Anaya Nolan
Making a law is a complex process that involves many steps and stakeholders. The journey of a bill from an idea to a law is a lengthy procedure that requires careful consideration and approval by both Houses of Congress. This process, which can include committee meetings, debates, changes, and votes, ensures that all sides are heard and is one of the foundations of the American democratic system. Once a bill is introduced in either the House of Representatives or the Senate, it is referred to a committee for examination and hearings. The bill then undergoes further review and debate before being voted on by the full chamber. If both the House and Senate approve the bill, it is sent to the President for final approval. The President can approve the bill, veto it, or take no action, each of which has distinct consequences. Understanding how laws are made is essential for citizens to appreciate the work of Congress and the democratic process.
| Characteristics | Values |
|---|---|
| Number of steps | 9 |
| Who can introduce a bill? | A legislator, representative, or senator |
| Where is a bill introduced? | The House of Representatives or the Senate |
| What happens after a bill is introduced? | It is referred to a committee |
| What happens if the committee does not act on the bill? | The bill is considered "dead" |
| What happens if the committee passes the bill? | They make a report and send it to be read in the House or Senate |
| What is the next step after the first reading? | The bill goes to the rules committee |
| What does the rules committee do? | Reviews the bill, decides whether to move it to the next step, schedules it for a second reading |
| What happens after the second reading? | Additional debate, members vote to approve any amendments |
| What happens if the House and Senate disagree on changes? | They can ask for a conference committee |
| What happens if the bill passes both the House and Senate? | It is sent to the Governor or President for approval |
| What can the Governor or President do? | Sign it into law, veto it, or take no action |
| What happens if there is a veto? | The House and Senate can vote to override the veto and pass the bill |
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What You'll Learn
Creating, debating, and voting on bills
Creating Bills
The process of creating a bill typically begins with a legislator introducing a bill in either the House of Representatives or the Senate. This idea for a bill can come from anyone, and members can file bills in the month before the session begins, which is known as "prefiling." On the first day of the session, these prefiled bills are officially introduced. The bill is then assigned a number and undergoes its first reading, which is typically done by title only in an open session of the chamber.
Committee Referral and Review
After the first reading, leaders in the House or Senate decide which committee to refer the bill to. This decision is usually based on the subject matter of the bill. For instance, bills impacting the state budget are referred to a fiscal committee for additional review. The committee then holds meetings to discuss and review the bill.
Committee Action and Reports
If the committee passes the bill, they will create a report and send it back to the House or Senate for further consideration. This report outlines the committee's decision and recommendations. The bill then moves to the rules committee, which decides which bills will be voted on by the entire House or Senate.
Debating and Voting
The rules committee schedules the bill for a second reading in the House or Senate, where it is open for debate. The specific procedures for debating and amending the bill can vary, but they typically involve strict time limits and rules regarding amendments. Both the House and Senate may have different approaches to debating and voting, with the Senate prioritizing deliberation before voting.
Conference Committee
If the House and Senate disagree on changes to a bill, they can request a conference committee. This committee consists of members from both houses who meet to discuss and attempt to reach an agreement. If they can agree on a solution, they create a report, and both houses must vote to approve this report for the bill to pass.
Approval and Vetoes
Once a bill passes both the House and Senate, it is sent to the Governor or President for final approval. They have the power to veto the bill, either in part or in full. If vetoed, the Legislature or Congress can vote to override the veto, and the bill can still become a law. However, if the bill remains unsigned when the legislative session ends, it results in a pocket veto, which cannot be overridden.
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Committees and subcommittees
Committees are subsidiary organisations established to consider legislation, conduct hearings and investigations, and carry out other assignments as instructed by the Senate. They are essential to the effective operation of legislative bodies. Committee membership enables members to develop specialised knowledge of the matters under their jurisdiction. Committees monitor ongoing government operations, identify issues suitable for legislative review, gather and evaluate information, and recommend courses of action to the Senate.
