The Constitution's Legal Journey: Understanding The Process

The United States Constitution is the supreme law of the land in the United States. It is the source of all government powers and also provides limitations on the government that protect the fundamental rights of United States citizens. The Constitution was signed on September 17, 1787, by delegates to the Constitutional Convention in Philadelphia.

The Constitution was drafted to address the problems with the Articles of Confederation, which established a firm league of friendship between the States, and vested most power in a Congress of the Confederation. This power was limited as the central government was entirely dependent on the States themselves for the money necessary to operate.

The Constitutional Convention aimed to create a government with enough power to act on a national level, but without so much power that fundamental rights would be at risk. This was achieved by separating the power of government into three branches (executive, legislative and judicial) and including checks and balances on those powers to ensure no one branch of government gained supremacy.

The Constitution was ratified in 1789 and has since been amended 27 times. The process for making amendments is quite onerous. An amendment may be proposed by a two-thirds vote of both Houses of Congress, or by a convention called for that purpose if two-thirds of the States request one. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification.

The Constitution is written in the hand of a delegate from Pennsylvania, Gouverneur Morris, and is the oldest and longest-standing written and codified national constitution in force in the world.

The Legislative Branch

The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. In addition, there are 6 non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other territories of the United States. The presiding officer of the chamber is the Speaker of the House, elected by the Representatives. Members of the House are elected every two years and must be 25 years of age, a US citizen for at least seven years, and a resident of the state (but not necessarily the district) they represent.

The House has several powers assigned exclusively to it, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie.

The Senate is composed of 100 Senators, 2 for each state. Senators must be 30 years of age, US citizens for at least nine years, and residents of the state they represent. The Vice President of the United States serves as President of the Senate and may cast the decisive vote in the event of a tie in the Senate.

The Senate has the sole power to confirm those of the President's appointments that require consent, and to ratify treaties. There are, however, two exceptions to this rule: the House must also approve appointments to the Vice Presidency and any treaty that involves foreign trade. The Senate also tries impeachment cases for federal officials referred to it by the House.

In order to pass legislation and send it to the President for his signature, both the House and the Senate must pass the same bill by majority vote. If the President vetoes a bill, Congress may override his veto by passing the bill again in each chamber with at least two-thirds of each body voting in favor.

The first step in the legislative process is the introduction of a bill to Congress. Anyone can write it, but only members of Congress can introduce legislation. Some important bills are traditionally introduced at the request of the President, such as the annual federal budget. During the legislative process, however, the initial bill can undergo drastic changes. After being introduced, a bill is referred to the appropriate committee for review. There are 17 Senate committees, with 70 subcommittees, and 23 House committees, with 104 subcommittees. The committees are not set in stone, but change in number and form with each new Congress as required for the efficient consideration of legislation. Each committee oversees a specific policy area, and the subcommittees take on more specialized policy areas.

A bill is first considered in a subcommittee, where it may be accepted, amended, or rejected entirely. If the members of the subcommittee agree to move a bill forward, it is reported to the full committee, where the process is repeated again. Throughout this stage of the process, the committees and subcommittees call hearings to investigate the merits and flaws of the bill. They invite experts, advocates, and opponents to appear before the committee and provide testimony, and can compel people to appear using subpoena power if necessary.

If the full committee votes to approve the bill, it is reported to the floor of the House or Senate, and the majority party leadership decides when to place the bill on the calendar for consideration. If a bill is particularly pressing, it may be considered right away. Others may wait for months or never be scheduled at all.

When the bill comes up for consideration, the House has a very structured debate process. Each member who wishes to speak only has a few minutes, and the number and kind of amendments are usually limited. In the Senate, debate on most bills is unlimited — Senators may speak to issues other than the bill under consideration during their speeches, and any amendment can be introduced. Senators can use this to filibuster bills under consideration, a procedure by which a Senator delays a vote on a bill — and by extension its passage — by refusing to stand down. A supermajority of 60 Senators can break a filibuster by invoking cloture, or the cession of debate on the bill, and forcing a vote. Once debate is over, the votes of a simple majority pass the bill.

A bill must pass both houses of Congress before it goes to the President for consideration. Though the Constitution requires that the two bills have the exact same wording, this rarely happens in practice. To bring the bills into alignment, a Conference Committee is convened, consisting of members from both chambers. The members of the committee produce a conference report, intended as the final version of the bill. Each chamber then votes again to approve the conference report. Depending on where the bill originated, the final text is then enrolled by either the Clerk of the House or the Secretary of the Senate, and presented to the Speaker of the House and the President of the Senate for their signatures. The bill is then sent to the President.

When receiving a bill from Congress, the President has several options. If the President agrees substantially with the bill, they may sign it into law, and the bill is then printed in the Statutes at Large. If the President believes the law to be bad policy, they may veto it and send it back to Congress. Congress may override the veto with a two-thirds vote of each chamber, at which point the bill becomes law and is printed.

Congress, as one of the three coequal branches of government, is ascribed significant powers by the Constitution. All legislative power in the government is vested in Congress, meaning that it is the only part of the government that can make new laws or change existing laws. Executive Branch agencies issue regulations with the full force of law, but these are only under the authority of laws enacted by Congress. The President may veto bills passed by Congress, but Congress may also override a veto by a two-thirds vote in both the Senate and the House of Representatives.

The Executive Branch

The President is elected by the Electoral College, apportioned by population to the 50 states, with one Elector for each member of their congressional delegation (the District of Columbia receives three votes). The President must be at least 35 years of age, be a natural-born citizen, and must have lived in the United States for at least 14 years.

The President has the power to sign legislation into law or to veto bills enacted by Congress, although Congress may override a veto with a two-thirds vote of both houses. The President can issue executive orders, which direct executive officers or clarify and further existing laws. They also have the power to extend pardons and clemencies for federal crimes.

