The Legislative Process: Federal Laws Explained

The process of turning an idea into a federal law in the United States is a complex one. It begins with a bill, which is a proposal for a new law or a change to an existing one. A bill can be introduced by a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens. Once introduced, a bill 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 both chambers vote on the same version. If it passes, it is presented to the president. The president can approve the bill and sign it into law, or veto it. If the president chooses to veto, Congress can vote to override that veto, and the bill becomes a law.

A bill is proposed

The legislative process begins with an idea. 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 citizen groups who recommend a new or amended law to a member of Congress that represents them. This is known as the right to petition and is guaranteed by the First Amendment to the Constitution.

Once a bill has been proposed, it is introduced and assigned to a committee. The committee 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 through a similar process in the other body.

It's assigned to a committee

Once a bill has been introduced, it is assigned to a committee. The committee will then research, discuss, and make changes to the bill. 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 the most intensive consideration of a proposed measure, as well as a forum for the public to be heard. A tremendous volume of work is done by members at this phase. The committees will also seek input from relevant departments and agencies about a bill, and frequently, the bill is also submitted to the Government Accountability Office with a request for an official report on the necessity or desirability of enacting the bill into law.

After hearings are completed, the subcommittee will usually consider the bill in a session that is known as the 'markup' session. The views of both sides are studied in detail, and at the conclusion of deliberation, a vote is taken to determine the action of the subcommittee. It may decide to report the bill favourably to the full committee, with or without amendment, or unfavourably, or without recommendation. The subcommittee may also suggest that the committee 'table' it or postpone action indefinitely.

At full committee meetings, reports on bills may be made by subcommittees. Bills are read for amendment in committees by section, and members may offer germane amendments. Committee amendments are only proposals to change the bill as introduced and are subject to acceptance or rejection by the House itself. A vote of committee members is then taken to determine whether the full committee will report the bill favourably, adversely, or without recommendation.

The bill is voted on

Once a bill has been introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before the chamber to be voted on.

The process of voting on a bill can be complex and lengthy, and there are several methods of voting that can be used. The method chosen depends on the nature of the bill and the level of support it has.

One common method is the voice vote, where the Chair puts the question to the members, who respond orally with "Aye" for yes and "No" for no. The Chair then determines the result by comparing the volume of the responses. If it is difficult to determine the result of a voice vote, a division may be demanded, where members physically stand up to be counted.

Another method is the recorded vote, where members vote using an electronic device or paper ballot. This method is used when a certain number of members request it or when the Chair puts the question to a vote and a quorum fails to vote. The recorded vote is also used for passing certain types of bills, such as those involving federal income tax rates.

In the House of Representatives, a simple majority (218 out of 435) is required for a bill to pass. However, there are some cases where a two-thirds majority is needed, such as when overriding a presidential veto.

The voting process can also be affected by procedures such as the previous question, which cuts off debate and brings the bill to an immediate vote, and the motion to recommit, which sends the bill back to committee for further consideration.

After a bill has been voted on and passed by 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 have voted to accept the bill, they must work out any differences between their versions and vote on the same bill.

It's sent to the Senate

Once a bill has passed the House of Representatives, it is sent to the Senate. The Senate is composed of 100 Members, two from each state, elected by the people. The term of office for a senator is six years, with one-third of the Senate being elected every second year.

In the Senate, the bill is assigned to another committee. If the committee releases the bill, it is debated and voted on. A simple majority (51 out of 100) is required for the bill to pass.

The Senate has some procedural differences from the House of Representatives. While both are equal in how they function, only the House can initiate tax and revenue-related legislation. On the other hand, only the Senate can draft legislation related to presidential nominations and treaties. The House processes legislation through a majority vote, while the Senate does so through deliberation and debate prior to voting.

The President approves or vetoes

Once a bill has been passed by both the House and the Senate, it is presented to the President for approval. The President can choose to approve the bill, in which case they will sign it into law. If the President does not support the bill, they can veto it.

If the President chooses to veto a bill, Congress can override the veto with a two-thirds majority vote in both the House and the Senate. If this happens, the bill becomes law. However, if the President vetoes a bill and Congress does not override it, the bill will not become law.

Additionally, if the President does not sign off on a bill and Congress is no longer in session, the bill will be pocket vetoed. This means the bill will not become law and cannot be overridden by Congress.

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