The Lawmaking Process: Bills That Don't Become Laws

how a bill does not become a law

The process of a bill becoming a law is a complex one, and there are many steps along the way where a bill can fail to progress. A bill is a proposal for a new law or a change to an existing law, and these ideas can come from citizens, members of the House of Representatives or the Senate, or be proposed during election campaigns. Once a bill is introduced, it is assigned to a committee, which will research, discuss, and make changes to the bill. The bill is then put before the chamber to be voted on. If the bill passes one body of Congress, it goes through the same process in the other body. Once both bodies vote to accept a bill, they must work out any differences between the two versions, and then both chambers vote on the same version of the bill. If it passes, it is sent to the President.

The President then has the power to approve the bill and sign it into law, or refuse to approve it, which is called a veto. If the President chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law. However, if the President does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, in what is known as a 'pocket veto', which cannot be overridden by Congress.

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A bill must be introduced by a member of the House or Senate

The legislative process is a complex one, and a bill must go through several stages before it can become a law. The first step is the introduction of the bill, which must be done by a member of the House or Senate. In the House, a bill is introduced when it is placed in the hopper, a special box on the side of the clerk's desk. In the Senate, a bill is introduced when a member gains recognition from the presiding officer to announce its introduction during the morning hour. Once introduced, the bill is assigned a number and a sponsor, and copies are made.

The bill is then referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. This referral decision is often made by the House or Senate parliamentarian. The committee will review, research, and revise the bill, and then vote on whether to send it back to the House or Senate floor. If the committee votes in favour of the bill, it is reported and sent back to the House or Senate, where it will be debated and voted on.

The process differs slightly between the House and Senate. In the House, most bills go to the Rules Committee, which adopts rules that govern the procedures for debating the bill. The House may also use a discharge petition to bypass the Rules Committee. The House also has a quorum call, a vote to ensure that enough members are present to pass the bill. In the Senate, there is no Rules Committee, and debate is unlimited unless cloture is invoked. Senators can also use a filibuster to defeat a bill.

If the bill passes in the House or Senate, it is then sent to the other chamber, where the process is repeated. If both chambers pass the same bill, it is sent to the President for review. If they pass different versions of the bill, it goes to a Conference Committee, made up of members from each chamber, to work out the differences. The Conference Committee's report must then be approved by both the House and the Senate.

The bill is then sent to the President, who can sign it into law, veto it, or take no action. If the President vetoes the bill, it is sent back to Congress, which can override the veto with a two-thirds majority vote in both chambers. If the President takes no action and Congress remains in session, the bill becomes law after 10 days. If Congress is not in session, the bill does not become law. Once signed or approved by the President, or if the veto is overridden, the bill becomes a law.

The Journey of a Bill to Law

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The bill must be passed by a majority vote in both the House and the Senate

For a bill to become a law, it must be passed by a majority vote in both the House and the Senate. This is a crucial step in the legislative process, and it involves several key stages. Firstly, a bill is introduced by a member, a group of members, or a standing committee. After meeting specific deadlines, only certain committees are authorised to introduce bills. The bill is then assigned a number and goes through several readings before being voted on.

In the House, the bill is placed in the hopper, a special box on the clerk's desk, and is assigned a number that begins with "H.R." It is then read by a clerk to all the Representatives and sent to a House standing committee for review and revision. The committee members consist of experts in various fields who thoroughly examine the bill before voting on whether to send it back to the House floor. If the committee requires further information, the bill is sent to a subcommittee for a more detailed analysis. Once the committee approves the bill, it is sent back to the House floor for debate and voting.

In the Senate, the process is similar. The bill is introduced by a presiding officer, who announces the introduction during the morning hour. If there are no objections, the bill proceeds; otherwise, the introduction is postponed until the next day. The bill is then assigned a number that begins with "S." and goes through the same steps as in the House: it is sent to a Senate standing committee for review, revision, and voting.

During the voting process in both the House and the Senate, members discuss and explain their agreement or disagreement with the bill. Amendments can be proposed and voted on. If a majority of members in each chamber vote in favour of the bill, it passes and is certified by the respective clerk before being delivered to the other chamber. This is a critical step in the legislative process, as it ensures that a bill receives approval from both chambers before progressing further.

Overall, the requirement for a bill to be passed by a majority vote in both the House and the Senate is an essential part of the law-making process. It allows for thorough review, debate, and approval from representatives of different constituencies, ensuring that laws are carefully considered and supported by a majority in both chambers before moving forward in the legislative journey towards becoming a law.

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The bill must be signed into law by the Governor/President

The final step of a bill becoming a law is for it to be signed by the President. The President has three options:

  • Sign and pass the bill, which becomes a law.
  • Refuse to sign or veto the bill, which is sent back to the House of Representatives with the President's reasons for the veto. If the House and the Senate still believe the bill should become a law, they can 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.
  • Do nothing, which is called a "pocket veto". If Congress is in session, the bill automatically becomes law after 10 days. If Congress is not in session, the bill does not become a law.

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If the Governor/President vetoes a bill, a two-thirds majority in both houses can override it

The process of a bill becoming a law varies between the US federal government and state governments. In the US federal government, the president can use the veto power to prevent a bill passed by the Congress from becoming a law. Congress can override the veto by a two-thirds vote of both chambers.

In the case of state governments, the process is similar, but with some differences. For example, in the state of Idaho, a bill may originate in either the House or Senate, with the exception of revenue measures, which originate in the House of Representatives. It must be passed by a majority vote of each house of the Legislature and be signed into law by the Governor. If the Governor vetoes a bill, it can become law if the veto is overridden by a two-thirds majority of those present in each house. A bill can also become law without the Governor’s signature if it is not vetoed within five days (Sundays excepted) after presentation to the Governor. After the Legislature adjourns "sine die", the Governor has ten days to veto or sign a bill.

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If the Governor/President does not sign a bill and Congress is no longer in session, the bill will be vetoed by default

If the President does not sign a bill and Congress is no longer in session, the bill will be vetoed by default. This is known as a "pocket veto" and cannot be overridden by Congress.

The process of a bill becoming a law varies slightly between states and at the federal level. In general, 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 introduced, it is assigned to a committee, which will research, discuss, and make changes to it. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes through a similar process in the other body. Once both bodies vote to accept a bill, they must work out any differences between the two versions and then both chambers vote on the same version of the bill. If it passes, they present it to the president.

The president then has the choice to approve the bill and sign it into law or refuse to approve it and veto the bill. If the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law. However, if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, and this action cannot be overridden by Congress.

Frequently asked questions

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 or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them.

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill.

The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting.

Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president.

The president then considers the bill. The president can approve the bill and sign it into law. Or the president can refuse to approve a bill. This is called a veto.

If the president chooses to veto a bill, in most cases, Congress can vote to override that veto, and the bill becomes a law. But if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default. This action is called a pocket veto, and it cannot be overridden by Congress.

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