Kara Sears
In the United States, a bill is a proposal for a new law or a change to an existing law. Before a bill becomes a law, it must be passed by Congress, which consists of the Senate and the House of Representatives. If a bill is passed by 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. However, even after a bill is passed by Congress, it can still be prevented from becoming a law through a Presidential Veto. In most cases, Congress cannot override a Presidential Veto, and the bill is vetoed by default if it remains unsigned when Congress is no longer in session. Additionally, laws may be unenforced or symbolic, with little to no intention of enforcement, leading to few or no practical consequences for breaking them.
How can a law be prevented from being enacted?
| Characteristics | Values |
|---|---|
| Presidential Veto | The President can choose to veto a bill, killing it in most cases. |
| Pocket Veto | If the President does not sign off on a bill and Congress is no longer in session, the bill is vetoed by default and cannot be overridden. |
| Committee Action | A bill can be pigeonholed (no action is taken) or killed in the Committee stage. |
| House of Representatives | In the Rules Committee, a restrictive rule can be passed or a non-in-session date can be scheduled. |
| Voting | Voting against the bill on the full floor of either House can prevent it from becoming law. |
| Symbolic Laws | Some laws are symbolic and not intended for enforcement, so they may be ignored by law enforcement with no consequences for breaking them. |
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What You'll Learn
Presidential veto
In the United States, the president can use the veto power to prevent a bill passed by Congress from becoming law. This authority is derived from Article I, Section 7 of the US Constitution, which grants the president the power to veto legislation passed by Congress. This is one of the most significant tools available to the president to prevent the passage of legislation.
The president has 10 days (excluding Sundays) to act on a bill passed by Congress. If the president does not approve of the bill and chooses not to sign it, they may return it unsigned within the 10-day period to the originating house of Congress, along with a memorandum of disapproval or a "veto message". This is known as a "regular veto" or "qualified negative veto". Congress can override the veto by a two-thirds vote in each house, in which case the bill becomes law without the president's signature. Historically, Congress has overridden about 7% of presidential vetoes.
If Congress is no longer in session and the bill remains unsigned by the president, the bill will be vetoed by default. This is called a "pocket veto", an absolute veto that cannot be overridden. The authority for the pocket veto comes from Article I, Section 7 of the Constitution, which states, "the Congress by their adjournment prevent its return, in which case, it shall not be law".
The veto power is not unique to the president, as all state and territorial governors have similar veto power, as do some mayors and county executives. In many states and territories, governors have additional veto powers, including line-item, amendatory, and reduction vetoes.
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Vote against it on the House floor
Voting against a bill on the House floor is one of the most direct ways to prevent a law from being enacted. The House of Representatives is one of two bodies of Congress, the law-making branch of the federal government in the US, and it processes legislation through a majority vote.
When a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If a majority of House members vote against the bill at this stage, it will not pass.
However, if the bill does pass in the House, it will then go to the other body of Congress, the Senate, to go through a similar process of research, discussion, changes, and voting. This is where things can get a little more complicated in terms of voting procedures.
The Senate conducts different types of votes, including roll-call votes, voice votes, and division votes. In a roll-call vote, each senator's vote is recorded, and a simple majority is usually required for a measure to pass. In the case of a tie, the vice president may cast the tie-breaking vote. A two-thirds majority vote is required in certain instances, such as when overriding a presidential veto. Voice votes are less formal, with the presiding officer announcing the results based on their judgment, and division votes are used to confirm the outcome of a voice vote if there is any doubt.
It's important to note that while voting against a bill on the House floor is a crucial step in preventing a law from being enacted, it is not the only step. A bill must pass through both the House and the Senate, and there are opportunities for vetoes and amendments along the way. Understanding the legislative process and the specific voting procedures in each body of Congress is essential for effectively influencing the outcome of a proposed law.
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Pigeonhole it in the Committee
Pigeonholing is a strategy employed by committee chairs to prevent a bill from advancing in the legislative process. It involves the committee chair choosing not to include a bill on the agenda for discussion or a vote, effectively blocking it from consideration. This tactic is often used when a bill is considered undesirable by the committee members or goes against the interests of the majority party. By pigeonholing a bill, the committee chair can protect committee members from having to publicly vote against it, which may be politically sensitive.
