The Journey Of An Idea To National Law

The process of turning an idea into national legislation is known as the legislative process. In the United States, the legislative process begins with a legislator or legislators deciding to sponsor a bill. Ideas for bills can come from many sources, including constituents, interest groups, and government agencies. The legislator then requests that the idea be drafted into a bill by the Legislative Services Agency, Legal Services Division. The bill is then filed and sent to the Senate or the House, where it is assigned a number and sent to the President of the Senate or the Speaker of the House. The President of the Senate or the Speaker of the House then refers the bill to a standing committee, which studies the bill and reports its conclusions to the full committee.

The committee may pass the bill, pass an amended version, or send the bill to the floor without a recommendation. The bill is then placed on the calendar, a listing of all bills officially eligible for debate, and legislators may file amendments. The bill and any amendments are then debated by the whole chamber, and amendments must be approved by a simple majority of those voting. A constitutional majority (at least 26 senators or 51 representatives) must then vote yes for the bill to proceed to the second chamber.

The bill then goes through the same process in the second chamber. If the bill passes without amendment, it is sent to the Governor. If it is amended, it must be sent back to the chamber of origin for approval of those amendments. If the two chambers cannot agree on the version of the bill, a conference committee is appointed. Once the bill has passed both chambers in identical form, it is sent to the Governor, who may sign the bill, veto it, or take no action. The bill becomes law upon the Governor's signature or after three days during the session if the Governor takes no action. Bills received in the last three days of the session must be signed or vetoed within 30 days, otherwise, they are considered vetoed.

Idea to Bill

The process of an idea becoming a bill involves several steps and can be initiated by several parties. Ideas for bills can come from sitting members of the U.S. Senate or House of Representatives, be proposed during their election campaigns, or be petitioned by people or citizen groups. Once an idea for a bill has been established, a legislator or legislators decide to sponsor it and request that it be drafted into a bill by the Legislative Services Agency, Legal Services Division. The bill is then filed and sent to the Senate or the House, where it is assigned a number and sent to the President of the Senate or the Speaker of the House.

Committee Assignment

The next step is committee assignment, where the President of the Senate or the Speaker of the House refers the bill to a standing committee. A subcommittee, assigned by the standing committee, then studies the bill and reports its conclusions to the full committee. The committee may then pass the bill, pass an amended version of it, or send the bill to the floor without recommendation.

Committee Action

The bill is then placed on the calendar, a listing of all bills officially eligible for debate. At this stage, legislators may file amendments to the bill. The bill and any amendments are then debated by the whole chamber, and amendments must be approved by a simple majority of those legislators voting.

Vote

A constitutional majority (at least 26 senators or 51 representatives) must then vote "yes" for the bill to proceed to the second chamber, where it goes through the same process. If the bill passes the second chamber without amendment, it is sent to the Governor. If the second chamber amends the bill, it must be sent back to the chamber of origin for approval of those amendments. If the chambers cannot agree on the version of the bill, a conference committee is appointed.

Second Chamber

After the bill passes both chambers in identical form, it is sent to the Governor, who may sign the bill, veto it, or take no action. The bill becomes law upon the Governor's signature or after three days during the session if the Governor takes no action. Bills received by the Governor during the last three days of the session must be signed or vetoed within 30 days; if the Governor takes no action on the bill after this 30-day period, the bill is considered vetoed.

Legislative Process

The legislative process is the procedure through which an idea becomes a law. In the United States, the legislative process is a federal law-making process that involves multiple steps, from the source of a legislative proposal to its publication as a statute.

Sources of Legislation

The sources of ideas for legislation are unlimited, and proposed drafts of bills can originate from diverse quarters. The primary source of legislation is the idea and draft conceived by a member of the U.S. Senate or House of Representatives, which may emanate from their election campaign. Members of Congress can also become aware of the need for legislation after taking office.

Additionally, members' constituents, either as individuals or through citizen groups, can transmit their legislative proposals to members of Congress. State legislatures can also "memorialize" Congress to enact specified federal laws by passing resolutions.

Any member of the House of Representatives may introduce a bill at any time while the House is in session. The member introducing the bill is known as the primary sponsor, and an unlimited number of members can cosponsor a bill. The bill is then referred to the appropriate committee, whose members will research, discuss, and make changes to the bill.

