Understanding The Legislative Process: Student Guide To Laws

The process of a bill becoming a law is known as enactment. A bill is a piece of legislation proposed by a member of the House of Representatives or the Senate. The sponsor of the bill is not necessarily its author, as bills can be written by staff members, interest groups, or others. Once a bill has been proposed, it is sent to the appropriate committee, which will hold hearings and make revisions. The bill then returns to the main chamber of the House or Senate, where it is placed on the calendar for debate and voted upon. If the bill passes, it is sent to the other chamber for deliberation and voting. If the bill passes in both chambers, it is sent to the President to be signed into law. If the President vetoes the bill, it is sent back to Congress, where it can be passed into law with a two-thirds majority vote.

How a bill is introduced

A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens or citizen groups.

Once a bill is proposed, it needs a sponsor. The sponsor of the bill is not necessarily the author. The representative will talk with other representatives about the bill, hoping to get their support. Once a bill has a sponsor and the support of some of the representatives, it is ready to be introduced.

In the U.S. House of Representatives, a bill is introduced when it is placed in the hopper—a special box on the side of the clerk's desk. Only representatives can introduce bills in the House of Representatives. When a bill is introduced, a bill clerk assigns it a number that begins with H.R. A reading clerk then reads the bill to all the representatives, and the Speaker of the House sends the bill to one of the House standing committees.

In the Senate, a senator must seek recognition to introduce a new bill in the morning. After the bill is proposed, the Speaker of the House or the presiding officer of the Senate will send the bill to the appropriate committee.

The committee will add the bill to their calendar. If a bill is not discussed in committee, it is effectively "killed". The committee will hold hearings on the proposed bill, or the chairperson may assign the bill to a subcommittee. The subcommittee will then report back to the committee.

After the bill is discussed, the full committee will vote on it. If the vote passes, the committee will make revisions or edits to the bill. After the edits are made, the committee must vote to accept the changes. If major edits are made, the committee may decide to create a new bill, which will restart the process.

The committee will then write reports about why they are in favour of or against the bill. In the House, the bill will usually go to the Rules Committee for approval. The bill is then sent back to the main chamber of the House or Senate.

The role of committees

Committees play a crucial role in the legislative process, acting as gatekeepers and shaping the content of bills before they reach the House or Senate floor for debate and vote. Once a bill is introduced, it is assigned to a committee by the Speaker of the House or the presiding officer in the Senate. The committee will then add the bill to their calendar. If a bill is not discussed in committee, it is effectively "killed".

Committees are typically composed of groups of Representatives or Senators with expertise in relevant areas, such as agriculture, education, or international relations. They review, research, and revise the bill, and may also hold hearings to gather more information and expert opinions. Supporters and opponents of a bill can testify at these hearings, attempting to sway the committee members to their point of view. Committee chairs may use hearings to build support for or increase opposition to a bill.

After discussions and hearings, the committee will vote on the bill. If the vote passes, the committee will make revisions or edits, and then vote again to accept the changes. If significant edits are made, a new bill may be created, restarting the process from the beginning.

The committee will then write reports explaining their position on the bill, including dissenting opinions from committee members who oppose it. These reports are sent back to the whole chamber and placed on the calendar for debate and vote.

The bill is debated

Once a bill has been introduced and assigned to a committee, it is ready to be debated on the House or Senate floor. The bill is placed on the calendar for debate. The House must follow the rules put in place by the Rules Committee when discussing the bill. In the Senate, there is unlimited time for debate, and Senators can use a filibuster to prevent a bill from being passed. A filibuster can be limited by cloture or a three-fifths vote, which limits debate time to an additional thirty hours.

During the debate, Representatives or Senators discuss the bill and explain why they agree or disagree with it. A reading clerk reads the bill section by section, and members of the House or Senate recommend changes. Once all changes have been made, the bill is ready to be voted on.

In the House, there must be a quorum vote first to ensure there are enough members present to conduct the vote. The Speaker of the House asks the Representatives who support the bill to say "aye" and those who oppose it to say "no." Alternatively, the Speaker may ask those in support to stand up and be counted, and then do the same for those who oppose the bill. Finally, Representatives can record their vote electronically, selecting "yes," "no," or "present" if they do not wish to vote. If a majority of the Representatives support the bill, it passes in the House and is then sent to the Senate.

In the Senate, members vote by voice. Senators who support the bill say "yea," and those who oppose it say "nay." If a majority of Senators support the bill, it passes in the Senate and is sent to the President. If the bill does not pass in either chamber, it dies.

The bill is voted on

Once a bill has been debated, it is put to a vote. In the House of Representatives, there are three methods of voting: viva voce, division, and recorded. In viva voce, the Speaker of the House asks Representatives to say "aye" if they support the bill and "no" if they don't. In division, the Speaker asks those in support of the bill to stand up and be counted, and then does the same for those who oppose it. In recorded, Representatives use an electronic voting system to record their votes. They can vote yes, no, or present if they don't want to vote. If a majority votes yes, the bill passes in the House of Representatives and is certified by the Clerk of the House before being sent to the Senate.

In the Senate, the voting process is simpler. Senators vote by voice, saying "yea" if they support the bill and "nay" if they don't. If a majority of Senators say "yea", the bill passes in the Senate and is ready to be sent to the President.

If the bill fails to pass in either the House or the Senate, it dies. If it passes in both, it is sent to the President.

Presidential action

Once a bill has been passed by both the House of Representatives and the Senate, it is sent to the President for review. This is when presidential action comes into play. The President has three options for how to proceed with the bill.

Firstly, the President can choose to approve the bill and pass it into law. This is done by signing the bill. Once the President has signed the bill, it officially becomes a law.

The second option is for the President to veto the bill. A veto means the President rejects the bill. In this case, the bill is sent back to the U.S. House of Representatives, along with the President's reasons for the veto. The House of Representatives and the Senate can then hold another vote on the bill. If two-thirds of the Representatives and Senators support the bill, the President's veto is overridden, and the bill becomes a law.

The third option is for the President to do nothing, also known as a pocket veto. If the President does not sign the bill within 10 days and Congress is in session, the bill will automatically become law. However, if Congress is not in session, the bill will not become law. This is an important distinction to note.

It is worth mentioning that if a bill has passed in both the House of Representatives and the Senate and has been approved by the President, or if a presidential veto has been overridden, the bill becomes a law and is enforced by the government.

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