The Law-Making Process: How Laws Are Made

The legislative process is a complex and lengthy procedure that begins with the introduction of a bill to Congress. A bill is a proposal for a new law or a change to an existing law. Anyone can write a bill, but only members of Congress can introduce one. These ideas can come from sitting members of the U.S. Senate or House of Representatives, be proposed during their election campaigns, or be petitioned by citizens or citizen groups. Once introduced, a bill 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. Then, both chambers vote on the same version of the bill, and if it passes, it is presented to the President.

The President then has several options. They can approve the bill and sign it into law, refuse to approve it and veto it, or do nothing (pocket veto). If the President chooses to veto a bill, Congress can override that veto with a two-thirds vote in both the Senate and the House of Representatives, and the bill becomes a law. If the President does nothing and 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.

The Legislative Process

Committee Action

Committees are composed of groups of Congress members with specific interests, such as health or international affairs. Committees may refer the bill to a subcommittee for further study and hearings. Hearings allow for testimony from experts, government agencies, and other interested parties. The committee will also "mark up" the bill, which means they debate, amend, and rewrite it. If the committee votes in favour of the bill, it is reported to the floor. If not, the bill dies.

Floor Action

The bill is then returned to the full House or Senate for further debate and approval. Members can propose amendments, add text, or make other alterations. The House and Senate members then vote on their respective versions of the bill.

Conference Committees

A bill must be approved by both Chambers of Congress. If the House and Senate versions of the bill differ, a conference committee is formed to negotiate and resolve these differences. The committee prepares a report with recommendations for the final bill, which both the House and Senate must approve.

Presidential Action

Once the bill is passed by both Chambers, it is sent to the President for approval. The President can choose to approve the bill and sign it into law, or veto it. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law. If Congress adjourns during this time, the bill is vetoed by default, which is known as a "pocket veto".

Overriding a Veto

If the President vetoes a bill, Congress may attempt to override the veto. If both the Senate and the House pass the bill with a two-thirds majority, the President's veto is overruled, and the bill becomes a law.

The Judiciary

The federal court system is composed of three levels: the district courts, the courts of appeals, and the Supreme Court. The district courts are the trial courts where cases are first heard. There are 94 federal districts, and each one has a district court. These courts handle both civil and criminal cases. The losing party in a district court case can appeal the decision to the courts of appeals. The United States is divided into 13 appellate circuits, each with its own court of appeals. These courts review the decisions of the lower courts and can affirm, reverse, or remand the decisions back to the lower courts for further proceedings.

The Supreme Court is the highest court in the land and has the final say on interpreting the law. It has the power to review decisions made by lower courts and state courts. The Supreme Court hears cases that involve significant legal principles, conflicts between state and federal law, and disputes between states. The Court's decisions can shape the law and have a profound impact on public policy.

The process of appointing judges to the federal courts is an important aspect of the judiciary's function. The President nominates judges to the federal courts, with the "advice and consent" of the Senate. This process ensures a degree of political accountability in the judiciary, as the President and the Senate play a role in selecting judges who will interpret the law. Once appointed, federal judges serve for life, ensuring their independence and allowing them to make decisions without fear of repercussions.

International Law

Sources of International Law

The sources of international law are outlined in Article 38 of the Statute of the International Court of Justice and include:

• International treaties or conventions
• Customary international law
• General principles of law
• Judicial decisions and scholarly articles

How International Law is Established

Additionally, international law can arise from customs and patterns of behaviour in nations. When states follow certain practices out of a sense of legal obligation over time, these practices can develop into international law. For example, most nations have agreed to prohibitions on genocide and certain forms of torture.

Enforcement of International Law

The enforcement of international law is a complex issue. While there is no central governing body to explicitly enforce international agreements, various international bodies, such as the United Nations and World Trade Organization, are responsible for overseeing issues covered by international law.

Compliance with international law is largely based on consent and incentives, such as the possibility of economic sanctions. States that breach international rules may suffer a decline in credibility and face negative repercussions in future relations with other states.

In conclusion, international law is a complex and dynamic field that governs relations between sovereign states, international organisations, and individuals. It operates through a combination of treaties, customs, and general principles of law, with enforcement relying on consent and incentives for compliance.

