Kara Sears
Laws are a set of rules that are created and enforced by social or governmental institutions to regulate behaviour. There are many ways a law can be formed, and the process varies across different jurisdictions. In democratic nations, laws are typically formed through a legislative process, where elected representatives propose, debate, and vote on bills that become laws. For example, in the United States, a bill can be proposed by a member of the Senate or House of Representatives, or it can be petitioned by citizen groups. Once introduced, the bill goes through a committee, is voted on, and if passed by both houses of Congress, it is sent to the President for approval. The President can sign the bill into law or veto it. However, other factors can influence law-making, such as constitutional provisions, judicial decisions, and international obligations. Additionally, historical events, social customs, and cultural values can shape the legal landscape, as seen with the development of Roman law, common law, and the influence of religious legal systems like Canon and Sharia law. Understanding the legislative process is essential for citizens to appreciate the work of their representatives and the formation of laws that govern their society.
| Characteristics | Values |
|---|---|
| Who can propose a law | A sitting member of the U.S. Senate or House of Representatives, during their election campaign, or by people or citizen groups who petition a bill to a member of Congress |
| Who drafts the bill | Any member of Congress – either from the Senate or the House of Representatives – who has an idea for a law |
| Who introduces the bill | If a Representative is the sponsor, the bill is introduced in the House. If a Senator is the sponsor, the bill is introduced in the Senate |
| Who assigns the bill to a committee | Once a bill is introduced, it is assigned to a committee |
| Who passes the bill | After both the House and Senate have approved a bill in identical form, the bill is sent to the President |
| Who signs the bill into law | The President signs the bill into law |
| Who overrides 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 |
| Who amends a law | Bills can be proposed by people or citizen groups who recommend a new or amended law to a member of Congress |
| Who interprets, defends, and applies the law | The judiciary interprets, defends, and applies the law in the name of the state |
| Who influences the creation of laws | The creation of laws may be influenced by a constitution, written or tacit, and the rights encoded therein |
| Who enforces the law | State-enforced laws can be enforced by the legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions |
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What You'll Learn
Bills and proposals
In the United States, the law-making branch of the federal government is Congress. The process of law-making begins with the introduction of a proposal, which can take one of four principal forms: a bill, a joint resolution, a concurrent resolution, or a simple resolution.
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, 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. 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 through the same process in the other body. Once both bodies vote to accept a bill, they must work out any differences between the two versions.
Bills are the most common form of legislation and can be identified by the letters "H.R.", signifying "House of Representatives", followed by a number that remains the same throughout all its parliamentary stages. Joint resolutions are very similar to bills, with the exception of those proposing amendments to the Constitution. Concurrent resolutions are used for matters affecting the operations of both the House of Representatives and the Senate, and simple resolutions are used for matters concerning the operation of either body alone.
After a bill passes in both the House and the Senate, it is presented to the President for their signature to become law. The President can approve the bill and sign it into law, or they can veto it. If the President vetoes a bill, Congress can, in most cases, vote to override the 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 cannot be overridden.
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Congressional vote
In the United States, Congress is the law-making branch of the federal government. 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 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 process of a bill becoming a law at the federal level is as follows: Members of the House or Senate draft, sponsor, and introduce bills for consideration by Congress. The House clerk assigns a legislative number for bills introduced in the House of Representatives (e.g., H.R. 1001), and the Senate clerk assigns a legislative number for bills introduced in the Senate (e.g. S. 1002). Usually, a committee is assigned to study the bill according to its subject matter. Often, a committee will refer the bill to one of its subcommittees. The subcommittee may request reports from government agencies, hold hearings so experts and interested parties have an opportunity to offer testimony regarding the issue, "mark up" or revise the bill, or report the legislation to the full committee for its consideration.
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 and has the power to approve the bill and sign it into law. The president can also refuse to approve a bill, which 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. 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, known as a pocket veto.
If the bill is passed by both chambers of Congress, it is sent to the President for approval. If the President approves the bill, it becomes a Public Law. If the President does not act within 10 days, the bill automatically becomes law. If Congress adjourns during the 10 days after the bill is sent to the President and the President does not sign it, the bill is automatically vetoed by what is known as a pocket veto. The Office of Federal Register assigns the Public Law a number (e.g., P.L. 109-1), and the Government Printing Office prints a copy of it. Laws are first issued in slip form, a single publication containing one law, and are later organized in the order in which they were passed. Finally, they are codified into subject order so that all laws on the same topic fall together.
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Presidential approval
In the United States, Congress is the law-making branch of the federal government. 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, be proposed during their election campaign, or be petitioned by citizens or citizen groups. 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 for approval.
