Gavin Howe
Congress, as the Legislative Branch of the US government, has the primary function of creating and modifying laws. The process of how a bill becomes a law differs between the House of Representatives and the Senate. A bill is a proposal for a new law or a change to an existing law. It can be introduced by a sitting member of the US Senate or House of Representatives, during their election campaign, or be petitioned by citizens. Once a bill is introduced, it is assigned to a committee, which researches, discusses, and makes changes to the bill. The bill is then voted on, and if it passes one body of Congress, it goes to the other body to go through a similar process. 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 presented to the president, who can approve the bill and sign it into law or veto it. Congress can, however, override a presidential veto with a two-thirds majority vote in both houses. Through a technique known as jurisdiction stripping, Congress can also override the Supreme Court by removing its authority to rule in certain areas.
| Characteristics | Values |
|---|---|
| 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 people or citizen groups |
| Bill introduction | Handed to the clerk of the House, placed in the hopper, or announced during the morning hour in the Senate |
| Bill assignment | Given a number and sent to a committee |
| Committee | Discusses, researches, and makes changes to the bill |
| Committee report | Written to explain why committee favors the bill and wishes to see their amendments adopted; dissenting opinions may be included |
| House debate | Limited by rules formulated in the Rules Committee |
| Senate debate | Unlimited unless cloture is invoked |
| Amendments | Must be germane to the subject of the bill in the House, but need not be germane in the Senate |
| Voting | A quorum call ensures enough members are present for a final vote; if passed, the bill goes to the other body to go through a similar process |
| Conference committee | Formed if the House and Senate pass different bills; senior members work out the differences |
| Presidential review | The president considers the bill and can approve it, veto it, or do nothing |
| Congressional override | Congress can override a presidential veto with a two-thirds majority vote in both houses |
| Judicial review | An act of Congress that violates the Constitution may be declared unconstitutional by the courts |
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What You'll Learn
Bills can be proposed by citizens or Congress members
In the United States, Congress is the law-making branch of the federal government. A bill is a proposal for a new law or a change to an existing law. Bills can be proposed by citizens or groups of citizens, or by members of the U.S. Senate or House of Representatives. Citizen-proposed bills are petitioned to a member of Congress, who then introduces them.
Once a bill is introduced, it is assigned to a committee, whose members will research, discuss, and make changes to the bill. 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. The two bodies of Congress are the House of Representatives and the Senate.
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 has the option to approve the bill and sign it into law or to veto it.
If the president vetoes 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 Congress is no longer in session, the bill will be vetoed by default. This is called a pocket veto, and it cannot be overridden by Congress.
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Amendments can be made to a bill
Congress is the law-making branch of the US federal government. Its primary function is to create and modify laws. 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 US Senate or House of Representatives, or it can be proposed during their election campaign. Bills can also be petitioned by citizens or 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 that will research, discuss, and make changes to the bill. Amendments must be relevant to the subject of the bill, and no riders are allowed. If substantial amendments are made, the committee can order the introduction of a "clean bill" that includes the proposed amendments. This new bill will have a new number, and 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 adopted. Committee members who oppose a bill may write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on a calendar. In the House, most bills go to the Rules Committee, which adopts rules that will govern the procedures under which the bill will be considered by the House. The Committee of the Whole debates and amends the bill but cannot technically pass it.
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 can approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the president chooses to veto a bill, Congress can vote to override the 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, known as a pocket veto, which cannot be overridden by Congress.
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A bill must pass both the House and Senate
Congress is the law-making branch of the US federal government. 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 US Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens.
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 presented to the House or the Senate. If a bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting.
In the House, debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. In the Senate, debate is unlimited unless cloture is invoked. Members can speak as long as they want, and amendments need not be germane—riders are often offered. After the bill is reported, the committee staff prepares a written report explaining why they favour the bill and why they wish to see their amendments, if any, adopted. The report is sent back to the chamber and is placed on the calendar.
If the House and Senate pass the same bill, it is sent to the President. If the House and Senate pass different bills, they are sent to a Conference Committee, usually made up of senior members from each house, to work out the differences. The conference report must be approved by both the House and the Senate.
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, 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, called a pocket veto, which cannot be overridden by Congress.
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The President can veto a bill
Congress is the lawmaking branch of the federal government. 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 people or citizen groups. Once introduced, a bill is assigned to a committee whose members will research, discuss, and make changes to the bill.
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.
There are two types of vetoes: the "regular veto" and the "pocket veto." A regular veto is a qualified negative veto. The President returns the unsigned legislation to the originating house of Congress within a 10-day period, usually with a memorandum of disapproval or a "veto message." Congress can override the President's decision if it musters the necessary two-thirds vote of each house.
A pocket veto occurs when Congress has adjourned and cannot be overridden by Congress. The President can also assert a pocket veto with a message setting forth their objections, so that it is clear that the legislation was vetoed and should not have automatically become law.
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Congress can override a presidential veto
Congress is the law-making branch of the US federal government. 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 US Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by citizens or citizen groups who recommend a new or amended law to a member of Congress. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. 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 can approve the bill and sign it into law. Or the president can refuse to approve a bill, which is called a veto. The president has 10 days (excluding Sundays) to act on the legislation, otherwise, it automatically becomes law. There are two types of vetoes: the "regular veto" and the "pocket veto." The president returns the unsigned legislation to the originating house of Congress within a 10-day period, usually with a memorandum of disapproval or a "veto message."
However, Congress can override a presidential veto if it musters the necessary two-thirds vote of each house. This is called a reconsideration. The first congressional override of a presidential veto occurred during the waning hours of the 28th Congress (1843-1845). The House joined the Senate to pass Congress's first presidential veto override of lame-duck President John Tyler's veto of an appropriation bill. Introduced by Senator Jabez Huntington of Connecticut in January 1845, the original bill prohibited the President from authorizing the building of Revenue Marine Service (Coast Guard) ships without approved appropriations from Congress. President Tyler vetoed the bill to protect existing contracts and to retain presidential prerogative. The Senate overturned Tyler's veto with only one dissenting vote, and the House voted 126-31 in favor of an override, nullifying Tyler's veto.
To date, US presidents have vetoed more than 2,500 bills, with Congress overriding the president less than five percent of the time.
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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, be proposed during their election campaign, or be petitioned by citizens. Once introduced, a bill is assigned to a committee, which researches, discusses, and makes changes to it. The bill is then voted on, and if it passes one body of Congress, it goes to the other body to go through a similar process. 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. If it passes, it is presented to the president, who can approve the bill and sign it into law or veto it. If the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law.
If the ruling is based on the Court's interpretation of the Constitution, then Congress cannot overrule it. However, if it is based on an interpretation of a statute, then Congress can amend the statute. Congress also has explicit authority to override the Supreme Court through a technique known as "jurisdiction stripping," which removes SCOTUS's authority to rule in certain areas.
Congress is the lawmaking branch of the federal government and has the authority to create and modify laws. Congress can also levy and collect taxes, duties, imposts, and excises, and it has authority over financial and budgetary policy.
