The Legislative Journey: Judicial Review And Lawmaking

The process of how a bill becomes law involves multiple steps and stakeholders. Ideas for laws can come from citizens, advocacy groups, or members of Congress, who then draft the bill. The bill is introduced in the House or Senate, where it is assigned a number and a sponsor. It is then referred to a committee, which reviews and revises the bill, and may refer it to a subcommittee for further review. The bill is then returned to the full House or Senate for debate and approval, where members can propose amendments. If the bill is approved by both chambers, it is sent to the President for review. The President can sign the bill into law, veto it, or take no action. If the President vetoes the bill, Congress can attempt to override the veto with a two-thirds majority vote in both chambers. The Judicial Review and Courts Bill, introduced in the UK Parliament in 2021, is an example of a bill that seeks to reform the judicial review system, but it has raised concerns about the potential impact on the rule of law and executive power.

The creation of a bill

Once a bill has a sponsor and the support of other Representatives, it is ready to be introduced. 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 (e.g., H.R. 1001) and a reading clerk reads the bill to all the Representatives.

The bill is then sent to a committee, which reviews, researches, and revises the bill before voting on whether or not to send it back to the House floor. Committees are groups of Representatives who are experts on specific topics such as agriculture, education, or international relations. If the committee would like more information before deciding, the bill is sent to a subcommittee, which closely examines the bill and gathers expert opinions before sending it back to the committee for approval.

Committee action

Once a bill has been introduced, it is assigned to a committee. The Speaker of the House or the presiding officer in the Senate will refer the bill to the appropriate committee, although the actual referral decision is often made by the House or Senate parliamentarian. Bills may be referred to more than one committee and may be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees.

Committees are groups of Representatives who are experts on topics such as agriculture, education, or international relations. They review, research, and revise the bill before voting on whether or not to send it back to the House floor. Committees may request reports from government agencies and hold hearings to better understand the implications of the bill. Hearings allow the views of the executive branch, experts, other public officials, and supporters and opponents of the legislation to be put on the record.

If the committee wishes to gather more information before deciding whether to send the bill to the House floor, it may be sent to a subcommittee. In a subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval. The subcommittee may make changes to the bill and must vote to refer it back to the full committee.

Once hearings and subcommittee review are completed, the committee will meet to "mark up" the bill. They make changes and amendments prior to recommending the bill to the "floor". If a committee votes not to report legislation to the full chamber of Congress, the bill dies. If the committee votes in favor of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

Finally, there is a vote by the full committee—the bill is "ordered to be reported". A committee will hold a "mark-up" session during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change, or reject all committee amendments before conducting a final passage vote.

After the bill is reported, the committee staff prepares a written report explaining why they favor the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.

Subcommittee review

The subcommittee review process is an important step in the legislative journey of a bill becoming a law. Once a bill is introduced, it is referred to a committee or subcommittee for editing and analysis, known as the markup period. This process involves reviewing, researching, and revising the bill, as well as gathering expert opinions and holding hearings. Hearings are crucial for gathering testimony on the bill and understanding its implications. They provide an opportunity for interested parties to present their perspectives, allowing committee members to assess the need for the proposed legislation.

During the subcommittee review, the bill undergoes close examination and is subject to expert scrutiny. This stage serves as an opportunity to address any concerns or ambiguities within the bill and ensure that it is well-informed and supported by relevant expertise. The subcommittee may hold hearings, review committee prints, and produce reports. Committee prints are comprehensive documents that can include research materials, statistical data, legislative analyses, staff reports, investigative findings, and background information. These documents aid in informing the subcommittee's decisions and recommendations.

The subcommittee review process is also a time for deliberation and discussion among subcommittee members. They consider the testimony and evidence presented during hearings and analyse the bill in detail. This collaborative process allows for a thorough evaluation of the bill's potential impact and effectiveness. It is during this stage that amendments may be proposed and voted on, with the goal of improving the bill and addressing any identified concerns.

The subcommittee's role is to ensure that the bill is well-vetted and supported by relevant expertise before it is sent back to the full committee for further consideration. The subcommittee's findings and recommendations are reported to the full committee, which then votes on whether to approve the bill and move it forward in the legislative process. This vote is a critical juncture, as the full committee's approval is necessary for the bill to advance toward becoming a law.

The subcommittee review process is a crucial step in the legislative journey, providing a forum for detailed analysis, expert input, and public participation. It helps ensure that the bill is thoroughly vetted and refined before progressing further, contributing to the overall integrity and effectiveness of the law-making process.

Mark-up session

A "mark-up session" is a meeting during which a committee considers possible changes to a proposal by offering and voting on amendments to it. This includes the possibility of a complete substitute for its text. Mark-up sessions are seldom published, but when they are, they may be published as a hearing, in a committee print, or in a committee report.

At the beginning of a mark-up session, committee members often make opening statements, usually not exceeding five minutes apiece. The first reading of the text of the bill can be waived, either by unanimous consent or by adopting a non-debatable motion. The bill is then read for amendment, one section at a time, with committee members offering their amendments to each section after it is read but before the next section is read. By unanimous consent only, the committee may agree to dispense with the reading of each section, or to consider a bill for amendment by titles or chapters instead of by sections. Also by unanimous consent, the committee may consider the entire bill as having been read and open to amendment at any point.

Each amendment must be read in full unless the committee waives that reading by unanimous consent. Committees debate amendments under the five-minute rule. A committee can end the debate on an amendment by ordering the previous question on it, or by agreeing to a motion to close debate on it. A committee also can order the previous question or close debate on the entire bill, once it has been read or that reading has been waived by unanimous consent. However, the committee can only close the debate, not order the previous question, on individual sections (titles, chapters) of the bill.

Committees do not change the texts of the bills they mark up. Instead, they vote on amendments that their members want to recommend that the House adopt when the House considers the bill on the floor. The committee concludes a mark-up session not by voting on the bill as a whole but by voting on a motion to order the bill reported to the House with the amendments that the committee has approved. A majority of the committee must be present when this final vote occurs.

Conference committee

If the House and Senate pass different versions of the same bill, it is sent to a Conference Committee. This committee is made up of members from each house, usually senior members, who meet to work out the differences between the two versions. The representatives from each house work to maintain their version of the bill.

If the Conference Committee reaches a compromise, it prepares a written report, which is then submitted to each chamber. This report must be approved by both the House and the Senate. If the Conference Committee cannot reach a compromise, the bill dies.

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