The president can choose to approve the bill and sign it into law. If the president approves the bill, it becomes law. However, the president can also refuse to approve a bill, which is called a veto. If the president vetoes a bill, it is returned to the congressional chamber in which it originated. That chamber may attempt to override the president's veto, though a successful override vote requires the support of two-thirds of those voting. If the vote is successful, the other chamber then decides whether or not to attempt its own override vote, which also requires two-thirds of the voting members. If both chambers vote to override the veto, the bill becomes a law without the president's signature.
A pocket veto can occur if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session. In this case, the bill will be vetoed by default, and Congress cannot override it. Additionally, there is the concept of a "'companion bill,'" which is a bill introduced in one House of Congress that is similar or identical to a bill introduced in the other House. A bill that has been agreed to in identical form by both bodies becomes a law without the president's signature if, within 10 days (Sundays excepted) while Congress is in session, the president fails to return it with objections to the House in which it originated.
While the president plays a crucial role in the law-making process by approving, vetoing, or signing bills into law, it is important to note that they cannot make laws. Their role is to consider and act upon the bills presented to them by Congress. The power to initiate and draft legislation lies with the members of Congress, who can propose bills and work collaboratively to shape and refine them before presenting them to the president for approval.
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State-enforced laws
Another way state-enforced laws are made is through the executive branch of the government. In some political systems, the executive branch, led by a president, prime minister, or another leader, can issue decrees, regulations, or executive orders that carry the force of law. These types of laws are typically created to address specific issues or situations and may not go through the same legislative process as bills.
Judicial decisions also play a crucial role in shaping state-enforced laws. In common law jurisdictions, judges' rulings in individual cases can set precedents that guide future decisions and interpretations of the law. These precedents can effectively create new laws or modify existing ones, especially when higher courts, such as the Supreme Court in the US, render decisions that interpret the constitution or existing statutes.
Additionally, in some countries, the legislative process may involve a written constitution that outlines the rights and principles that laws must adhere to. This constitution can act as a foundation for law-making, ensuring that laws are consistent with the country's fundamental values and principles. The creation of laws can also be influenced by international laws and norms, which set standards for state behaviour and relations. While international laws may not be directly enforced within a country, they can shape the development of domestic legislation and the conduct of state actors.
It's worth noting that the specific processes and institutions involved in law-making can vary between jurisdictions. Federal systems, such as the US, may have additional complexities due to the interplay between federal and state laws. Furthermore, the history and cultural context of a country can influence its legal system, as seen with the influence of Roman law, canon law, and the Napoleonic Code on various European legal traditions.
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Legislative process
The legislative process is a mechanism through which laws are made. It involves multiple steps and stakeholders, and the specifics vary across jurisdictions. In a democratic setup, the legislative process is a cornerstone of the political system, providing a structured framework for law-making.
In the United States, the legislative process is a key function of the federal government, with Congress at its centre. Both the Senate and the House of Representatives play crucial roles in this process. A bill, which is a proposal for a new law or a change to an existing one, can be introduced by any member of Congress. These ideas can originate from the members themselves or from citizen groups and advocacy organisations. Once introduced, a bill is assigned to a committee that researches, discusses, and makes changes to it. The bill then proceeds to the chamber for voting. If it passes in one body of Congress, it moves to the other body, undergoing a similar process of scrutiny, discussion, and voting.
After a bill is approved by both the House and the Senate in identical form, it is sent to the President for consideration. The President has the option to approve the bill, signing it into law. Alternatively, the President can veto the bill, blocking its enactment. However, Congress can override the presidential veto if both the Senate and the House pass the bill with a two-thirds majority vote. In certain scenarios, if the President takes no action on a bill for ten days while Congress is in session, the bill automatically becomes law.
The legislative process extends beyond the creation of new laws. It also encompasses the interpretation and application of existing laws, as well as the resolution of disputes. The judiciary, comprising courts, judges, and lawyers, plays a pivotal role in this aspect of the legislative process. Furthermore, the legislative process is influenced by various factors, including constitutional provisions, political ideologies, and societal dynamics.
While the legislative process in the United States follows a specific path, other countries and jurisdictions may have variations. For instance, in some countries, the executive branch can create laws through decrees and regulations, while in others, judges' decisions set precedents that shape common law. International law, on the other hand, operates at a global level, influencing the behaviours of nations and international organisations.
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Frequently asked questions
The first step in forming a law is to draft a bill. A bill is a proposal for a new law or a change to an existing law. Anyone can propose a bill, but only a member of Congress can draft one.
Once a bill is drafted, it must be introduced in either the House of Representatives or the Senate, depending on the sponsor. After that, it is assigned to a committee, which will research, discuss, and make changes to the bill. The bill then goes through a process of voting, research, discussion, and further changes in both the House and the Senate.
After the House and the Senate have approved a bill in identical form, it is sent to the President for approval. The President can approve the bill and sign it into law, or they can veto it. If the President vetoes the bill, Congress may attempt to override the veto with a two-thirds majority vote in both the House and the Senate, and the bill will become a law.
