The Legislative Process: From Act To Law

The process of turning an idea into a law is a long and complex one. In the United States, the legislative branch of the government is responsible for creating and modifying laws. The process begins with the introduction of a bill, which is a proposal for a new law or a change to an existing one. Any member of the U.S. Senate or House of Representatives can introduce a bill, and the idea for a bill can come from a sitting member or be proposed by citizens or citizen groups. Once introduced, a bill is assigned to a committee, which will research, discuss, and make changes to it. The bill then goes through a process of voting and further amendments in both the Senate and the House of Representatives. If the bill passes in both chambers, it is presented to the President, who can choose to approve and sign it into law or veto it. If the President vetoes the bill, Congress can override the veto with a two-thirds majority vote, and the bill becomes a law.

Drafting and introducing the bill

Drafting and introducing a bill is the first step in the process of turning an idea into law. Any member of Congress can introduce a bill, but 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 member of Congress has an idea for a bill, they draft it. 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 drafted, it is introduced. In the House, this is done by handing the bill to the clerk of the House or placing it in the hopper, a special box on the side of the clerk's desk. 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 introduced bill is then assigned a number (e.g. HR 1 or S 1) and labelled with the sponsor's name. It is then sent to the Government Printing Office (GPO) where copies are made. Members can cosponsor the bill.

The next step is for the bill to be assigned to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. This decision is often made by the House or Senate parliamentarian. Bills may be referred to more than one committee and can be split so that parts are sent to different committees. The Speaker of the House may also set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it.

At the committee stage, comments about the bill's merit are requested by government agencies. The bill can also be assigned to a subcommittee by the committee chair, where further hearings may be held. Subcommittees then report their findings to the full committee. Finally, there is a vote by the full committee, and the bill is "ordered to be reported".

The committee will then hold a "mark-up" session, where revisions and additions are made. 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 favour 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.

In the House, most bills go to the Rules committee before reaching the floor. The Rules committee adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes. The Rules committee can be bypassed in three ways: 1) members can move rules to be suspended (requires a 2/3 vote), 2) a discharge petition can be filed, or 3) the House can use a Calendar Wednesday procedure.

The process for introducing and drafting a bill is slightly different in the Senate. In the Senate, members must gain recognition of 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. Senate bills can be jointly sponsored.

Committee review

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee will then vote on whether to send the bill back to the House floor.

The committee members are groups of Representatives who are experts on topics such as agriculture, education, or international relations. The committee may also refer the bill to a subcommittee for further examination and expert opinions before it is sent back to the committee for approval.

If the committee approves the bill, it is then sent back to the House floor, where it is debated and changes are recommended. Once all changes have been made, the bill is ready to be voted on.

The committee plays a crucial role in the legislative process, providing intensive consideration of the proposed bill and serving as a forum for public input.

Voting by the full chamber

In the US House of Representatives, there are three methods for voting on a bill:

• 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).

In the US Senate, Senators vote by voice. Those who support the bill say “yea,” and those who oppose it say “nay.”

Presidential approval

The President can choose to veto a bill, which means it is sent back to Congress with a note listing their reasons. Congress can then vote to override the veto, and if this happens in both the House and the Senate, the bill becomes a law.

If the President does not sign the bill within 10 days and Congress is still in session, the bill will become a law. However, if Congress is no longer in session, the bill will be vetoed by default, and this cannot be overridden. This is known as a pocket veto.

Overriding a veto

In the United States, the President has the power to veto acts of Congress to prevent the legislative branch from becoming too powerful. This is an illustration of the separation of powers integral to the U.S. Constitution. However, Congress can override the President's veto and pass a bill into law.

A bill is a proposal for a new law or a change to an existing law. It can be introduced by a sitting member of the U.S. Senate or House of Representatives, or be proposed during their election campaign. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to it. The bill is then put before that chamber to be voted on. If it 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 choose to approve the bill and sign it into law, or they can veto it. If the President chooses to veto a bill, Congress can vote to override that veto and the bill becomes a law. A two-thirds majority in both the House of Representatives and the Senate is required to override a veto.

It is important to note that 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. This action is called a pocket veto and it cannot be overridden by Congress.

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