Cecily Zamora
Congress, as the Legislative Branch of the US government, has the primary function of creating and modifying laws. Any member of Congress can introduce a bill, which is then sent to the House or the Senate, where it is debated and voted on. If the bill passes in one chamber, it is sent to the other chamber, where the process repeats. If the bill passes in identical form in both chambers, it is sent to the President for approval. The President can approve the bill, in which case it becomes a law, or veto it, in which case it is sent back to Congress. Congress can then attempt to override the veto by voting on the bill again, and if it passes with a two-thirds majority in both chambers, it becomes a law.
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What You'll Learn
A bill must pass both houses of Congress
The conference report must be approved by both the House and the Senate. Depending on where the bill originated, the final text is then enrolled by either the Clerk of the House or the Secretary of the Senate and presented to the Speaker of the House and the President of the Senate for their signatures. The bill is then sent to the President.
If the President approves of the bill, they can sign it into law. If the President does not approve, they can veto the bill, sending it back to Congress with a note listing their reasons. Congress can then attempt to override the veto by a two-thirds majority vote in both the Senate and the House. If this occurs, the bill becomes a law.
If the President takes no action on the bill within 10 days while Congress is still in session, the bill will automatically become law. However, if Congress adjourns before the 10 days are up, the bill will be pocket vetoed and cannot be overridden by Congress. In this case, if Congress still wants to pass the legislation, they must begin the entire process anew.
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The bill is sent to the President for approval
Once a bill has been introduced, it must pass both houses of Congress before it goes to the President for consideration. The bill must be passed in identical form by both the House and the Senate. If the two chambers pass different versions of the bill, it is sent to a Conference Committee, which combines the two versions into a single bill. This final bill is then sent to the President.
The President has several options when considering a bill. If the President approves of the bill, they can sign it into law. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law. However, if Congress adjourns before the ten days are up and the President has not signed the bill, the bill does not become law. This is called a "pocket veto".
The President can also choose to veto the bill, sending it back to Congress with a note listing their reasons. Congress can then attempt to override the veto by voting on the bill again. If the bill passes by a two-thirds majority in both the House and the Senate, the President's veto is overruled, and the bill becomes law.
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The President can veto the bill
At this point, Congress has the option to attempt to override the veto. To do this, both the Senate and the House must pass the bill again, this time with a two-thirds majority. If they succeed, the President's veto is overruled, and the bill becomes a law.
However, if Congress is unable to reach the required majority, or if Congress is no longer in session, the bill will be vetoed by default. This is known as a "pocket veto" and cannot be overridden. In this case, the bill does not become law, and if Congress still wishes to pursue the legislation, they must start the entire process from the beginning.
It is important to note that a bill must pass through both chambers of Congress and gain their approval before it can be sent to the President for consideration. In most cases, the two bills will not have identical wording, so a Conference Committee is formed to reconcile the differences and create a final version of the bill. This committee consists of senior members from both the House and the Senate, who work together to reach a compromise. Once an agreement is made, a conference report is prepared and sent back to each chamber for approval. Only after both chambers have approved the identical bill will it be sent to the President.
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Congress can override the veto with a two-thirds majority
In the United States, a bill can become a law when it is passed in identical form by both Chambers of Congress and signed by the president. However, if the president vetoes a bill, Congress may still pass the bill into law by voting to override the veto with a two-thirds supermajority in both houses. This is known as a supermajority rule, which was first used in ancient Rome during the 100s BC for juries. In this context, two-thirds of jurors had to confirm their readiness to make a decision before proceeding to a simple majority vote.
The supermajority rule has been applied in various contexts throughout history, including in the United States Democratic Party. From 1832 until 1936, a rule requiring two-thirds of delegates to the Democratic National Convention to determine the party's presidential nominee gave southern Democrats a de facto veto over the nominee. Additionally, according to Article 65 of the Constitution of South Korea, impeaching the president requires a two-thirds majority of legislators.
In the United States, the supermajority rule is also applied when proposing amendments to the Constitution. Amendments may be proposed with a two-thirds supermajority vote in each body of Congress or by a convention called by Congress upon request from two-thirds of the states. Once proposed, an amendment must be ratified by three-quarters of the states. Similarly, a treaty must be ratified by a two-thirds supermajority of the Senate to enter into force.
It is important to note that there are certain instances where a veto cannot be overridden by Congress. For example, if a bill is not signed by the president and remains unsigned when Congress is no longer in session, it will be vetoed by default through a pocket veto, which cannot be overridden.
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The bill becomes law
Once a 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. After being introduced, the bill is sent to the other chamber, where it usually follows the same route through committees and finally to the floor. This chamber may approve the bill as received, reject it, ignore it, or change it. If the bill is approved, it is sent back to the first chamber, which must also approve the bill. If the bill is approved by both chambers, it is sent to the President.
If the President approves the bill, it is signed and becomes law. If the President does not approve the bill, it can be vetoed. If the bill is vetoed, Congress may attempt to override the veto. If both the Senate and the House pass the bill by a two-thirds majority, the President's veto is overruled, and the bill becomes a law. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law. However, if Congress adjourns before the ten days are up and the President has not signed the bill, it does not become law. This is called a "pocket veto".
If the House and Senate pass different bills, they are sent to a Conference Committee, which is made up of senior members from each house. The committee works to reach an agreement between the two versions of the bill. If an agreement is reached, the committee members prepare a conference report with recommendations for the final bill. Both the House and Senate must then vote to approve the conference report. After both the House and Senate have approved the bill in identical form, the bill is sent to the President.
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Frequently asked questions
Any member of Congress can propose a bill, which is then introduced in the House or the Senate. The bill must then pass both the House and the Senate before it goes to the President for consideration. If the President approves, the bill is signed into law.
If the House and Senate pass different bills, they are sent to a Conference Committee, which works to reconcile the differences. If an agreement is reached, the committee prepares a report, which is sent back to both chambers for approval.
If the President vetoes a bill, it is sent back to Congress with a note listing their reasons. Congress can then attempt to override the veto by a two-thirds majority vote in both the House and the Senate. If this happens, the bill becomes law.
If Congress adjourns before the President has signed a bill, the bill does not become law. This is called a "pocket veto".
Congress can pass bills that deal with domestic and foreign issues, as well as programs that appropriate money to government agencies. Congress also has the power to establish an annual budget for the government, levy taxes, and authorize borrowing.
