The Bill-To-Law Journey: Understanding The Constitutional Process

The process of a bill becoming a law is known as the legislative process. In the United States, this process is outlined in Article I, Section 7 of the Constitution, which sets out certain rules for how Congress makes laws. The legislative process begins with the introduction of a bill, which can be proposed by a sitting member of the U.S. Senate or House of Representatives, or by citizens or citizen groups who petition their representative. The bill is then assigned to a committee, which researches, discusses, and makes changes to the bill. The bill is then put before the chamber to be voted on. If the bill passes in one body of Congress, it goes through the same process in the other body. Once both bodies vote to accept a bill, they must work out any differences between the two versions, and both chambers vote on the same version. If it passes, it is presented to the President, who can approve and sign the bill into law, or veto it. If the President chooses to veto, Congress can vote to override the veto, and the bill becomes a law.

The Bill Is Proposed

The first step in the legislative process is the proposal of a bill to Congress. Anyone can write a bill, but only members of Congress can propose legislation. These ideas for a bill may 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 citizen groups who recommend a new or amended law to a member of Congress that represents them. The primary Congress member supporting the bill is called the "sponsor". The other members who support the bill are called "co-sponsors".

Once a bill has a sponsor and the support of some of the Representatives, it is ready to be introduced. In the U.S. House of Representatives, a bill is introduced when it is placed in the hopper—a special box on the side of the clerk’s desk. Only Representatives can introduce bills in the U.S. House of Representatives. In the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day.

The Bill Is Introduced

The bill-making process begins with the introduction of a bill to Congress. Anyone can write a bill, but only members of Congress can introduce legislation. The first step is to find a sponsor, a primary Congress member who supports the bill. Other members who support the bill are called "co-sponsors". The Representative then talks with other Representatives about the bill to get their support. Once a bill has a sponsor and the support of some of the Representatives, it is ready to be introduced.

In the U.S. House of Representatives, a bill is introduced when it is placed in the hopper, a special box on the side of the clerk's desk. Only Representatives can introduce bills in the U.S. House of Representatives. When a bill is introduced, a bill clerk assigns it a number that begins with H.R. A reading clerk then reads the bill to all the Representatives, and the Speaker of the House sends the bill to one of the House standing committees.

In the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day. The bill is then assigned a number (e.g. S 1) and sent to the Government Printing Office (GPO) where copies are made. Senate bills can be jointly sponsored and members can co-sponsor the legislation.

The Bill Goes to Committee

Once a bill has been introduced, it is sent to a committee. Both the House and the Senate have various committees composed of groups of Congress members with expertise in different topics such as agriculture, health, education, or international affairs. When a bill is in the hands of the committee, it is carefully examined and its chances of passage by the entire Congress are determined. The committee may even choose to hold hearings to better understand the implications of the bill. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on the record. If the committee does not act on a bill, the bill is considered to be "dead".

Subcommittees are organized under committees and have further specialization on a certain topic. Often, committees refer bills to a subcommittee for study and their own hearings. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee. If the committee members would like more information before deciding if the bill should be sent to the House floor, the bill is sent to a subcommittee. While in the subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.

The committee will then hold a "mark-up" session during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while 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, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.

The Bill Is Voted On

Once a bill has been introduced, assigned to a committee, and reported to the floor, it is ready to be voted on. In the U.S. House of Representatives, there are three methods for voting on a bill: viva voce, division, and recorded. In a viva voce vote, the Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it to say "no." In a division vote, the Speaker of the House asks those Representatives who support the bill to stand up and be counted, and then those who oppose the bill to stand up and be counted. In a recorded vote, Representatives record their vote using the electronic voting system, and can vote yes, no, or present if they don't want to vote on the bill. If a majority of the Representatives say or select yes, the bill passes in the U.S. House of Representatives and is then certified by the Clerk of the House and delivered to the U.S. Senate.

When a bill reaches the U.S. Senate, it goes through many of the same steps it went through in the U.S. House of Representatives. The bill is discussed in a Senate committee and then reported to the Senate floor to be voted on. Senators vote by voice, saying "yea" if they support the bill and "nay" if they oppose it. If a majority of the Senators say "yea," the bill passes in the U.S. Senate and is ready to go to the President.

If the House and Senate pass different bills, they are sent to a Conference Committee, which is made up of members from each house, to work out the differences. The committee prepares a written conference report, which is submitted to each chamber. The conference report must be approved by both the House and the Senate.

The Bill Is Sent to the President

Once a bill has been approved by the House of Representatives and the Senate, it is sent to the President for review. The President then has three options:

Sign and pass the bill

If the President approves of the bill, they can sign it, and it becomes a law.

Refuse to sign, or veto, the bill

If the President does not approve of the bill, they can veto it, sending it back to the House of Representatives with their reasons for the veto. If the House of Representatives and the Senate still believe the bill should become a law, they can hold another vote on the bill. If two-thirds of the Representatives and Senators support the bill, the President's veto is overridden and the bill becomes a law.

Do nothing (pocket veto)

If the President does nothing and Congress is not in session, the bill does not become a law. If Congress is in session, the bill automatically becomes law after 10 days.

If a bill has passed in both the House of Representatives and the Senate and has been approved by the President, or if a presidential veto has been overridden, the bill becomes a law and is enforced by the government.

Frequently asked questions