Kara Sears
The process of a bill becoming a law is a lengthy one. A bill is a proposal for a new law or a change to an existing law. 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. A bill becomes a law when it is signed by the President or if it is not signed within 10 days and Congress is in session. However, if Congress adjourns before the 10 days are up and the President has not signed, the bill does not become law. This is called a pocket veto.
| Characteristics | Values |
|---|---|
| Time taken by the Governor to decide to sign or veto a bill | 12 days |
| Time taken by the Governor to decide to sign or veto a bill near the annual winter recess | 30 days |
| Time taken for a bill to become law without the President's signature if Congress is in session | 10 days |
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What You'll Learn
The bill's journey
The journey of a bill to becoming a law is a lengthy process that involves multiple steps and stakeholders. The process begins with an idea, which can come from anyone. A legislator then drafts the bill and sends it to the Legislative Counsel, who returns it to the legislator for introduction. The bill is then introduced in the House or Senate, where it is assigned a number and referred to a committee. The committee researches, discusses, and makes changes to the bill before putting it before the chamber for a vote. If the bill passes the vote, it is sent to the other chamber for consideration. If it fails, the process ends.
Once a bill passes both chambers, it is sent to the Governor or President for approval. The Governor or President has several options: they can sign the bill into law, allow it to become law without their signature, veto it, or, in some cases, use a line-item veto to eliminate or reduce specific items in the bill while approving the rest. If the Governor or President chooses to veto the bill, it can be sent back to Congress, and the chamber that originated the legislation can attempt to override the veto by a two-thirds vote in both houses. If the veto is overridden in both chambers, the bill becomes law.
In some cases, the Governor or President may not sign the bill, and it can become law without their signature. However, if Congress adjourns before the specified number of days (this varies depending on the government), and the bill remains unsigned, it will not become law, which is known as a "pocket veto."
Once a bill is approved by the Governor or President, it is signed, dated, and deposited with the Secretary of State, who assigns it an official number. This copy serves as the official record and law of the state or nation. The entire journey of a bill to becoming a law involves careful consideration, debate, and adherence to procedural requirements to ensure that the resulting legislation aligns with the best interests of the citizens it will affect.
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The Governor's role
The Governor plays a crucial role in the legislative process, with the power to significantly influence whether a bill becomes a law or not. Once a bill has been introduced and passed by both bodies of Congress, it is sent to the Governor, who typically have 12 days to decide on its fate. The Governor has three options: they can choose to sign the bill into law, allow it to become law without their signature, or veto it. If the Governor takes no action within the 12-day period, the bill will automatically become law without their signature. However, this duration can vary; in Georgia, for example, the Governor has 40 days to make a decision.
If the Governor decides to veto a bill, it will be sent back to the chamber where it originated. The chamber can then attempt to override the veto by holding a new vote. If a two-thirds majority votes in favour of the bill, the Governor's veto will be overridden, and the bill will become law. This process may differ slightly depending on the state and the circumstances. For example, in California, if a bill is presented to the Governor near the annual winter recess, they have 30 days to make a decision. Additionally, the Governor has the power to use a line-item veto, where they can eliminate or reduce specific items in the bill while approving the remaining portions.
The role of the Governor in the legislative process is essential for maintaining a balance of power and ensuring that laws are enacted with careful consideration. By having the authority to veto bills, the Governor can act as a check on the legislative branch, preventing hasty or ill-conceived laws from being enacted. However, the ability of Congress to override a veto also ensures that the Governor's power does not become absolute and that the legislative branch retains the ultimate decision-making power.
Once a bill is approved by the Governor, it becomes an official law of the state. The Governor signs and dates the bill, depositing it with the Secretary of State, who assigns it an official number. In most states, laws passed will take effect on July 1 of that year unless otherwise stated in the bill. This process highlights the significant responsibility and influence the Governor holds in shaping the legal landscape of their state.
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The President's veto
The veto power is not a modern development, as it has been a part of the US political system since the Constitutional Convention. The founding fathers intentionally included this power in the 1789 Constitution, with the first use by President George Washington in 1792. Washington vetoed a bill regarding a new apportionment formula, citing concerns about the formula's inconsistency with the Constitution.
In conclusion, the President's veto power is a crucial aspect of the US legislative process, providing a mechanism for the executive branch to influence lawmaking. While it can be a source of contention, the power ultimately serves to maintain a balance between the different branches of government and ensure thoughtful and considered legislation.
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Congress's power
Congress is the federal government's law-making branch, consisting of the Senate and the House of Representatives. The idea for a bill can come from a sitting member of either house or be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to their Congressional representative. Once a bill is introduced, it is assigned to a committee that researches, discusses, and amends the bill. The bill is then put before the chamber to be voted on.
Congress works in two-year legislative sessions tied to the elections. All bills not enacted by the end of the session die, and Congress starts over. For example, the 119th Congress began on January 3, 2025, and will end on January 3, 2027. Any bills not enacted by the latter date will not become law.
The Majority Leader may request unanimous consent for immediate consideration of a bill. If the bill is non-controversial and there is no objection, the Senate may pass it with little to no debate. If there is an objection, the report must lie for one legislative day, and the bill is placed on the calendar. Measures reported by standing committees of the Senate may not be considered unless the report has been available to Senate Members for at least two days (excluding Sundays and legal holidays) before consideration. This requirement can be waived in emergency situations or by agreement of the Majority and Minority leaders.
In most cases, if the president vetoes a bill, Congress can vote to override the veto, and the bill becomes law. However, 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 in what is called a "pocket veto," which cannot be overridden by Congress.
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The bill's number
Once a bill is introduced, it is assigned a number. For example, it could be labelled HR 1 or S 1. The bill cover shows the bill's number, the date of its introduction and first reading, the committee to which it is referred, and the dates it is sent to and received from the printer. The bill is then sent to the Government Printing Office (GPO) and copies are made.
After this, the bill goes through a process of research, discussion, and changes before being 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 vote to accept a bill, they must work out any differences between the two versions.
Once a bill is passed by both chambers of Congress, it is sent to the President. The President can either sign the bill into law or veto it. If the President chooses to veto the bill, Congress can vote to override that veto, and the bill becomes a law. 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, and this cannot be overridden by Congress. This action is called a "pocket veto".
Finally, when a bill becomes law, it is assigned an official number. The Secretary of State assigns the bill a number known as the chapter number. The bills are numbered consecutively in the order in which they are received, and the resulting sequence is presumed to be the order in which the bills were approved.
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Frequently asked questions
The Governor of California has 12 days to decide to sign or veto a bill, or 30 days if the annual winter recess is approaching. If the Governor does nothing, the bill will automatically become a law after 40 days.
The Governor of Georgia has 40 days to decide whether to sign a bill into law or veto it. If the Governor does nothing, the bill will automatically become a law after 40 days.
The President has 10 days to sign a bill into law. 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".
Once a bill becomes a law, it is assigned an official number. Unless otherwise stated in the bill, all laws become effective on July 1.