Consideration by Committee

One of the first actions taken by a committee is to seek input from relevant departments and agencies about a bill. The bill is also often submitted to the Government Accountability Office for an official report on the necessity or desirability of enacting the bill into law. The committee will then hold hearings on the bill, during which witnesses testify either voluntarily or by subpoena. After the hearings are completed, the committee will usually consider the bill in a "markup" session, where the views of both sides are studied in detail before a vote is taken.

Final Committee Action

At full committee meetings, reports on bills may be made by subcommittees. Bills are read for amendment by the committee, and committee amendments are subject to acceptance or rejection by the House. A vote of committee members is then taken to determine whether the full committee will report the bill favorably, adversely, or without recommendation to the House.

Obtaining Consideration of Measures

Certain measures are more important and urgent than others, and a system is in place to allow their consideration ahead of less urgent bills. The House of Representatives occasionally employs the practice of allowing reported or unreported measures to be considered by unanimous agreement of all members. Alternatively, a special resolution or "rule" can be obtained from the Committee on Rules to avoid delays and allow selectivity in the consideration of public measures.

Consideration and Debate

Consideration of measures may involve several stages, including committee consideration, House consideration, and Senate consideration.

#### Committee of the Whole

To expedite the consideration of bills, the House of Representatives can resolve into the Committee of the Whole, which enables the House to act with a quorum of less than a majority of the entire House. A quorum in the Committee of the Whole is 100 members.

#### Amendments and the Germaneness Rule

The House of Representatives prohibits amendments of a subject matter different from the text under consideration. This rule, known as the germaneness rule, is important to keep the focus of the House on a predictable subject matter.

#### Congressional Earmarks

A House rule provides that it is not in order to consider bills that do not include a list of congressional earmarks, limited tax benefits, and limited tariff benefits, or a statement that the bill contains none of these items.

#### The Committee "Rises"

At the conclusion of the consideration of a bill for amendment, the Committee of the Whole "rises" and reports the bill to the House, along with any amendments that have been adopted.

#### Quorum Calls and Roll Calls

Article I, Section 5 of the U.S. Constitution provides that a majority of each House constitutes a quorum to do business. The rules of the House provide alternative procedures for quorum calls, including an electronic system or a roll call.

#### Voting Methods

There are three methods of voting in the Committee of the Whole: the voice vote, the division, and the recorded vote. The recorded vote is used when requested by at least one-fifth of the members present, or 25 members in the Committee of the Whole.

Legislative Action in the Senate

After a bill has been passed by the House of Representatives, it is sent to the Senate for consideration. The Senate gives the bill the same detailed consideration as the House and may report it with or without amendments.

Final Action on Amended Bill

If the Senate passes a bill that originated in the House, it is sent back to the House for action on any Senate amendments. The House may agree to the amendments, or it may request a conference to resolve any disagreements. If the House passes an amended version of the Senate bill, the bill is returned to the Senate for action on the House amendments.

Presidential Action

Once a bill has been approved in identical form by both Houses of Congress, it is presented to the President for approval. The President can approve the bill by signing it, or it can become law without the President's signature if the President does not return it with objections within 10 days (excluding Sundays) after it has been presented.

If the President does not approve the bill, he or she must return it to the House in which it originated, along with any objections. The House can then vote to pass the bill over the President's veto if two-thirds of the members present vote in the affirmative.

The legislative process in the United States involves multiple steps and can be complex, but it is a crucial aspect of the country's democratic system, allowing for the consideration and approval of legislation by both Houses of Congress and the President.

Governor Approval

The process of an idea becoming a law is a lengthy one, and the role of the Governor is critical in this process. Once a bill has been introduced, it goes through a series of steps before reaching the Governor's desk. These steps include being assigned to a committee, undergoing committee action, being placed on the calendar, and going through a vote. If the bill passes the vote, it then moves to the second chamber, where it undergoes a similar process. It is only after the bill has passed both chambers in identical form that it is sent to the Governor for approval.

The Governor plays a crucial role in this final stage of the legislative process. The Governor has the power to approve or disapprove a bill, and their decision has a significant impact on whether the bill becomes a law. The Governor may choose to sign the bill, veto it, or take no action. If the Governor signs the bill, it becomes law. On the other hand, if the Governor vetoes the bill, it is sent back to the legislature for further consideration. In some cases, if the Governor takes no action on the bill within a specified time frame, it may be considered vetoed.

