The process of a bill becoming a law is a complex one, and it's a topic that's particularly relevant to AP Gov students. The journey begins with an idea, which can come from anyone, and is then proposed and introduced by a member of Congress. This is followed by a series of steps, including committee reviews, debates, and votes, before the bill is passed between the House of Representatives and the Senate. Finally, the President has the power to sign the bill into law, veto it, or do nothing, which results in different outcomes. Understanding this process is essential for comprehending how legislation is created and passed, and it's a key focus area for AP Gov students.
Characteristics | Values |
---|---|
Step 1 | Proposal |
Step 2 | Introduction or "sponsorship" |
2a | Introduction in the House of Representatives |
2b | Introduction in the Senate |
Step 3 | Standing Committee |
3a | Goes to the rule committee |
3b | Open/closed rule and calendar defined |
Step 4 | Floor debate |
Step 5 | Vote |
Step 6 | Goes to the conference committee |
Step 7 | Presidential options |
What You'll Learn
- Proposal: Anyone can propose a bill, but it must be sponsored by a member of Congress
- Introduction: A member of Congress introduces the bill, which is then read out loud
- Standing Committee: The bill goes to a committee who can refer it to another committee, hold public hearings, etc
- Floor debate: The bill is debated on the floor of the House of Representatives
- Vote: There are three types of votes: voice, rising, and recorded
Proposal: Anyone can propose a bill, but it must be sponsored by a member of Congress
The legislative process begins with a proposal for a new law or a change to an existing law. Anyone can propose a bill, including members of the public, lobbyists, and special interest groups. However, all proposals must be sponsored and introduced by a sitting member of Congress before they can be considered. This is typically a member of the House of Representatives or the Senate, who may have promised to introduce the bill during their election campaign.
Once a member of Congress has agreed to sponsor a bill, they will work with the person or group who proposed it to refine the bill and put it into the correct legislative language. They may also seek support from other members of Congress, who can sign on as co-sponsors. This demonstrates a solid base of support for the bill.
The next step is for the bill to be introduced, or sponsored, in either the House of Representatives or the Senate. This is typically done by the member of Congress who is sponsoring the bill. In the House, this involves physically giving a copy of the bill to the clerk of the house, known as "dropping it in the hopper". In the Senate, bills are introduced during "morning hour" (between 12 pm and 2 pm) and are read out loud to the Senate clerk.
First Reading
During the first reading, only the title and bill number are read out loud. At this stage, the bill is given a designation based on the chamber of introduction (e.g. H.R. for House-originated bills) and assigned a number.
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Introduction: A member of Congress introduces the bill, which is then read out loud
The first step in the process of a bill becoming a law is the proposal stage, where anyone can propose a bill. However, most legislation is proposed by members of Congress or the executive branch. Lobbyists and special interest groups also propose bills. All revenue and appropriation bills must start in the House.
The second step is the introduction or "sponsorship" stage. A member of Congress has to introduce the bill in either house. This introduction is called the "first reading", and only the title and bill number are read out loud. In the House of Representatives, a bill must be physically given to the clerk of the house, which is called "dropping it in the hopper". In the Senate, bills are introduced during "morning hour" (between 12 pm and 2 pm), and the senator must introduce the bill to the senate clerk verbally.
The third step is when the bill goes to a standing committee. The committee is supposed to make Congress more efficient. The bill is referred to a committee whose members will research, discuss, and make changes to the bill. The committee can refer the bill to the appropriate committee, hold public hearings, conduct mark-up sessions (analysis of the bill), or take committee action.
The fourth step is the introduction in the House of Representatives or the Senate, depending on where the bill was initially introduced.
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Standing Committee: The bill goes to a committee who can refer it to another committee, hold public hearings, etc
Once a bill has been introduced, it is sent to a standing committee. The committee is supposed to make Congress more efficient. The committee can refer the bill to another committee, hold public hearings, conduct mark-up sessions (analysis of the bill), or take committee action.
If the bill is referred to another committee, it is usually the Rules Committee, which acts as a "traffic cop" and screens out unsupported or inessential bills. The Rules Committee can decide which calendar a bill is placed on (which can effectively kill it) and determine the rules that apply for debate, such as a closed or open rule. An open rule means anyone can add amendments on the floor, while a closed rule means only members of the sponsoring committee can edit the bill.
If the bill remains with the original committee, it can hold public hearings, where the committee members—groups of Representatives who are experts on topics such as agriculture, education, or international relations—review, research, and revise the bill. The committee can also hold mark-up sessions, where the bill is analysed, and committee action, where the committee votes on whether to send the bill back to the House floor.
If the committee wishes to gather more information before deciding whether to send the bill to the House floor, it can refer the bill to a subcommittee. The subcommittee will closely examine the bill and gather expert opinions before sending it back to the committee for approval.
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Floor debate: The bill is debated on the floor of the House of Representatives
After a bill has been introduced in the House of Representatives, it is sent to a committee for review. Once the committee has finished examining the bill, it is placed on the legislative calendar for debate on the floor of the House of Representatives. This is known as the "floor debate".
During the floor debate, legislators discuss the various elements of the bill, presenting arguments for and against it. They may also examine the specific language within the bill, seeking to clarify vague or unclear provisions. The debate provides valuable evidence of legislative intent, as legislators explain why they believe the bill should or should not become law.
The debate time is normally divided equally between proponents and opponents of the bill. Each side yields time to their members who wish to speak. If amendments are offered, they are also debated and voted on. The speaker often designates a senior member familiar with the bill to preside over the debate, allowing for a faster and more open discussion.
After all the debate has concluded and amendments have been decided upon, the House moves to vote on the final passage of the bill. In some cases, there may be a vote to "recommit" the bill to the committee, usually an attempt by opponents to make changes or delay the measure. If this attempt fails, a vote on the final passage is ordered.
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Vote: There are three types of votes: voice, rising, and recorded
Voting Methods
Voice Vote
A voice vote is the most common voting method used in deliberative assemblies, such as legislatures. It is also the simplest and quickest method. The presiding officer or chair of the assembly will put the question to the vote, asking first for all those in favor of the motion to indicate so orally ("aye" or "yea"), and then asking all those opposed to the motion to indicate so verbally ("no" or "nay"). The chair will then make an estimate of the count on each side and state what they believe the result to be. Voice votes are usually not recorded, but sometimes are.
Rising Vote
A rising vote, also known as a division vote, is used when the chair believes a voice vote has been taken with an inconclusive result, or upon a motion to divide the assembly. It is also often the normal method of voting on motions requiring a two-thirds vote for adoption. In a rising vote, members of the assembly rise to their feet to indicate their vote. The chair can also order the rising vote to be counted.
Recorded Vote
A recorded vote is a vote in which the votes (for or against) of each member of the assembly are recorded (and often later published). Recorded votes are typically taken by roll call, where the clerk calls the roll of members and each member individually responds. Recorded votes are also sometimes taken by electronic device.
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Frequently asked questions
The first step is the proposal of the bill, which can be done by anyone, although most legislation is proposed by members of Congress or the executive branch.
The second step is the introduction or "sponsorship" of the bill by a member of Congress. On average, about 1000 bills become law.
The House of Representatives is responsible for introducing, reviewing, debating, and voting on the bill before it is passed on to the Senate.
If the President vetoes a bill, it is sent back to the House of Representatives along with the reasons for the veto. If the House and the Senate still believe the bill should become a law, they can hold another vote, and if two-thirds of the Representatives and Senators support the bill, the veto is overridden.
Party control and committee work are important in the legislative process as they help to review, research, and revise bills before they are voted on. Committees can also kill or amend bills before they reach the House floor.