States' Power: Passing Federal Laws

The process of passing federal laws in the United States involves several steps. A bill, which is a proposal for a new law or a change to an existing law, can be introduced by a member of the U.S. Senate or House of Representatives, or through citizen petitions. The bill is then assigned to a committee, which researches, discusses, and amends it before presenting it back to the chamber for a vote. If the bill passes in one body of Congress, it moves to the other body for a similar process. Once both chambers approve a bill, they work to reconcile any differences. The approved bill is then presented to the president for approval, who can sign it into law or veto it. Congress can override a presidential veto by voting on the bill again. While federal laws apply to all U.S. citizens, states have some autonomy and can create their own laws, which can sometimes conflict with federal legislation, as seen in the legalization of marijuana in some states despite federal prohibition.

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State laws vs federal laws

Federal laws are decided by the Legislative Branch of the federal government (Congress) and apply to the entire nation. Congress may also pass legislation to enact new federal laws and amendments to the Constitution. The legislative branch consists of the Congress, which is made up of two houses: the House of Representatives and the Senate. Either of these houses can create a prospective law called a bill. Bills must be approved by a simple majority of both houses of Congress and then sent to the president for his signature. If the president signs the bill, it becomes a federal law. A federal law can be struck down by the Supreme Court if the court feels that the law is unconstitutional.

State laws are laws that are made by each of America's 50 states and are only applicable within the state in which they are passed. State laws are passed by state legislatures and then signed into law by the governors. Each state also has a state supreme court that can strike down laws that violate the state's constitution. The purpose of state law is to grant citizens within a state additional rights that are not explicitly granted by federal law, rather than to restrict rights granted by federal law. State courts have jurisdiction over matters like criminal law, real estate law, and welfare matters.

Some topic areas are governed by both state and federal law. This usually happens when Congress spends money to create programs for the general welfare. Typically, when federal funds are offered to a state to participate, some element of federal law is involved. When federal and state laws come into conflict, federal law is upheld. The Supremacy Clause in Article VI of the Constitution states that federal law cannot be impeded or restricted by any state law.

The US Constitution is the foundation of federal law, which is the supreme law of the land in the United States. The powers of the federal government are listed in the US Constitution at Article I, Section 8. Those powers include, but are not limited to, immigration, bankruptcy, the postal service, intellectual property (copyright, patent, and trademark), and the military.

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How a bill becomes a law

In the United States, 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 a bill is drafted, it must be introduced by a sponsor—the primary Congress member supporting the bill. If a Representative is the sponsor, the bill is introduced in the House, and if a Senator is the sponsor, the bill is introduced in the Senate.

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Both the House and Senate have various committees composed of groups of Congress members with particular interests or expertise in different topics. Committees may choose to hold hearings to better understand the implications of the bill and the views of experts, supporters, and opponents of the legislation. The subcommittee may also make changes to the bill and must vote to refer it back to the full committee. When the hearings and subcommittee review are completed, the committee will meet to make additional changes and amendments prior to recommending the bill to the "floor".

If a committee votes not to report legislation to the full chamber of Congress, the bill dies. If the committee votes in favor of the bill, it is reported to the floor. This procedure is called "ordering a bill reported". Once the bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' voting. When the House or Senate passes a bill, it is referred 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, ignore, or change 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. After both the House and Senate have approved a bill in identical form, the bill is sent 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, in most cases, 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, which is called a "pocket veto," and it cannot be overridden by Congress.

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Congress's role in lawmaking

Congress is the lawmaking branch of the federal government in the United States. It consists of the Senate and the House of Representatives. The Constitution grants Congress the sole authority to enact legislation and declare war, as well as the right to confirm or reject Presidential appointments.

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 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 that researches, discusses, and makes changes to it. There are 17 Senate committees with 70 subcommittees, and 23 House committees with 104 subcommittees. A bill is first considered in a subcommittee, where it may be accepted, amended, or rejected. If the members of the subcommittee agree to move a bill forward, it is reported to the full committee, where the process is repeated. Throughout this stage, committees and subcommittees call hearings to investigate the merits and flaws of the bill, inviting experts, advocates, and opponents to provide testimony.

After the bill has been considered by the committees, it is put before the 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. If the bill passes both houses, it is presented to the President for consideration. The President can approve the bill and sign it into law, or veto it. If the President vetoes the bill, Congress can override the veto by passing the bill again in each chamber with at least two-thirds of each body voting in favor.

In addition to its role in lawmaking, Congress also has the power to lay and collect taxes, duties, imposts, and excises; to borrow money on the credit of the United States; to regulate commerce with foreign nations, among the states, and with Indian tribes; to establish uniform rules of naturalization and bankruptcy laws; to coin money and regulate its value; and to provide for the punishment of counterfeiting.

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The role of the president

The President's role in passing federal laws is significant, although it is just one part of a complex process. 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 an election campaign, or 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 is then put before that chamber to be voted on. If it passes in one body of Congress, it goes through a similar process in the other body. Once both bodies have voted to accept a bill, they must work out any differences between the two versions.

At this point, the bill is presented to the President. The President 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, in most cases, 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 in what is called a "pocket veto". This action cannot be overridden by Congress.

The relationship between state and federal law is complex. While federal law applies to all U.S. citizens, state laws only apply to citizens within a particular state. The Supremacy Clause of the US Constitution, which includes the doctrine of "preemption", states that federal law supersedes state law in many but not all cases of conflict. However, the federal government's ability to enforce its laws over those of the states is limited. For example, in the case of marijuana legalization, the federal government has not compelled states to adopt its ban on the drug, allowing states to implement their own regulations.

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Marijuana laws

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. The idea for a bill can come from a sitting member of the U.S. 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.

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 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. The president can approve the bill and sign it into law or veto it. If the president vetoes a bill, Congress can usually vote to override the veto. However, if the president does not sign off on a bill and Congress is no longer in session, the bill will be pocket vetoed and cannot be overridden.

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