Committees consider bills and issues and oversee agencies, programs, and activities within their jurisdictions. One of the first actions taken by a committee is to seek input from the relevant departments and agencies about a bill. Committees also submit bills to the Government Accountability Office with a request for an official report on the necessity or desirability of enacting the bill into law. Committees have the authority to hold hearings on presidential nominations to executive and judicial positions within their jurisdiction.
A committee, except a committee of the whole, can appoint a subcommittee, which reports back to the committee and never to the assembly. Subcommittees are created to hold hearings, mark up legislation, and report measures to their full committees for further action. Subcommittees work within the guidelines established by their parent committee. Subcommittee membership rosters can be found in the Congressional Directory, available in print and online.
There are around 250 committees and subcommittees in Congress. Members of the House may serve on only two committees and four subcommittees, with certain exceptions. Members usually seek election to the committee that has jurisdiction over a field in which they are most qualified and interested. For example, the Committee on the Judiciary traditionally includes numerous lawyers.
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The role of the President
While the President does not make laws, they play a crucial role in the law-making process. A bill is a proposal for a new law or a change to an existing law. The President can make suggestions about things that should be new laws, but the idea for a bill typically comes from a sitting member of the U.S. Senate or House of Representatives. 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, which researches, discusses, and makes changes to it. The bill then goes to the rules committee, which chooses which bills the entire House or Senate should vote on. 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.
The President then considers the bill. They can approve the bill and sign it into law. Alternatively, the President can refuse to approve a bill, which is called a veto. If the President vetoes a bill, Congress can usually 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. This is called a pocket veto, and it cannot be overridden by Congress.
In summary, while the President does not initiate laws, they play a critical role in the law-making process by considering, approving, or vetoing bills. The President's approval is typically required for a bill to become a law, but Congress can override a presidential veto in most cases.
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The House of Representatives
A bill can be proposed by a sitting member of the House of Representatives or during their election campaign. It can also be petitioned by citizens or groups who recommend a new or amended law to their Congressional representative. Once 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 the bill passes in the House, it moves to the Senate, where it undergoes a similar process of committee review, research, discussion, and voting.
If the Senate makes changes to the bill, it returns to the House for concurrence or additional changes. This negotiation may occur on the House floor, with the House accepting or rejecting Senate amendments. A conference committee may be appointed, consisting of both House and Senate members, to resolve differences and report an identical measure back to both bodies for a vote. Once both bodies vote to accept a bill, it is considered "enrolled" and sent to the President to be signed into law, vetoed, or left unsigned. If the bill is vetoed, Congress may override the veto with a two-thirds vote in both the Senate and the House of Representatives.
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The Senate
The committee stage is a critical part of the process. The relevant Senate committee, often made up of Senators with expertise or interest in the area, will review the bill. They may hold hearings, inviting experts and stakeholders to provide testimony and help refine the bill. This stage can involve significant debate and amendment to the bill, ensuring it is fit for purpose. The committee will then vote on whether to report the bill to the full Senate, with or without amendments.
If the committee reports the bill to the Senate, it is placed on the calendar for consideration. The full Senate will debate the bill, and Senators can propose amendments during this stage. This often involves passionate and lengthy discussions, as Senators advocate for their constituents and beliefs. Once the debate concludes, the Senate votes on the bill, and if it receives a simple majority, it moves to the next stage.
In the case of a successful vote, the bill is sent to the House of Representatives for their consideration. The process in the House is similar, with committee review, debate, and a vote. If the House passes the bill, it is sent to the President for their signature. If the President signs the bill, it becomes law. However, if they veto it, the bill is sent back to Congress, and a two-thirds majority in both chambers is required to override the veto and enact the legislation.
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Frequently asked questions
A bill is introduced in the House of Representatives or the Senate, depending on whether a Representative or Senator is the sponsor.
The bill is referred to a committee, where it is carefully examined and hearings may be held to better understand its implications.
The bill goes through committee meetings, debates, changes, and votes. If the House and Senate disagree on changes, they can request a conference committee to reach an agreement.
Once a bill passes both the House and Senate, it is sent to the President, who can approve and sign it into law or veto it. If vetoed, Congress can vote to override the veto, and the bill becomes a law.
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