The Policy-To-Law Process: Understanding Legislation

Policy change happens in several ways and at all levels of government. In the United States, the legislative branch of the federal government is responsible for making laws. This process typically begins with the introduction of a bill, which is a proposal for a new law or a change to an existing law. A bill can be introduced by a sitting member of the U.S. Senate or House of Representatives, or it can be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to their representative. Once introduced, a bill is assigned to a committee that will research, discuss, and make changes to it. The bill then goes through a process of voting and approval in both chambers of Congress before being presented to the President for approval or veto. This legislative process is a critical foundation of the American democratic system, allowing for open discussion and consideration of proposed laws.

The role of the executive government in turning policy into law

The executive government plays a crucial role in turning policy into law. This process can be observed in the Australian parliamentary system, where the executive government decides on a policy before drafting and introducing bills to Parliament.

Once the executive government has made its policy decision, it proceeds to draft a bill, which is a proposal for a new law or a change to an existing law. The bill is then introduced to Parliament, where it undergoes a rigorous process of consideration. This process typically involves research, discussion, and potential amendments by committees within Parliament.

If the bill successfully passes through Parliament, it moves on to the next stage of approval by the Governor-General. This stage is crucial as it signifies the transformation of the bill into an Act of Parliament, thereby becoming law. The law is then administered by the relevant government departments, ensuring its implementation and enforcement.

In some political systems, such as the United States, the executive branch is responsible for enforcing the laws created by Congress. The President, as the head of the executive branch, has the power to either sign legislation into law or veto bills enacted by Congress. However, it's important to note that Congress can override a presidential veto with a two-thirds vote in both houses.

The executive branch also includes the Cabinet, which is composed of heads of various federal agencies. These agencies play a crucial role in the day-to-day enforcement and administration of federal laws, ensuring that the policies enacted by the executive government are implemented effectively.

In summary, the executive government is responsible for initiating the process of turning policy into law by drafting and introducing bills. The subsequent stages involve deliberation and approval by Parliament and, in some cases, the Governor-General or the President. The executive branch then enforces these laws through its various agencies, ensuring that the policies are implemented as intended.

How a bill becomes a law

Step 1: The bill is drafted

Any member of Congress, either from the Senate or the House of Representatives, can draft a bill if they have an idea for a law. These ideas can come from Congress members themselves or everyday citizens and advocacy groups. The primary Congress member supporting the bill is called the "sponsor", and other members who support it are called "co-sponsors". Once a bill is drafted, it must be introduced. If a Representative is the sponsor, the bill is introduced in the House; if a Senator is the sponsor, it is introduced in the Senate.

Step 2: The bill is introduced

In the House of Representatives, 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. 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.

Step 3: The bill goes to committee

Once introduced, a bill is referred to a committee. Both the House and the Senate have various committees composed of groups of Congress members interested in different topics, such as health or international affairs. When a bill is with the committee, it is carefully examined, and its chances of passage by the entire Congress are determined. The committee may even choose to hold hearings to better understand the bill's implications. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on record. If the committee does not act on a bill, it is considered "dead".

Step 4: Subcommittee review of the bill

Subcommittees are organised under committees and have further specialisation on a certain topic. Committees often refer bills to a subcommittee for study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the full committee.

Step 5: Committee markup of the bill

When the hearings and subcommittee review are completed, the committee will meet to "mark up" the bill. They make changes and amendments before recommending the bill to the "floor". If a committee votes against reporting legislation to the full chamber of Congress, the bill dies. If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

Step 6: Voting by the full chamber on the bill

Once the bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' votes.

Step 7: Referral of the bill to the other chamber

When the House or Senate passes a bill, it is referred to the other chamber, where it usually follows the same route through committees and, finally, to the floor. This chamber may approve the bill as received, reject, ignore, or change it. Congress may form a conference committee to resolve or reconcile the differences between the House and Senate versions of a bill. If the conference committee cannot reach an agreement, the bill dies. If an agreement is reached, the committee members prepare a conference report with recommendations for the final bill. Both the House and Senate must vote to approve the conference report.

Step 8: The bill goes to the president

After both the House and Senate have approved a bill in identical form, the bill is sent to the President. The President then considers the bill and has several options. The President can:

• Sign and pass the bill, which becomes a law
• Refuse to sign or veto the bill, sending it back to the House of Representatives, along with their reasons for the veto. If the House and Senate still believe the bill should become law, they can hold another vote on it. If two-thirds of the Representatives and Senators support the bill, the President's veto is overridden, and it becomes a law.
• Do nothing (pocket veto). If Congress is in session, the bill automatically becomes law after 10 days. If Congress is not in session, the bill does not become law.

The process of making important organisational decisions

Idea Generation:

The decision-making process typically begins with the generation of ideas for new policies or changes to existing ones. Ideas can come from various sources, including elected officials, such as members of Congress, state legislators, or school board officials. These individuals may propose new policies during their election campaigns or after taking office. Additionally, ideas can be proposed by citizens or interest groups through petitions or advocacy efforts.

