Gavin Howe
The process of making laws in the United States involves the Senate (the upper body) and the House of Representatives (the lower body). While the Democrats previously controlled the Senate, the Republicans currently hold a majority in both the Senate and the House of Representatives. This majority allows Republicans to control committee assignments and the legislative agenda, including discussions on policies and budgets. To make or change laws, a bill is introduced, assigned to a committee, researched, discussed, and voted on. If a bill passes one body of Congress, it goes through a similar process in the other body before both chambers vote on the same version of the bill. If passed, it is presented to the president for approval. While the Democrats are in the minority, they can still influence policies through coalition-building and bipartisan cooperation.
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What You'll Learn
Bills proposed by citizens or during election campaigns
In the United States, a bill is a proposal for a new law or a change to an existing law. The idea for a bill can be proposed by citizens or during election campaigns. 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 undergo a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must reconcile any differences between the two versions. Finally, both chambers vote on the same version of the bill, and if it passes, it is presented to the president. If the president chooses to veto the bill, Congress can vote to override the veto, and the bill becomes a law.
Citizens or citizen groups can propose bills, or pieces of legislation, by petitioning a member of Congress that represents them. These bills can be entirely new laws or amendments to existing laws. This process is one way that citizens can directly influence public policy and address issues that are important to them.
During election campaigns, candidates for political office may also propose bills or legislative agendas that they plan to pursue if elected. For example, during the 2020 election campaign, Joe Biden proposed an economic stimulus plan to combat the coronavirus pandemic and aid in recovery efforts. This proposal, which included $1,400 stimulus checks and extended unemployment benefits, was passed by Congress and signed into law by President Biden in 2021.
Another example of a bill proposed during an election campaign is the gun control legislation that was passed in 2022. Following a series of mass shootings, lawmakers came together to pass the first major gun control legislation in a generation. This legislation was a response to the rising gun violence in America and was a campaign promise of the Democratic Party.
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The committee process
The committee stage is a crucial step in the legislative process, where bills are scrutinized, discussed, and amended before being voted on by the full chamber. Committees are typically made up of members from the same chamber that receives the bill first, and they are assigned to relevant committees based on the subject matter of the bill. For example, a bill about healthcare policy would go to the Health Committee, while a bill about environmental protection might go to the Natural Resources Committee.
Once a bill is introduced and referred to a committee, the committee members will research, discuss, and make changes to the bill. This stage provides an opportunity for subject-matter experts to weigh in and for stakeholders to provide input. Committee members may hold hearings, invite experts to testify, and consider amendments to the bill. This process can take weeks, months, or even longer, depending on the complexity of the bill and the level of controversy it generates.
During this stage, lobbyists and advocates play an important role in trying to influence committee members' decisions and shape the final version of the bill. They may provide additional information, highlight potential impacts, and suggest amendments that align with their interests.
Committees can also play a role in blocking or delaying legislation. For example, if a bill is controversial or opposed by a powerful committee chair or a majority of committee members, it may never make it out of the committee for a full chamber vote. This dynamic is an important aspect of lawmaking, as it provides an opportunity for compromise and consensus-building but can also be used to stall or prevent legislation from advancing.
In the US Congress, the balance of power within committees can shift with changes in the overall chamber composition. For example, if Democrats gain control of a chamber, they can also take over committee leadership positions, which gives them more influence over the legislative agenda and the ability to shape bills before they reach the floor for a vote.
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Overcoming a filibuster
In the United States, a bill is a proposal for a new law or a change to an existing law. A bill can be introduced by a sitting member of the U.S. Senate or House of Representatives, or it can be proposed during their election campaign. Once a bill is introduced, it is assigned to a committee, which researches, discusses, and makes 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 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. If it passes, they present it to the president. If the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law.
The process of making laws in Congress involves the Senate and the House of Representatives, each with its own set of rules and procedures. While the House processes legislation through a majority vote, the Senate operates through deliberation and debate prior to voting. One notable procedural aspect of the Senate is the filibuster, which allows for prolonged debate with the potential to delay or prevent a vote on a bill, resolution, amendment, or other debatable questions.
