Vetoed Bills: The Path To Becoming Law

how does a vetoed bill become law

The process of a bill becoming a law is a long and complex one, and it is even more challenging when a bill is initially vetoed. A vetoed bill can still become a law if two-thirds of the U.S. House of Representatives and the U.S. Senate support it, overriding the President's veto. This showcases the importance of the legislative branch's role in the law-making process and how it acts as a safeguard to the minority's interests. The process of a vetoed bill becoming a law highlights the intricate checks and balances of the U.S. political system, where the President's power is not absolute, and the will of the people, through their representatives, can ultimately prevail.

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The bill is proposed

The process of a bill becoming a law begins with an idea. These ideas can come from a Representative or a citizen. Citizens who have ideas for laws can contact their Representatives to discuss their ideas. If the Representatives agree, they research the ideas and write them into bills.

When a Representative has written a bill, the bill needs a sponsor. The Representative talks with other Representatives about the bill in the hopes of getting their support. Once a bill has a sponsor and the support of some of the Representatives, it is ready to be introduced.

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 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.

Committees are groups of Representatives who are experts on specific topics such as agriculture, education, or international relations. They review, research, and revise the bill before voting on whether or not to send it back to the House floor. If the committee members would like more information before deciding, 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.

Once the committee has approved a bill, it is sent or reported to the House floor, where it is ready to be debated by the House of Representatives. Representatives discuss the bill and explain why they agree or disagree with it. Then, a reading clerk reads the bill section by section, and the Representatives recommend changes. When all changes have been made, the bill is ready to be voted on.

There are three methods for voting on a bill in the House of Representatives:

  • Viva Voce (voice vote): The Speaker of the House asks the Representatives who support the bill to say "aye" and those who oppose it to say "no."
  • Division: The Speaker asks those who support the bill to stand up and be counted, and then those who oppose it to stand up and be counted.
  • Recorded: Representatives record their vote using the electronic voting system. They can vote yes, no, or present if they don't want to vote on the bill.

If a majority of the Representatives vote yes, the bill passes in the House of Representatives. The bill is then certified by the Clerk of the House and delivered to the Senate.

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The bill is introduced

After the bill is introduced, a reading clerk reads the bill to all the Representatives, and the Speaker of the House sends the bill to one of the House standing committees. The House has 22 standing committees, each with jurisdiction over bills in certain areas. Most bills fall under the jurisdiction of one committee, but 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 submitted to clerks on the Senate floor and are typically referred to a committee in a similar process to the House. However, in almost all cases, the bill is referred to only 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 a committee but instead be placed directly on the Senate Calendar of Business through a series of procedural steps on the floor.

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The bill goes to committee

Once a bill is introduced, it is sent to a committee. The committee is assigned by the Speaker of the House or the presiding officer in the Senate. The House has 22 standing committees, each with jurisdiction over bills in certain areas. The Speaker of the House may also set time limits on committees.

The committee members review, research, and revise the bill. They hear testimony from experts and people interested in the bill. The committee may then take three actions. It might:

  • Release the bill with a recommendation to pass it
  • Revise the bill and release it
  • Lay it aside so that the House cannot vote on it

Releasing the bill is called reporting it out. Laying it aside is called tabling.

If the committee requires more information, the bill is sent to a subcommittee. The subcommittee closely examines the bill and gathers expert opinions before sending it back to the committee for approval.

After the committee has approved a bill, it is sent—or reported—to the House floor. A written report is prepared by the committee staff, 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.

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The bill is reported

Once a bill has been reviewed, researched, and revised by a committee, it is sent to the House floor to be reported and debated. This is when a reading clerk reads the bill section by section, and Representatives discuss and explain why they agree or disagree with it. Representatives can then recommend changes to the bill. Once all changes have been made, the bill is ready to be voted on.

There are three methods for voting on a bill in the U.S. House of Representatives: viva voce, division, and recorded. In viva voce, the Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it to say "no". In division, the Speaker asks those who support the bill to stand up and be counted, and then does the same for those who oppose it. In recorded, 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 Representatives vote yes, the bill passes in the House and is certified by the Clerk of the House before being delivered to the U.S. Senate.

Once a bill has been reported and voted on, it is referred to the Senate. Here, it goes through many of the same steps as in the House. 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 Senators vote "yea", the bill passes in the Senate and is ready to go to the President.

The next phase is enrollment, for presentation to the President. The bill is signed by the Speaker of the House, then the Vice President, and then presented to the President. The President has three choices: they can sign and pass the bill, refuse to sign or veto the bill, or do nothing (pocket veto). If the President chooses to veto the bill, it can still become a law if two-thirds of the Senate and two-thirds of the House then vote in favor of the bill.

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The bill is voted on

Viva Voce (voice vote)

The Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it say "no."

Division

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.

Recorded

Representatives record their vote using the electronic voting system. Representatives can vote yes, no, or present (if they don't want to vote on the bill).

If a majority of the Representatives vote yes, the bill passes in the House of Representatives and is then sent to the Senate.

The bill is then voted on in the Senate. Senators vote by voice. Those who support the bill say "yea," and those who oppose it say "nay." If a majority of the Senators vote "yea," the bill passes in the Senate and is ready to go to the President.

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Frequently asked questions

When a bill is vetoed by the President, it is sent back to the U.S. House of Representatives, along with the President's reasons for the veto. The bill can still become a law if two-thirds of the Representatives and Senators support the bill, overriding the President's veto.

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

A vetoed bill can become law if two-thirds of the Representatives and Senators support the bill, overriding the President's veto.

Yes, if the President does nothing (pocket veto) and Congress is in session, the bill automatically becomes law after 10 days.

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