The Legislative Process: How Laws Are Made

Legislation becomes law through a multi-step process that varies across jurisdictions. In the United States, a bill is first drafted by any member of Congress, then introduced in the House or Senate, where it is assigned to a committee for study. If the committee releases the bill, it is put on a calendar to be voted on, debated, or amended. The bill then moves to the other chamber, where the process is repeated. If the bill passes in both chambers, a conference committee works out any differences, and the bill is sent to the President for approval. If the President approves, the bill becomes law. In Australia, a bill is introduced in the house where the Minister sits and undergoes three readings, including debates and votes. If passed, the bill is sent to the Governor-General for assent as an Act, becoming law.

How a bill is drafted

The first step in the legislative process is the drafting of a bill. Any member of Congress, from either the Senate or the House of Representatives, can draft a bill. These ideas can come from the Congress members themselves, everyday citizens, or advocacy groups. The member of Congress who first supports the bill is called the "sponsor", and other supporting members are called "co-sponsors".

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

The bill is then assigned to a committee for study. Both the House and the Senate have committees composed of groups of Congress members with a particular interest in different topics, such as health or international affairs. When a bill is with the committee, it is carefully examined, and hearings may be held to better understand the implications of the bill and to put the views of experts, public officials, supporters, and opponents on the record.

If the committee releases the bill, it is put on a calendar to be voted on, debated, or amended. If the bill passes by a simple majority, it moves to the other chamber, where it follows the same route through committees and, finally, to the floor.

How a bill is introduced

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 an idea for a bill has been formulated, 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 introduced, a bill is assigned to a committee for study and research. Both the House and Senate have various committees composed of groups of Congress members with particular interests or expertise in different topics, such as health or international affairs. Committees may hold hearings to better understand the implications of the bill and gather input from experts, public officials, supporters, and opponents of the proposed legislation. If the committee does not act on a bill, it is considered "dead".

The next step is for the bill to be reviewed by a subcommittee. Subcommittees are specialised divisions organised under committees. They can make changes to the bill and must vote to refer it back to the full committee. Once hearings and subcommittee review are completed, the committee will meet to “mark up” the bill, making changes and amendments before recommending it to the "floor". If the committee votes against reporting legislation to the full chamber of Congress, the bill dies. If they vote in favour, it is reported to the floor, a procedure called "ordering a bill reported".

How a bill is assigned to a committee

The process of how a bill becomes a law begins with a representative sponsoring a bill. The bill is then assigned to a committee for study. The committee will carefully examine the bill and determine its chances of passage by the entire Congress.

The committee may be composed of groups of Congress members with a particular interest in the bill's topic, such as health or international affairs. Once assigned, the committee may refer the bill to a subcommittee for further study and hearings. The subcommittee can make changes to the bill and must vote to refer it back to the full committee.

After hearings and subcommittee review are completed, the committee will meet to "'mark up' the bill. They will make changes and amendments before recommending the bill to the "floor". If the committee votes in favor of the bill, it is reported to the floor, a procedure called "ordering a bill reported".

Once a bill is ordered to be reported, it is ready for consideration by the full House or Senate. This is the next step in the legislative process, where the bill will be debated, voted on, and, if passed, sent to the other chamber for further review.

How a bill is voted on

Once a bill has been drafted and introduced by a member of Congress, it must be put to a vote. In the US, the bill is first assigned to a committee for study. If the committee approves the bill, it is put on a calendar to be voted on, debated, or amended. The bill must pass by a simple majority (218 out of 435) to move on to the Senate. In the Senate, the bill is assigned to another committee, and if it is approved, it is debated and voted on. Again, a simple majority (51 out of 100) is required for the bill to pass.

In Australia, a bill is introduced in the house where the Minister sits, usually the House of Representatives for Commonwealth matters and the Legislative Assembly for State matters. The bill is then debated and voted on in three stages: the first reading, second reading, and third reading. The first reading introduces and makes the bill available. The second reading involves a debate in principle and a vote, where the bill can be disallowed. This is generally referred to as a "Failed Bill". The third reading is the final debate and vote.

After a bill has passed in both houses of the US Congress, a conference committee made of House and Senate members works to reconcile any differences between the two versions of the bill. The resulting bill returns to the House and Senate for final approval. This process is similar in Australia, where, if the bill is passed, it proceeds to the other house (usually the Senate for Commonwealth matters and the Legislative Council for State matters) and undergoes the same process as the lower house.

In both the US and Australia, the bill must then receive final approval to become law. In the US, the bill is sent to the President, who has ten days to sign or veto it. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law. In Australia, the bill is sent to the Governor-General for assent as an Act, also known as royal assent.

How a bill becomes a law

Laws begin as ideas. Any member of Congress can draft a bill, whether it's a representative or a senator. These ideas can come from the members of Congress themselves, or from everyday citizens and advocacy groups. The person who drafts the bill is called the "sponsor", and other members of Congress who support the bill are called "co-sponsors". Once the bill is drafted, it must be introduced. If a representative drafts the bill, it is introduced in the House; if a senator drafts it, it is introduced in the Senate.

After introduction, the bill is referred to a committee. Both the House and Senate have committees composed of groups of members of Congress with a particular interest in specific topics, such as health or international affairs. The committee carefully examines the bill and determines its chances of passage by Congress. The committee may hold hearings to better understand the bill's implications, allowing the views of experts, public officials, supporters, and opponents to be put on record.

If the committee releases the bill, it is put on a calendar to be voted on, debated, or amended. If the bill passes by a simple majority, it moves to the other chamber, where it follows the same route through committees and, finally, to the floor. This chamber may approve the bill, reject it, ignore it, or change it. If the bill is changed, Congress may form a conference committee to resolve or reconcile the differences between the House and Senate versions. If the conference committee is unable to reach an agreement, the bill dies.

Once both the House and Senate have approved a bill in identical form, it is sent to the President. If the President approves, the bill is signed and becomes law. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law. If the President opposes the bill, they may veto it. If Congress passes the bill by a two-thirds majority after a veto, the bill becomes a law.

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