The significant power held by committee chairs in the legislative process cannot be overstated. They are responsible for determining which bills advance through their committee and which do not. This power is exercised through their authority to set the agenda for committee meetings, including which bills are discussed and which are ignored. As a result, many bills die in committee without ever being brought to a vote.
An example of pigeonholing can be observed in the case of President Bush's Clear Skies initiative. The bill was "bottled up in committee" by the Democrats, preventing it from advancing during that session of Congress. Similarly, House Republican leaders employed a strategy to "bottle up" revenue bills until a comprehensive overhaul of the tax code was completed, impacting the Senate Democrats.
While the term "pigeonholing" may be considered older and less commonly used in modern times, the practice remains relevant in legislative processes. It is worth noting that it is traditionally avoided for bills proposed by the President.
To summarise, pigeonholing is a tactic used by committee chairs to obstruct a bill's progression by excluding it from the committee agenda. This action can have significant consequences, as bills that do not survive the committee stage often reflect the majority party's priorities or the committee's opinion on the bill.
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Pass a restricting rule in the Rules Committee
Passing a restricting rule in the Rules Committee is a common practice. The Rules Committee is one of the oldest standing committees in the House, first formed on April 2, 1789, during the first Congress. It is often considered one of the most powerful committees as it influences the introduction and process of legislation through the House.
The Rules Committee issues "special rule" resolutions, which are simple resolutions that permit the immediate consideration of a legislative measure and prescribe conditions for its debate and amendment. These "special rules" are privileged under the Standing Rules of the House, meaning they are immediately subject to a debate and a vote by the full House upon being reported by the Rules Committee. If a "special rule" resolution providing for consideration of a bill is passed, then such a bill must be considered by the House under the limitations set by the resolution.
There are three types of "special rule" resolutions:
- Open rule: Allows any member to offer any amendment in compliance with house rules under the five-minute rule. This type of rule has not been used since June 10, 2014.
- Modified open rule: Similar to an open rule, but may require amendments to be preprinted in the congressional record and may impose a total time limit for the consideration of all amendments or for debate on each amendment.
- Structured rule: Members submit amendments to the Rules Committee, and the committee selects which amendments may be considered on the floor.
The Rules Committee has the authority to do virtually anything during the course of considering a measure, including deeming it passed or including a self-executed amendment that could rewrite parts of a bill or the entire measure.
By passing a restricting rule, the Rules Committee can control the terms and conditions of the debate on a bill, limiting the length of the debate and the number and type of amendments allowed. This can make it difficult for a bill to pass, potentially preventing it from becoming law.
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Schedule a non-session date
Scheduling a non-session date is a tactic that can be used to prevent a bill from becoming a law in the United States. The process of turning a bill into a law is a lengthy one, involving multiple stages of review, discussion, and voting.
Firstly, a bill is a proposal for a new law or a change to an existing law. It can be proposed by a sitting member of the U.S. Senate or House of Representatives, during an election campaign, or by citizens who petition their representative. Once introduced, a bill is assigned to a committee that researches, discusses, and makes changes to it.
After this initial review, the bill is put before the relevant chamber (the House of Representatives or the Senate) to be voted on. If it passes in one chamber, it goes through a similar process in the other. If it passes in both, the two chambers work together to reconcile any differences.
However, there are several ways to prevent a bill from progressing through these stages and becoming a law. One tactic is to schedule a non-session date in the Rules Committee of the House of Representatives. This tactic involves delaying or obstructing the bill's progress by scheduling a date when the committee will not meet to consider the bill.
This strategy can be effective in slowing down or preventing a bill's passage, as it can cause the bill to miss critical deadlines or lose momentum. It can also be used as a negotiating tactic, as the bill's proponents may be forced to make concessions in order to get it back on track.
Scheduling a non-session date is just one of several strategies that can be employed to influence the fate of a bill. Other tactics include voting against the bill on the full floor of either chamber, taking no action on the bill in committee ("pigeonholing" it), or, most decisively, securing a presidential veto.
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Frequently asked questions
Before a bill becomes a law in the US, it can be prevented by a Presidential Veto. If the president chooses to veto a bill, it will usually be killed. However, in most cases, Congress can vote to override this veto.
Congress can vote against a bill on the full floor of either the House of Representatives or the Senate. They can also pigeonhole it, or take no action, in the Committee.
The House of Representatives can pass a restricting rule or schedule for a non-in-session date in the Rules Committee.
