Understanding Law-Making: Effective Laws Explained

The legislative process is a complex one, and it varies from country to country. In the United States, for example, 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 citizen groups. Once a bill is introduced, it is assigned to a committee, which will research, discuss, and make 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 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 and can either approve it and sign it into law or refuse to approve it, which is called a veto. If the president chooses to veto a bill, 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.

Introduction and referral to committee

Any member of the House of Representatives may introduce a bill at any time while the House is in session by simply placing it in the "hopper" at the side of the Clerk's desk in the House Chamber. The sponsor's signature must appear on the bill. A public bill may have an unlimited number of co-sponsoring members. The bill is then assigned its legislative number by the Clerk and referred to the appropriate committee by the Speaker, with the assistance of the Parliamentarian. The bill is then printed in its introduced form.

This referral to committee is an important phase of the legislative process. It is during committee action that the most intense consideration is given to the proposed measures, and the people are given the opportunity to be heard. Each piece of legislation is referred to the committee that has jurisdiction over the area affected by the measure.

In the House, bills are referred by the Speaker, on the advice of the nonpartisan parliamentarian, to all committees that have jurisdiction over the provisions in the bill, as determined by the chamber's standing rules and past referral decisions. Most bills fall under the jurisdiction of one committee. If multiple committees are involved, each committee may only work on the portion of the bill under its jurisdiction. One of those committees will be designated the primary committee of jurisdiction and will likely take the lead on any action that may occur.

In the Senate, bills are typically referred to the committee in a similar process, though in almost all cases, the bill is referred only to the committee with jurisdiction over the issue that predominates in the bill. In a limited number of cases, a bill might not be referred to committee but instead be placed directly on the Senate Calendar of Business through a series of procedural steps on the floor.

Committee consideration

Once a bill has been introduced, it is assigned to a committee for study and review. The committee chair has the authority to set the agenda for the committee and identify the bills or issues that the committee will act on through hearings and/or markups. Committees receive many bill referrals and so the chair must decide which bills the committee will pursue.

The first formal committee action on a bill might be a hearing, which provides a forum for committee members and the public to hear about the strengths and weaknesses of a proposal from selected parties. These hearings are also a way to spotlight legislation to colleagues, the public, and the press. Invited witnesses provide oral remarks to the committee and also submit a longer written version of their feedback. After the oral statements, committee members take turns to ask questions of the witnesses. Hearings are not required from a procedural standpoint for a bill to receive further action, and committee members and staff also engage in additional informal assessment.

A markup is the key formal step a committee takes for a bill to advance. The committee chair chooses the proposal to be placed before the committee for markup: a referred bill or a new draft text. At this meeting, committee members consider possible changes to the proposal by offering and voting on amendments. A markup concludes when the committee agrees, by majority vote, to report the bill to the chamber. Committees rarely hold a markup unless the proposal in question is expected to receive majority support.

Most House and Senate committees also establish subcommittees where members can focus on specific elements of the policy area. The extent to which subcommittees play a role in policymaking varies by chamber and committee tradition and practice. However, subcommittees cannot report legislation to the chamber; only full committees may do so.

Forms of congressional action

The work of Congress is initiated by the introduction of a proposal in one of four forms: the bill, the joint resolution, the concurrent resolution, and the simple resolution.

Bills

The bill is the most customary form used in both Houses and is used for most legislation, whether permanent or temporary, general or special, public or private. There are two types of bills: public and private. A public bill affects the public in general, while a private bill affects a specified individual or a private entity.

Joint Resolutions

There is little practical difference between a bill and a joint resolution, and the two forms are sometimes used interchangeably. One difference in form is that a joint resolution may include a preamble preceding the resolving clause.

Concurrent Resolutions

A matter affecting the operations of both Houses is usually initiated by a concurrent resolution. In modern practice, and as determined by the Supreme Court, concurrent and simple resolutions are not usually legislative in character since they are not presented to the President for approval. Instead, they are used to express facts, principles, opinions, and purposes of the two Houses.

Simple Resolutions

A matter concerning the rules, the operation, or the opinion of either House alone is initiated by a simple resolution. Simple resolutions are considered only by the body in which they were introduced.

Congressional oversight by standing committees

In the United States, Congress is the lawmaking branch of the federal government. Congressional oversight is the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation. Congress exercises this power primarily through its congressional committee system.

Standing committees are authorized to conduct authorization, appropriations, investigative, and legislative hearings. They can also initiate impeachment proceedings, as seen in the case of President Bill Clinton in 1998. The House Government Reform Committee and the Senate Governmental Affairs Committee have oversight jurisdiction over almost the entire federal government and are tasked with reviewing and studying government activities to determine their efficiency and economy. They can make recommendations based on GAO reports, which play a crucial role in providing fiscal, budgetary, and program-related information.

The Legislative Reorganization Act of 1970 (P.L. 91-510) further strengthened the role of standing committees by authorizing them to "review and study, on a continuing basis, the application, administration, and execution" of laws within their jurisdiction. This Act also increased the professional staff of committees and expanded the assistance provided by the Congressional Research Service.

In addition to the general powers granted by these Acts, numerous statutes direct the executive branch to provide information to or consult with Congress. For example, the Government Performance and Results Act of 1993 (P.L. 103-62) mandates that agencies consult with Congress on their strategic plans and report annually on performance plans, goals, and results. Inspectors General (IGs) also play a crucial role in oversight by reporting their findings about waste, fraud, and abuse directly to Congress.

The process of lawmaking in Congress involves the introduction of a bill, which is a proposal for a new law or a change to an existing one. Once introduced, a bill is assigned to a committee, which will research, discuss, and make changes to it. The bill then proceeds through both chambers of Congress, where it undergoes further research, discussion, changes, and voting. If both chambers pass the bill, they work together to reconcile any differences between their versions before presenting the final bill to the president for approval or veto.

Obtaining consideration of measures

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 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 who recommend a new or amended law to a member of Congress that represents them.

For those who are not politicians, the first step in getting a law considered is to find an issue that you are passionate about. This could be a broad area of interest, such as animal welfare, with a specific focus on a problem that has an actionable solution. Once you have identified the issue, it is important to understand which part of the government is responsible for the law you want to change. This could be a local, state, or national government. For example, a local ordinance on tethering pets outdoors can be changed through your city or town council, while federal laws are changed through Congress.

The next step is to research the lawmakers. Your elected representatives are the best ones to introduce new laws or changes on your behalf. Research who represents you and where they stand on your issue to find the best person to work with to get the law considered. Once you have identified the relevant lawmakers, you can reach out to them and work with them to draft a bill. There are many bill-writing guides and templates available online to help with this process.

After the bill has been drafted, it is introduced to the legislature, where 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 through a similar process in the other body before both chambers vote on the same version of the bill. If it passes, they present it to the president, who can approve and sign it into law or veto it.

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