The process of turning an idea into a law in the United States is a complex one. The US Constitution states that All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. This means that the US Congress is the law-making branch of the federal government.
A law typically starts as an idea proposed by a member of the Senate or the House of Representatives, or by citizens who petition their representatives. This idea is then written into a bill, which is like an early version or draft of the proposed law. Once a bill is introduced, it is assigned to a committee, which will research, discuss, and make changes to it. The bill is then put before the 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 and then vote on the same version of the bill. If it passes, they present it to the President.
The President then has the power to approve or veto the bill. If the President approves, the bill becomes a law. If the President vetoes the bill, Congress can vote to override that veto, and the bill becomes a law. However, if Congress is not in session and the President does not sign off on the bill, it will be vetoed by default, and this cannot be overridden.
What You'll Learn
Bills are proposed by members of the House of Representatives or the Senate
The bill is then given a designation based on the chamber of introduction, for example, H.R. or H.J.Res. for House-originated bills or joint resolutions and S. or S.J.Res. for Senate-originated measures. It will also receive a number, which is typically the next number available in sequence during that two-year Congress.
In the House, the Speaker then refers the bill to all committees that have jurisdiction over the provisions in the bill, as determined by the chamber's standing rules and past referral decisions. Most bills fall under the jurisdiction of one committee, but if multiple committees are involved, each will work on the portion of the bill under its jurisdiction. One committee will be designated the primary committee of jurisdiction and will lead on any action.
In the Senate, bills are usually referred to the committee with jurisdiction over the issue that predominates in the bill. In rare cases, a bill might not be referred to a committee but is instead placed directly on the Senate Calendar of Business through a series of procedural steps on the floor.
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Bills are assigned to a committee for study
Once a bill has been introduced, it is assigned to a committee for further study. The committee will research, discuss, and make changes to the bill. The committee stage is one of the most important phases of the legislative process. There are 20 standing committees in the House and 16 in the Senate, as well as several select committees. Each committee's jurisdiction is defined by certain subject matter under the rules of each House, and all measures are referred accordingly. For example, the Committee on the Judiciary in the House has jurisdiction over measures relating to judicial proceedings, immigration policy, bankruptcy, patents, copyrights, and trademarks.
The committees provide a forum for the public to be heard. The committees will also seek input from the relevant departments and agencies about a bill. They may also submit the bill to the Government Accountability Office with a request for an official report on the necessity or desirability of enacting the bill into law.
After the committee has finished studying the bill, it will be put before the chamber to be voted on.
The Journey of a Bill to Becoming a Law
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Bills are voted on by both houses of Congress
The process of how a bill becomes a law starts with a bill, which 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 people or citizen groups who recommend a new or amended law to a member of Congress that represents them. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill.
The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. 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 then considers the bill. The president can approve the bill and sign it into law. Or the president can refuse to approve a bill. This is called a veto. If the president chooses to veto a bill, in most cases, Congress can vote to override that veto, and the bill becomes a law. But 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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The President can choose to sign or veto the bill
Once a bill has been passed by both chambers of Congress, it is presented to the President of the United States, who can choose to sign or veto it. The President has ten days, excluding Sundays, to make a decision. If the President signs the bill, it becomes law.
If the President vetoes the bill, it is returned to the chamber in which it originated. This chamber can then attempt to override the President's veto, but this requires a two-thirds majority vote in support. If this vote passes, the bill is sent to the other chamber, which can then also vote to override the veto. If both chambers vote to override, the bill becomes law.
If the President does not sign or veto the bill, it can still become law, unless Congress has adjourned under certain circumstances. This is known as a "pocket veto".
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Congress can override the President's veto with a two-thirds majority
In the United States, the President has the power to veto a bill, but Congress can override this veto with a two-thirds majority. This is a crucial check and balance in the US political system, allowing Congress to pass a bill into law even without the President's approval.
The process of how something becomes law in the US begins with the introduction of a bill. A bill is a proposal for a new law or a change to an existing law. Any sitting member of the US Senate or House of Representatives can introduce a bill, or it can 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 the 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, and if it passes, they present it to the President.
The President then has the power to approve or veto the bill. If the President chooses to veto it, Congress can vote to override that veto, and the bill becomes a law. A two-thirds majority is required in both the House and the Senate to override a veto. This means that at least two-thirds of the members in both chambers must agree to pass the bill for it to become a law, even without the President's signature.
The ability of Congress to override a presidential veto is an important check on the power of the executive branch. It ensures that Congress, as the law-making branch of the federal government, has the final say on legislation. This process underscores the separation of powers and the system of checks and balances that are fundamental to the US political system.
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