Bill Introduction:

Once an idea is formed, it is introduced as a bill, which is a proposal for a new law or a change to an existing one. Bills are typically assigned to committees for further research, discussion, and potential amendments.

Committee Review:

The assigned committee will thoroughly review the bill, discuss its implications, and make necessary changes. This phase involves intensive consideration of the proposed measure and provides an opportunity for public input. Committees may seek input from relevant departments, agencies, and experts to inform their decision-making process.

Voting and Approval:

After the committee review, the bill is put before the legislative body for a vote. In the case of Congress, the bill must pass both the House of Representatives and the Senate. If the bill passes one body, it moves to the other for a similar process of research, discussion, and voting. Any differences between the two versions of the bill must be reconciled before moving forward.

Executive Approval:

Once the bill is passed by both houses of Congress, it is presented to the President for approval. The President has the power to approve and sign the bill into law or to veto it. If the President vetoes the bill, Congress can override the veto with a two-thirds majority vote in both houses, and the bill becomes a law.

Implementation and Enforcement:

Once a bill becomes a law, the relevant government agencies are responsible for developing regulations and guidelines to implement and enforce it. This may involve interpreting ambiguous statutes, advocating for changes, and ensuring compliance with complex legislative schemes. Lawyers and lobbyists often play a crucial role in this phase, working with government agencies to shape the implementation of the law.

Advocacy and Influence:

Throughout the decision-making process, individuals, interest groups, and advocacy organisations play a significant role in shaping public policy. They may use education, lobbying, or political pressure to influence lawmakers and ensure that their interests are considered. Advocacy can occur during the legislative process, rule-making, or budgetary decisions, impacting the direction and outcome of important organisational decisions.

How laws influence the treatment of violence against women survivors

In any society, governmental entities enact laws, make policies, and allocate resources. In the United States, Congress is the lawmaking branch of the federal government. 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 or be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. Once a bill is introduced, it is assigned to a committee, voted on by both bodies of Congress, and, if passed, presented to the president for approval.

The Violence Against Women Act (VAWA), signed into law by President Bill Clinton in 1994, was the first federal legislative package to designate domestic violence and sexual assault as crimes. It also required a community-coordinated response to violence against women. Since its enactment, VAWA programs have dramatically improved federal, tribal, state, and local responses to these crimes. The law has also been reauthorized and expanded several times, increasing services for survivors and holding perpetrators accountable for their crimes.

VAWA has influenced the treatment of violence against women survivors in several ways:

• It has provided a framework for identifying and addressing violations of basic human rights.
• It has established criminal and civil penalties for behaviours proscribed by law.
• It has created eligibility criteria for legal immigration, asylum, and citizenship, relevant for victims seeking refugee status in another nation.
• It has set eligibility criteria for various services, including veteran benefits, crime victim compensation, and welfare.
• It has increased funding for mental health and other services provided to victims, such as social and legal services, housing, and immigration protections.
• It has funded research on violence against women, contributing to a better understanding of the issue and the development of effective interventions.

Additionally, VAWA has played a significant role in shifting societal attitudes and discourse surrounding gender-based violence. It has brought crimes like domestic violence and sex trafficking out of the shadows, making it more difficult for perpetrators to act with impunity. The law has also prioritized the belief and support of survivors, encouraging them to come forward and access safety and healing.

The role of lawyers in legislation and regulation

Lawyers play a crucial role in the legislative and regulatory process, acting as advocates, advisors, and educators. They are key in ensuring that individuals and groups have access to legal services and can effectively participate in the legislative process.

In the United States, there are approximately 1.33 million lawyers with active licenses. Lawyers are regulated by state bar associations and state supreme courts, which oversee the licensing and ethical conduct of attorneys. The American Bar Association (ABA) has also played a significant role in establishing Model Rules of Professional Conduct, which many states have adopted. However, critics argue that the self-regulatory model for lawyers contributes to issues with access to legal services.

One of the primary roles of lawyers in legislation and regulation is to advise clients on their legal rights and obligations. Lawyers assist clients in understanding complex legal frameworks and policies, helping them navigate the legislative process. They also take legal action to protect their clients' interests, including representing them in court or before administrative authorities. In doing so, lawyers uphold human rights and fundamental freedoms enshrined in national and international law.

Lawyers are also advocates for their clients and for specific causes. They may engage in lobbying, attempting to influence public policy and legislation by presenting their case to policymakers. This can involve educating policymakers and the public about the nature of a problem, the need for specific legislation, and the funding required to address an issue effectively. Advocacy groups often employ lawyers to ensure that the interests of those they represent are effectively communicated and protected.

Additionally, lawyers play a crucial role in providing access to justice. They assist individuals and groups who may not have the necessary resources or understanding of the legal system to assert their rights. This includes providing legal aid and advice to disadvantaged individuals and communities. Lawyers also help shape regulatory frameworks by offering their expertise and insights, contributing to the development of effective and fair policies.

Overall, the role of lawyers in legislation and regulation is multifaceted and vital to the functioning of the legal system. They ensure that individuals and groups can effectively participate in the legislative process, advocate for their rights, and access justice when needed.

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