It is important to note that the process may vary slightly depending on the state and the specific legislative procedures in place. Additionally, there may be exceptions or special circumstances that influence the Governor's role in the law-making process.

Amendments

The process of an idea becoming a law, also known as the legislative process, is a complex and lengthy procedure. In the United States, the legislative process is divided into multiple stages, each with its own set of rules and requirements. One of the critical steps in this process is the consideration and amendment of bills by congressional committees. Amendments play a pivotal role in shaping the final version of a bill and can be proposed at various stages of the legislative process.

During the committee stage, after a bill is introduced and referred to the appropriate committee, the committee members will thoroughly examine the bill and propose amendments. This stage involves holding hearings, receiving input from relevant departments and agencies, and conducting mark-up sessions to make changes to the bill. The committee will then vote on whether to report the bill favourably to the full chamber, with or without amendments.

Once a bill passes the committee stage, it moves to the chamber floor, where it is debated and amended further. At this stage, any member of the chamber can propose amendments, which are then debated and voted on. Amendments can be proposed to change specific sections of the bill, add new provisions, or strike out certain parts. The chamber will vote on each amendment, and the bill will be amended accordingly.

After the chamber approves the bill, it is sent to the other chamber, where the process is repeated. If the second chamber proposes amendments, the bill goes back to the first chamber for approval. This back-and-forth process continues until both chambers agree on an identical version of the bill.

Throughout the legislative process, amendments are a crucial tool for refining and improving bills. They allow legislators to address concerns, incorporate new ideas, and find compromises. Amendments can be proposed by members of Congress, citizen groups, or other interested parties. They are an essential mechanism for ensuring that the final law reflects the needs and interests of those it will affect.

Law

How does an idea become national legislation (i.e., law)?

The process of an idea becoming a law is known as the legislative process, and it is a crucial aspect of a representative system of government. In the United States, the legislative process is a complex and lengthy procedure that involves multiple stages and the participation of various actors. Here is a detailed overview of how an idea becomes a law in the United States:

Idea Generation:

The process begins with the conception of an idea for a new law or a change to an existing one. Ideas can originate from multiple sources, including sitting members of the U.S. Senate or House of Representatives, election campaigns, constituents, interest groups, and government agencies.

Bill Drafting:

Once an idea is generated, it is presented to the legislature, where a legislator or a group of legislators decide to sponsor a bill. The legislator(s) then request that the idea be drafted into a bill by the Legislative Services Agency, Legal Services Division. This stage involves transforming the idea into a formal legislative proposal.

Bill Filing:

The bill draft is then sent to either the Senate or the House, where it is assigned a number and forwarded to the President of the Senate or the Speaker of the House. This step marks the official introduction of the bill into the legislative process.

Committee Assignment:

The President of the Senate or the Speaker of the House refers the bill to a standing committee. The committee studies the bill and may make amendments. The committee may pass the bill, pass an amended version, or send it to the floor without recommendation.

Committee Action:

The bill is placed on a calendar of all bills eligible for debate. Legislators can propose amendments to the bill during this stage. Amendments must be approved by a simple majority of voting legislators.

Floor Vote:

The bill, along with any amendments, is debated and voted on by the full chamber. A constitutional majority (e.g., 26 senators or 51 representatives) is required for the bill to proceed to the second chamber.

Second Chamber Consideration:

The bill then goes through a similar process in the other chamber (Senate or House). If the bill passes without amendment, it is sent directly to the Governor. If amendments are made, the bill is sent back to the chamber of origin for approval of those changes. If the chambers cannot agree on the bill's version, a conference committee is appointed.

Governor's Review:

After the bill passes both chambers in identical form, it is sent to the Governor for review. The Governor has several options: signing the bill into law, vetoing the bill, or taking no action on the bill. If the Governor signs the bill, it becomes law.

Override of Veto:

If the Governor vetoes the bill, Congress can override the veto and pass the bill into law. This typically requires a two-thirds majority vote in both chambers. If the Governor takes no action on the bill for a certain period, it may become law or be considered vetoed, depending on the timing.

Publication and Enforcement:

Once a bill becomes law, it is published and disseminated to the public. Law enforcement agencies and courts are responsible for enforcing the new law, ensuring compliance, and resolving any disputes or violations.

It is important to note that the legislative process can vary slightly between different states and at the federal level. Additionally, each state has its own constitution and laws, which may impact the process of an idea becoming a law.

Frequently asked questions