Keith Mack
Creating a law is a lengthy process that involves many steps and people. In the United States, laws are made by Congress, which consists of the Senate and the House of Representatives. The process of creating a law starts with a bill, which is a proposal for a new law or a change to an existing law. This bill is then assigned to a committee that researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on and, if passed, is sent to the President for approval. The President can either approve the bill and sign it into law or veto it. If the President vetoes the bill, it is sent back to Congress, which can vote to override the veto, and the bill becomes a law. Understanding the legislative process is essential for citizens to effectively engage with and influence the creation of laws that represent their interests.
| Characteristics | Values |
|---|---|
| Who can propose a bill? | A sitting member of the U.S. Senate or House of Representatives, during their election campaign, or a citizen group that petitions their representative |
| What is a bill? | A proposal for a new law or a change to an existing law |
| What happens after a bill is introduced? | It is assigned to a committee that researches, discusses, and makes changes to it |
| What happens after the committee stage? | The bill is put before the chamber to be voted on |
| What happens if the bill passes the vote? | It is sent to the President for approval |
| What can the President do? | Approve the bill and sign it into law, or refuse to approve it (a veto) |
| What happens if the President vetoes the bill? | In most cases, Congress can vote to override the veto and the bill becomes a law |
| What happens if Congress is no longer in session? | If the President does not sign off on the bill, it will be vetoed by default (a pocket veto) |
| What happens if the President does nothing? | If the President does not act within 10 days, the bill automatically becomes law |
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What You'll Learn
Legislative process
The legislative process is a matter about which every person should be well informed to understand and appreciate the work of Congress. It is a process that allows for the protection of minorities and gives all sides the opportunity to be heard and make their views known.
The legislative process begins with 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, proposed during their election campaign, or petitioned by people or citizen groups who recommend a new or amended law to a member of Congress. Once a bill is introduced, it is assigned a legislative number and sent to a committee whose members will research, discuss, and make changes to the bill. The committee may request reports from government agencies, hold hearings for experts and interested parties to offer testimony, revise the bill, or refer it to a subcommittee.
The subcommittee can also request reports, hold hearings, and revise the bill, or it may refer the bill back to the full committee for its consideration. The full committee may then recommend passing the bill, revising and releasing it, or laying it aside. The bill is then returned to the full House or Senate for further debate and approval, where members may propose amendments, add text, or make other alterations.
The bill must then be approved by both Chambers of Congress: the House of Representatives and the Senate. If the bill is approved by both Chambers, it is sent to the President for approval or signature. The President can approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the President vetoes the bill, it may be returned to Congress for reconsideration, and Congress can vote to override the veto. If the President does not act within 10 days, the bill automatically becomes law. However, if Congress adjourns within those 10 days and the President does not sign the bill, it is automatically vetoed, known as a pocket veto.
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Primary and secondary legislation
In representative democracies, laws are created by the legislative and executive branches of governments. Primary and secondary legislation are two forms of law created by these branches.
Primary Legislation
Primary legislation generally consists of statutes, also known as 'acts', that set out broad principles and rules. However, they may delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. In the United Kingdom, primary legislation can take several different forms, including an Act of Parliament. In Canada, primary legislation consists of acts of the Parliament of Canada and the legislatures of the provinces. In Australia, primary legislation includes acts of the Commonwealth Parliament and state or territory parliaments. In Hong Kong, it includes ordinances of the domestic Legislative Council and the Nationwide Laws of the People's Republic of China extended to Hong Kong by the National People's Congress. In Northern Ireland, primary legislation has historically included Acts of the Parliament of Northern Ireland, Measures of the Northern Ireland Assembly, and Orders in Council made under the Northern Ireland Acts. Most primary legislation is available in a 'revised' form, and all primary legislation from 1988 to the present day is available online.
Secondary Legislation
Secondary legislation is created by an executive authority under powers delegated by an enactment of primary legislation. It is also called delegated or subordinate legislation. In the United Kingdom, forms of secondary legislation include Statutory Instruments made by the UK government, most commonly Orders in Council, regulations, rules, and orders. In Canada, secondary legislation includes laws made by federal or provincial Order in Council by virtue of an empowering statute previously made by the parliament or legislature. In Australia, secondary legislation, formally called legislative instruments, are regulations made according to law by the executive or judiciary. In Hong Kong, subsidiary legislation is made by the Executive Council or officials with delegated powers. In Spain, secondary legislation is called a legislative decree, and in Finland, it is called a decree.