Criminal Law

Step 1: Bill Drafting

Any member of Congress, from the Senate or the House of Representatives, can propose a bill. This proposal can stem from their own ideas or suggestions made by citizens and advocacy groups. The member of Congress who proposes the bill is called the "sponsor", while other supporting members are "co-sponsors". Once the bill is drafted, it is introduced in the House or Senate, depending on the sponsor.

Step 2: Committee Review

The bill is then referred to a committee, which examines and discusses the proposal in detail. Committees may hold hearings to gather input from experts, public officials, and supporters and opponents of the bill. If the committee takes no action on the bill, it is considered "dead".

Step 3: Subcommittee Review

Committees often refer bills to subcommittees for further specialized study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the full committee.

Step 4: Committee Markup

After hearings and subcommittee review, the committee meets to make changes and amendments to the bill before recommending it to the "floor". If the committee votes against the bill, it dies. If they vote in favor, the bill is reported to the floor.

Step 5: Full Chamber Voting

Once the bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' votes.

Step 6: Referral to the Other Chamber

If the bill passes in one chamber, it is referred to the other chamber (House or Senate), where it undergoes a similar process of committee and subcommittee review, followed by voting. This chamber may approve, reject, ignore, or make changes to the bill.

Step 7: Conference Committee

If the two chambers have different versions of the bill, a conference committee may be formed to resolve these differences. The committee includes representatives from both chambers, who negotiate and bargain to reach a final compromise. Both chambers must then vote to approve the conference committee's recommendations.

Step 8: Presidential Approval

Once both chambers have approved an identical version of the bill, it is sent to the President for approval. The President can choose to sign the bill into law or veto it. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law.

Step 9: Veto Override

If the President vetoes a bill, Congress can attempt to override the veto. If both the Senate and the House pass the bill with a two-thirds majority, the President's veto is overruled, and the bill becomes a law.

Civil Law

The process of how a civil law is made is largely similar to the process of how a bill becomes a law. Here is a step-by-step breakdown:

• Bill Drafting: Any member of Congress, either from the Senate or the House of Representatives, can draft a bill. These ideas can come from Congress members themselves or everyday citizens and advocacy groups. The primary Congress member supporting the bill is called the "sponsor", while other supporting members are called "co-sponsors".
• Bill Introduction: Once the bill is drafted, it must be introduced. If a Representative is the sponsor, the bill is introduced in the House. If a Senator is the sponsor, the bill is introduced in the Senate.
• Committee Assignment: After a bill is introduced, it is assigned to a committee. Both the House and the Senate have various committees composed of groups of Congress members with specific interests, such as health or international affairs. The committee examines the bill, determines its chances of passage by Congress, and may hold hearings to better understand its implications. If the committee takes no action on the bill, it is considered "dead".
• Subcommittee Review: Committees often refer bills to subcommittees for further study, hearings, and revisions. The subcommittee must vote to refer the bill back to the full committee.
• Committee Mark-Up: After hearings and subcommittee review, the committee makes changes and amendments to the bill before recommending it to the "floor". If the committee votes against reporting the legislation to the full chamber of Congress, the bill dies.
• Floor Action: The bill is then brought to the full House or Senate for further debate and approval. Members can propose amendments, add text, or make other alterations. The members then vote to approve any amendments and pass or defeat the bill.
• Referral to the Other Chamber: Once a chamber passes a bill, it is referred to the other chamber (the House or Senate), where it undergoes a similar process of committee and subcommittee review, followed by a vote.
• Conference Committees: If the two chambers pass different versions of the bill, they form a conference committee to resolve the differences. Representatives from both chambers negotiate and prepare a conference report with recommendations for the final bill. Both chambers must approve the conference report.
• Presidential Action: After both chambers approve the bill, it is sent to the President for approval. The President can approve the bill, turning it into law, or veto it. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law. If Congress adjourns during this period, the bill is vetoed by default, known as a "pocket veto".
• Veto Override: If the President vetoes a bill, Congress can attempt to override the veto. If both chambers pass the bill with a two-thirds majority, the President's veto is overruled, and the bill becomes law.

While the above steps outline the general process, it is important to note that the specifics may vary across different jurisdictions.

Frequently asked questions