Cameron Miranda
The process of enacting a law varies depending on the country and the level of government. In the United States, the law-making process differs between federal, state, and local governments, with each having distinct procedures and requirements. For example, at the federal level, Congress is responsible for creating laws, while at the state level, the state legislature plays a similar role. At the local level, the process can vary depending on the type of local government, such as counties, municipalities, or townships. In this response, we will focus on the process of how a common council, which is a type of local government, typically enacts a law.
| Characteristics | Values |
|---|---|
| Type of law | Emergency, Temporary, Regular, State Legislation Resolution (SLR), Public, Private |
| Source of idea for legislation | Sitting member of the U.S. Senate or House of Representatives, Election campaign, Citizen groups, State legislatures |
| Proposal | Proposal for a new law or change to an existing law |
| Meetings | Public meetings, Committee meetings |
| Research | Research, discussion, and changes to the bill |
| Voting | Vote on the bill |
| Review | Mayoral review, Congressional review |
| Signing | Signed by the Mayor, Signed by the President |
| Veto | Mayor's veto, President's veto, Pocket veto |
| Enactment | Enactment of a statute in a new field |
| Adherence | Adherence to state and federal laws |
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What You'll Learn
The role of the mayor
In a weak mayor-council government, the mayor's role is more ceremonial and symbolic, and they share more power with the council. In this form of government, the council has considerable legislative, financial, and executive power.
The mayor is in charge of hiring and firing all appointive officers and employees, although some councils have the authority to require confirmation of certain appointments. The mayor can also declare a state of emergency, which gives the local government access to state and federal emergency funding.
In some cities, the mayor possesses the power to draft and propose a budget, as well as appoint a chief administrative officer, who is then responsible for overseeing the day-to-day operations of the city and appointing department heads.
The mayor also has the authority to enter into contracts on behalf of the city, although this power can be delegated to another official, and there are often contracting limits in place.
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Congressional review
In the United States, the process of a bill becoming a law involves several steps, and the involvement of Congress is integral to this process. Congress is the federal government's lawmaking branch, and it consists of the Senate and the House of Representatives.
The idea for a bill can come from 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 a member of Congress. Once a bill is introduced, it is assigned to a committee, which will research, discuss, and make changes to the bill. The committee will also seek input from relevant departments and agencies, and frequently, the bill will be submitted to the Government Accountability Office for an official report on the necessity of enacting the bill into law. The bill is then put before the chamber to be voted on.
If the bill passes one body of Congress, it goes to the other body to undergo a similar process of research, discussion, changes, and voting. Once both bodies have voted to accept a bill, they must reconcile any differences between the two versions. Once both chambers of Congress have passed a bill, it is sent to the President for consideration. The President can approve the bill and sign it into law, or they can veto it. If the President vetoes the bill, Congress can, in most cases, vote to override that veto, and the bill becomes a law. However, if the President does not sign off on a bill, and Congress is no longer in session, the bill will be vetoed by default, which is called a pocket veto, and it cannot be overridden by Congress.
In the District of Columbia, there is an additional step in the process, where the council chair must submit all passed ordinances to Congress for review. This involves a period of congressional review lasting 30 days (or 60 days for certain criminal legislation). During this time, Congress may enact a joint resolution disapproving of the Council's Act. If the President approves this joint resolution, the Council's Act is prevented from becoming law. If no joint resolution is approved by the President, the Bill becomes a Law and is assigned a law number.
Additionally, the Council of the District of Columbia can enact special ""emergency" legislation without the need for a second reading or congressional review. Mayoral review is still required, and this emergency legislation is typically in effect for no longer than 90 days. To address the expiration of emergency legislation, the Council can also introduce "temporary" legislation, which bypasses the committee assignment and moves through the Council faster than regular legislation. Temporary legislation must undergo a second reading, mayoral review, and the congressional review period.
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The bill-writing process
The bill is then put before the chamber to be voted on. If the bill passes one body of Congress, it goes through a similar process in the other body. Once both bodies have voted to accept a bill, they must work out any discrepancies between the two versions.
After a bill is passed by the Council, it is presented to the Mayor, who can sign the bill into law, veto it, or take no action. If the Mayor vetoes the bill, it is sent back to the Council, which can override the veto with a two-thirds vote. If the Mayor takes no action for 30 days, the bill becomes law.
In the District of Columbia, there is an extra step where the council chair must submit all passed ordinances to Congress for a 30-day review period (60 days for certain criminal legislation). During this time, Congress may enact a joint resolution to disapprove of the Council's Act. If the President approves this resolution, the Council's Act is prevented from becoming law. If no joint resolution is approved by the President, the Bill becomes a Law and is assigned a law number.
The District's Charter also allows the Council to enact emergency legislation without the need for a second reading or congressional review. Mayoral review is still required, and this legislation is only in effect for 90 days. Temporary legislation bypasses the committee assignment and moves through the Council faster than regular legislation. It remains in effect for 225 days, allowing the Council time to enact permanent legislation.