The President is responsible for appointing the heads of the federal agencies, including the Cabinet. The Cabinet is an advisory body made up of the heads of the 15 executive departments. The President also appoints the heads of more than 50 independent federal commissions, such as the Federal Reserve Board, as well as federal judges, ambassadors, and other federal offices.

The Vice President is also part of the Executive Branch, ready to assume the Presidency should the need arise. The Vice President is elected along with the President by the Electoral College. Each elector casts one vote for President and another for Vice President. The Vice President also serves as the President of the United States Senate, where they cast the deciding vote in the case of a tie.

Elections and Voting

The US Constitution, in Article 1, Section 1, states that:

> All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

The US Constitution outlines the structure of the legislative branch, with the Senate and the House of Representatives forming the two chambers of Congress. The Constitution also establishes the process for electing members to these chambers and sets qualifications for representatives and senators.

The House of Representatives

The House of Representatives is composed of members chosen every second year by the people of the various states. The number of representatives from each state is determined based on population, with each state guaranteed at least one representative. To be eligible to serve as a representative, an individual must be at least 25 years old, a US citizen for at least seven years, and an inhabitant of the state they represent when elected.

The House of Representatives has the sole power of impeachment and is responsible for initiating impeachment proceedings against the President, Vice President, or other civil officers. It also plays a crucial role in the legislative process, as all bills for raising revenue must originate in the House.

The Senate

The Senate, on the other hand, is composed of two senators from each state, serving six-year terms. Senators must be at least 30 years old, US citizens for at least nine years, and inhabitants of the state they represent when elected. The Senate has the sole power to try all impeachments, and a two-thirds majority is required for conviction. Additionally, the Senate has the responsibility of providing advice and consent to treaties and certain presidential nominations.

Electoral College

The Constitution establishes the Electoral College as the mechanism for electing the President. Each state appoints a number of electors, equal to the total number of senators and representatives from that state. These electors then cast their votes for President and Vice President. The candidate who receives a majority of electoral votes becomes President, while the candidate with the second-highest number of votes becomes Vice President.

Amendments and Voting Rights

The Constitution has been amended several times to expand voting rights and ensure fair and equal elections. Notable amendments include:

• The 15th Amendment (1870): Granted African American men the right to vote.
• The 19th Amendment (1920): Guaranteed women's right to vote.
• The 24th Amendment (1964): Abolished poll taxes, which had been used to restrict voting rights.
• The 26th Amendment (1971): Lowered the voting age to 18 for all elections.

In addition to constitutional amendments, various federal laws have been enacted to protect voting rights and ensure fair elections, such as the Civil Rights Acts and the Voting Rights Act of 1965. These laws prohibit voter discrimination based on race, colour, or language minority status and require polling places to be accessible to individuals with disabilities.

State and Local Government

At the state level, the process of constitutional law-making can vary, but it typically involves similar steps to those seen at the federal level. State constitutions outline the structure and powers of state governments, and any changes or amendments must follow specific procedures outlined within the constitution itself. For example, a state constitution may require that amendments be approved by a certain percentage of voters in a referendum or by a supermajority vote in the state legislature.

State supreme courts also play a vital role in interpreting state constitutions and ensuring that state laws adhere to constitutional principles. These courts have the power to review state laws and determine their constitutionality, much like the US Supreme Court does at the federal level. When a state law is challenged on constitutional grounds, the state supreme court will examine the state constitution and relevant precedents to make a ruling.

Local governments, including counties, cities, and towns, also operate within the framework set by state constitutions and laws. While they may have their own charters or ordinances that outline their specific powers and responsibilities, these must align with the state constitution and laws. Local governments are typically responsible for more day-to-day governance matters, such as zoning, public safety, and local infrastructure, but they still must operate within the bounds of constitutional law.

In some cases, local governments may have more direct input on the constitutional process. For instance, a state constitution may require that certain amendments specifically address local government powers or that they receive a certain level of support from local governments before enactment. Additionally, local governments can initiate legal challenges to state laws on constitutional grounds, advocating for the unique needs and rights of their communities.

Overall, the process of how a constitution becomes law at the state and local levels involves a complex interplay between the state constitution, state laws, and the powers granted to local governments. While specific processes and structures vary across states, the fundamental principle of constitutional governance remains, ensuring that state and local laws are created and enforced with the consent of the governed.

The Legislative Process

Once a bill is reported to the House, it is placed on one of four calendars of business: the Union Calendar, the House Calendar, the Private Calendar, or the Calendar of Motions to Discharge Committees. The majority of public bills are placed on the Union Calendar. The Speaker may entertain a motion to suspend the rules of the House and pass a public bill or resolution. Sometimes, the Speaker will allow a bill to be considered by unanimous agreement of all members in the House Chamber. Alternatively, a special resolution or "rule" can be obtained from the Committee on Rules to have a measure taken up out of order on its respective calendar or to have it discharged from the committee.

When a bill is called up for consideration, the committee chairman or ranking minority member often introduces the bill, although any member may do so. The bill is then debated, and members may offer germane amendments. After debate has concluded, the previous question is ordered, cutting off all debate, and the bill is voted on. If the bill passes, it is sent to the other chamber to go through a similar process.

Once a bill has passed both chambers of Congress, the differences between the two versions must be resolved. This is typically done by a conference committee, which includes members from both chambers. The conference committee will produce a conference report, which is then sent back to both chambers for a vote. If the conference report passes both chambers, it is sent to the president for approval.

The president can approve a bill and sign it into law, or refuse to approve it and veto it. If the president vetoes a bill, Congress can 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 known as a pocket veto, and it cannot be overridden by Congress.

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