The Law-Making Process: How Laws Are Made

The process of turning a bill into a law is a complex one, and it varies slightly between the House of Representatives and the Senate. In general, however, a bill is first proposed by a member of Congress, then introduced, assigned to a committee for review, voted on, and sent to the President for approval.

In the 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. It is then assigned a number and read to all the Representatives before being sent to a standing committee. The committee reviews, researches, and revises the bill before voting on whether to send it back to the House floor. If the committee approves the bill, it is sent back to the House floor for debate and voting. If the bill passes in the House, it is sent to the Senate, where it goes through a similar process. If the bill passes in the Senate, it is sent to the President. The rest of the process is the same as in the House of Representatives.

In the Senate, a bill is introduced when it is presented to one of the clerks at the Presiding Officer's desk. It is then assigned a number and referred to the appropriate standing committee, which reviews, researches, and revises the bill. The bill is then reported to the Senate floor for debate and voting. If the bill passes in the Senate, it is sent to the House, where it goes through a similar process. If the bill passes in the House, it is sent to the President. The rest of the process is the same as in the House of Representatives.

Drafting a bill

Once a bill is drafted, it must be introduced. If a Representative is the sponsor, the bill is introduced in the House. If a Senator is the sponsor, the bill is introduced in the Senate. Once a bill is introduced, it can be found on Congress.gov, the official government website that tracks federal legislation.

Committee review

The committee review stage is a crucial part of the legislative process, where bills are carefully scrutinised and amended before being voted on by the full chamber. Committees play an essential role in shaping the final form of legislation and ensuring that it is well-considered and free from errors.

Once a bill is introduced, it is referred to a committee for review. Both the House and the Senate have various committees, each specialising in different topics such as health, agriculture, or international affairs. The relevant committee will then examine the bill in detail, assessing its potential impact and deciding whether to support its passage. Committees may also hold hearings to gather input from experts, advocates, and opponents of the bill, allowing for a more informed decision-making process. If a committee chooses not to act on a bill, it is considered dead and will not proceed further.

Subcommittees, which operate under committees and have further specialisation in specific topics, also play a vital role in the committee review process. They may be tasked with studying and holding hearings on a bill, making changes, and then referring it back to the full committee. The subcommittee review adds an extra layer of scrutiny and ensures that bills are thoroughly examined by subject-matter experts.

After the subcommittee and committee have completed their reviews, the committee will meet to make any final changes and amendments before recommending the bill to the full chamber. This process is known as "mark-up". If the committee votes against reporting the bill, it dies and will not proceed further. However, if the committee votes in favour, the bill is reported to the floor, and the majority party leadership decides when to place it on the calendar for consideration.

The committee review stage is a critical juncture in the legislative process, providing an opportunity for experts and stakeholders to provide input and for amendments to be made. It helps ensure that bills are thoroughly vetted and refined before being presented to the full chamber for a vote, increasing the likelihood of successful passage and effective legislation.

Voting

In the House of Representatives, there are three methods of voting on a bill: viva voce, where members say "aye" or "no"; division, where members stand up and are counted; and recorded, where representatives record their vote electronically. If a majority of representatives vote "yes", the bill passes in the House and is sent to the Senate.

In the Senate, Senators can vote by voice, where supporters say "yea" and opponents say "nay". If a majority of Senators vote in favour, the bill passes in the Senate and is sent to the President.

Presidential approval

The President has several options when a bill reaches their desk. If they agree with the bill, they can sign it into law. The bill is then printed in the Statutes at Large.

If the President disagrees with the bill, they can veto it and send it back to Congress. Congress can override the veto with a two-thirds majority vote in both the Senate and the House of Representatives, at which point the bill becomes law.

If the President takes no action on a bill within 10 days and Congress remains in session, the bill will automatically become law. However, if Congress adjourns before the 10-day period is up and the President takes no action, the bill dies. This is known as a pocket veto.

Publication

Once a bill has been passed by both houses of Congress, it is sent to the President for their signature. If the President agrees with the bill, they will sign it into law, and the bill is then printed in the Statutes at Large. If the President does not agree with the bill, they can veto it and send it back to Congress. Congress can override the veto with a two-thirds vote in both the Senate and the House of Representatives, at which point the bill becomes law and is printed.

The first official publication of the statute is in the form of a slip law. In this form, each law is published separately as an unbound pamphlet. The heading indicates the public or private law number, the date of approval, and the bill number. The heading of a slip law for a public law also indicates the United States Statutes at Large citation. If the statute has been passed over the veto of the President, or has become law without the President's signature because he did not return it with objections, an appropriate statement is inserted instead of the usual notation of approval.

The United States Statutes at Large, prepared by the Office of the Federal Register, National Archives and Records Administration, provide a permanent collection of the laws of each session of Congress in bound volumes. The latest volume containing the laws of the first session of the 110th Congress is number 119 in the series. Each volume contains a complete index and a table of contents. A legislative history appears at the end of each law. There are also marginal notes referring to laws in earlier volumes and to earlier and later matters in the same volume.

Under the provisions of a statute enacted in 1895, these volumes are legal evidence of the laws contained in them and will be accepted as proof of those laws in any court in the United States.

The Statutes at Large are a chronological arrangement of the laws exactly as they have been enacted. The laws are not arranged according to subject matter and do not reflect the present status of an earlier law that has been amended.

The United States Code contains a consolidation and codification of the general and permanent laws of the United States arranged according to subject matter under 50 title headings, largely in alphabetical order. It sets out the current status of the laws, as amended, without repeating all the language of the amendatory acts except where necessary. The Code is declared to be prima facie evidence of those laws. Its purpose is to present the laws in a concise and usable form without requiring recourse to the many volumes of the Statutes at Large containing the individual amendments.

Twenty-four of the 50 titles have been revised and enacted into positive law, and one title has been eliminated by consolidation with another title. Titles that have been revised and enacted into positive law are legal evidence of the law and may be updated by direct amendment. Eventually, all the titles will be revised and enacted into positive law.

Frequently asked questions