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Presidential powers
In the United States, 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 it can be proposed during their election campaign. Once a bill is introduced, it is assigned to a committee, which researches, discusses, and makes changes to it. The bill then goes through a process of voting, and if it passes, it is presented to the president.
The president has several options when presented with a bill. They can approve the bill and sign it into law within ten days, or they can veto it and return it to Congress with a veto message suggesting changes. It is important to note that the president cannot create laws, but they do have the power to sign or veto legislation. This means that while they cannot initiate laws, they play a crucial role in the legislative process by approving or rejecting proposed bills.
The president's powers are outlined in Article II of the United States Constitution and include the ability to command the armed forces, ask for written opinions from their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors. The president also has the power to make treaties, which need to be ratified by two-thirds of the Senate. Additionally, the president has broad powers in managing national affairs and setting government priorities. They can unilaterally issue rules, regulations, and instructions, including executive orders, which carry the force of law for federal agencies without requiring Congressional approval.
In times of war or national emergency, Congress may grant the president broader powers to manage the national economy and protect the security of the United States. They can also, with certain limitations, call upon the National Guard and naval militias of the states to supplement regular forces or enforce federal law.
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Public vs private law
The process of creating a law often involves multiple steps and individuals. In the United States, the law-making branch of the federal government is Congress. A bill, which is a proposal for a new law or a change to an existing law, 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. Alternatively, bills can be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress. Once introduced, a bill is assigned to a committee, which researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. After this, the bill is considered by the President, who can approve and sign it into law or refuse to approve it, which is called a veto. If the President vetoes a bill, Congress can usually vote to override the veto, and the bill becomes a law. However, if the President does not sign off on a bill before Congress is no longer in session, the bill will be pocket vetoed, and Congress cannot override this.
Now, when it comes to public vs. private law, the main distinction lies in the scope of the issues addressed and the number of people impacted. Public law deals with issues affecting society as a whole or the general public, such as human rights, national security, and the environment. It governs the relationships between private individuals or organisations and public bodies, including government departments and local authorities. Examples of public law include constitutional law, criminal law, and international law. On the other hand, private law addresses issues specific to individuals or small groups, such as contract negotiations, property disputes, and family matters. It regulates relationships between private citizens or entities and includes civil law, contract law, property law, and tort law.
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Congress and committees
Congress is the law-making branch of the federal government. 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. Committees are made up of members with expertise in the field the committee oversees. For example, the Committee on the Judiciary is traditionally made up of lawyers.
Committees engage in a variety of activities, including drafting and considering legislative proposals. They also provide oversight of policy implementation once a law is enacted. Both chambers provide their committees with significant powers and latitude for oversight and investigations into questions of public policy and its effects. While the engine of legislative ideas and action is Congress itself, the President has influence in the legislative process, too. The President recommends an annual budget for federal agencies and often suggests legislation. The President also has the power to veto legislation, which can affect the content of bills passed by Congress. It is unusual for a law to be enacted over a presidential veto, so Congress typically must accommodate the president’s position on proposed policies.
Congress uses a process called reconciliation to implement the constraints on revenue and spending. In this process, Congress directs House and Senate committees to determine and recommend changes in laws that will achieve the constraints established in the concurrent resolution on the budget. The instructions to a committee specify the amount of spending reductions or revenue changes a committee must attain, but the committee decides on the specific changes to laws or bills that must be made.
After a committee has worked on a bill, it is put before the chamber to be voted on. Congressional action is typically planned and coordinated by party leaders in each chamber. The House and Senate have different ways of processing legislation. The House processes legislation through a majority vote, while the Senate favours deliberation and debate prior to voting. Only the House can initiate tax and revenue-related legislation, and only the Senate can draft legislation related to presidential nominations and treaties. The enactment of law always requires both chambers to separately agree to the same bill in the same form before presenting it to the President.
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Frequently asked questions
A bill is a proposal for a new law or a change to an existing law. It is like an early version or a draft of the proposed 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 people or citizen groups who recommend a new or amended law to a member of Congress that represents them.
A bill is introduced and 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 is passed by both chambers, it is sent to the President for approval or their signature, which if granted creates a Public Law.
The President can approve the bill and sign it into law. Or the President can refuse to approve a bill, which is called a veto. If the President does not act within 10 days, the bill automatically becomes law.