To overcome a filibuster, the Senate can invoke a procedure known as "cloture" to end the debate and proceed to a vote. The cloture rule requires a supermajority of 60 votes out of the 100-member Senate to cut off debate and move toward a vote. This rule poses a significant challenge to passing legislation, as it allows a minority of senators to stall or block the passage of bills.
Historically, there have been efforts to reform or eliminate the filibuster. In 1917, the Senate established the cloture rule to provide a mechanism to end filibusters. In 1975, the threshold for invoking cloture was lowered from a two-thirds majority to three-fifths (60 votes) due to the filibuster's impact on civil rights legislation. While the filibuster has been criticised for hindering progress, others argue for its value in promoting deliberation and consensus-building.
Democrats, during their control of Congress and the White House, faced challenges in advancing their legislative agenda due to the filibuster. They explored options such as setting precedents, changing rules, or placing restrictions on its use. However, the dynamics within the Senate made it a difficult task.
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Bipartisan cooperation
In the US, laws are made by Congress, which comprises the House of Representatives (lower body) and the Senate (upper body). While the House is controlled by Republicans, the Senate is currently held by Democrats, albeit by a slim margin. This means that coalition-building and bipartisan cooperation are critical for passing legislation.
The process of making laws begins with a bill, which is a proposal for a new law or a change to an existing one. A bill can be introduced by a sitting member of the Senate or House of Representatives, or it can be proposed during an election campaign. Bills can also be petitioned by citizens or groups who recommend new or amended laws to their Congressional representative. Once introduced, a bill is assigned to a committee that researches, discusses, and makes changes to it. The bill then goes before the chamber for a vote. If it passes one body of Congress, it undergoes a similar process in the other body. If both bodies approve a bill, they must reconcile any differences between their two versions before voting on the final bill. If it passes this stage, it is presented to the president.
In recent years, there have been several instances of bipartisan cooperation in passing legislation. For example, in 2021, lawmakers approved nearly $1 trillion in infrastructure spending on a bipartisan basis. Additionally, following a series of mass shootings, lawmakers came together to pass the first major gun-control legislation in a generation.
However, partisan politics often plays a significant role in the legislative process. The filibuster, a tactic used to delay or block legislation, can make it challenging to pass laws with a simple majority. While some Democrats have advocated for ending the filibuster, it remains a divisive issue.
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Presidential approval
The process of making laws in the United States involves the participation of both Congress and the President. While Congress initiates the legislative process, the President has the power to approve or veto bills passed by Congress. This interplay between Congress and the President is a crucial aspect of lawmaking in the US system of checks and balances.
A bill is a proposal for a new law or a change to an existing law. It can be introduced by a member of the Senate or the House of Representatives, or it can be proposed during an election campaign. Once a bill is introduced, it goes through a process of committee review, research, discussion, and potential amendments in both the Senate and the House. If a bill passes one body of Congress, it moves to the other body for a similar process.
After a bill has been approved by both houses of Congress, it is presented to the President for approval. The President has the option to approve the bill and sign it into law or to veto it. If the President chooses to veto a bill, Congress can attempt to override the veto by voting again on the bill. If two-thirds of both houses of Congress agree to pass the bill after reconsideration, it will become a law despite the President's veto.
The President's role in the lawmaking process is significant. It provides a check on the power of Congress and allows the President to shape the direction of legislation. However, Congress's ability to override a presidential veto demonstrates the balance of powers between the two branches of government.
In recent years, Democrats in Congress have used their majority to advance various legislative priorities. For example, during the 117th Congress, Democrats passed a $1.9 trillion economic stimulus plan to address the coronavirus pandemic and provide relief to Americans. They also confirmed a record number of judicial appointments, including a significant number of women and people of colour. Additionally, Democrats in Congress have worked on issues such as same-sex marriage protections, veterans' aid, and gun control legislation.
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Frequently asked questions
Any sitting member of the U.S. Senate or House of Representatives can propose a bill, which is a proposal for a new law or a change to an existing law. Bills can also be petitioned by citizens or 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. 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. If the president chooses to veto the bill, Congress can vote to override that veto, and the bill becomes a law.