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Local government structure
Local governments are created and chartered by state governments. The structure of local governments is determined by their state’s constitutions and the laws the state has enacted. Local governments are regulated by their respective states and can not pass ordinances that contradict state laws. Local governments oversee services that directly impact residents' lives such as police and fire departments, roads and parks.
Local governments include counties, municipalities, townships, and special districts, each with distinct responsibilities and geographic coverage. Counties operate under various systems including Commission, Council-Administrator, Council-Elected Executive, and Charter systems. Municipalities have five main structures: Council-Mayor (most common), Mayor-Council, Commission, Town Meeting, and Representative Town Meeting.
The Mayor-Council structure is different from the Commission structure, where the body acts as a hybrid executive and legislative branch of government, and the Council-Manager format, where a City Manager is hired to oversee the day-to-day operations as the council sets the policy. The Town Meeting structure involves direct participation of citizens in local decision-making, while the Representative Town Meeting structure involves citizens electing representatives to make decisions on their behalf.
Local governments pass laws through ordinances, following a process of proposal, public meetings, committee review, and voting, all while complying with state and federal laws. Committees are important in the lawmaking process as they research, discuss, and make changes to the bill. Once approved, the ordinance must be signed by the Mayor or the chief administrator, depending on the government structure.
In the District of Columbia, an extra step is involved where the council chair must submit all passed ordinances to Congress for review. An approved Act of the Council must be sent to the United States House of Representatives and the United States Senate for a period of 30 days before becoming effective as law (or 60 days for certain criminal legislation). During this time, Congress may enact a joint resolution disapproving the Council’s Act, which, if approved by the President, prevents the Act from becoming law.
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The role of citizens
Citizens play a crucial role in the legislative process, which varies depending on the level of government and the specific procedures in place. In the United States, the process of enacting laws at the federal level involves citizens and their representatives in Congress. Here's a detailed look at the role of citizens in the legislative process:
Citizen Engagement at the Federal Level:
- Proposing Legislation: Citizens have the right to petition their representatives in Congress to introduce new laws or amendments. This right to petition is guaranteed by the First Amendment, allowing individuals and citizen groups to transmit their legislative proposals. This is an essential channel for citizens to influence policy-making directly.
- Participating in Elections: Citizens elect their representatives in Congress, who then become the primary initiators of legislation. During election campaigns, candidates often promise to introduce specific legislation if elected, which reflects the priorities and interests of their constituents.
- Advocacy and Lobbying: Citizens can engage in advocacy and lobbying efforts to influence lawmakers' decisions. They can contact their representatives, participate in public hearings, and join or support advocacy groups to amplify their voices on specific issues.
Citizen Involvement at the Local Level:
- Direct Participation: In some local government structures, like the Town Meeting system, citizens participate directly in local decision-making. They attend meetings, discuss proposed legislation, and vote on measures that will impact their community.
- Representation: In other local government structures, citizens elect representatives to act on their behalf. These representatives introduce and vote on legislation within the council, considering the needs and interests of their constituents.
- Public Input and Hearings: Local governments often hold public hearings and meetings to gather input from citizens on specific issues. This allows citizens to provide feedback, express their concerns, and influence the direction of local ordinances and policies.
The Legislative Process:
It's important to understand the legislative process to grasp the role of citizens more clearly. Here's a simplified version:
- Proposal: A bill is proposed, which can be initiated by a member of Congress, influenced by citizen input, or emerge from election promises.
- Committee Review: The bill is assigned to a committee that researches, discusses, and makes changes. Committees seek input from relevant departments and agencies and sometimes the Government Accountability Office.
- Congressional Vote: The bill is then voted on in the House of Representatives and the Senate, undergoing research, discussion, and potential amendments in each chamber.
- Reconciliation: If both chambers pass the bill, they work together to reconcile any differences between their versions.
- Presidential Consideration: The bill then goes to the President, who can sign it into law, veto it, or take no action. A veto can be overridden by a two-thirds vote in Congress.
- Enactment: Once signed by the President or after a veto override, the bill becomes a law. At the local level, ordinances are often signed by the Mayor or a chief administrator.
Citizens, therefore, play a vital role in initiating, shaping, and influencing the legislative process. Their engagement with elected officials and advocacy efforts help ensure that laws reflect the needs and values of the communities they serve.
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Frequently asked questions
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.
After a bill is passed by the Council, it is presented to the Mayor, who has 30 days to either sign the bill into law, veto it, or take no action. If the Mayor vetoes the bill, it is sent back to the Council.
Once the Mayor has approved the legislation or the Council has overridden the Mayor’s veto, the legislation is assigned an Act number. The Bill is then sent to the United States House of Representatives and the United States Senate for a period of 30 days before becoming effective as law.
