Cameron Miranda
Federal law is the body of law created by the federal government of a country. In the United States, Congress is the lawmaking branch of the federal government. The legislative process is a matter about which every person should be well informed in order to understand and appreciate the work of Congress. Congress is composed of the House of Representatives and the Senate, which have some procedural differences. 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 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. If the president chooses to veto a bill, in most cases Congress can vote to override that veto and the bill becomes a law.
| Characteristics | Values |
|---|---|
| Federal law creation | Congress is the law-making branch of the federal government |
| Bill proposal | 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. |
| Bill introduction | Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. |
| Voting | The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. |
| Bill acceptance | Once both bodies vote to accept a bill, they must work out any differences between the two versions. |
| Presidential veto | If the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law. |
| Pocket veto | 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 Congress cannot override this. |
| Legislative process | The legislative process is intended to be well-informed and understood by citizens as one of the foundations of the representative system. |
| Federal government | A federal government is formed when a country has a central government and regional governments, each with constitutionally entrenched powers. |
| Federal law | Federal law is the body of law created by the federal government of a country. |
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What You'll Learn
Federal law is made by Congress
Firstly, a bill is proposed, which is a suggestion for a new law or a change to an existing one. 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 their Congressional representative.
Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes through a similar process in the other body, including research, discussion, changes, and voting. Once both bodies approve a bill, they must work together to reconcile any differences between the two versions.
After passing both bodies of Congress, the bill goes to the President, who can choose to veto it. If the President vetoes the bill, Congress can vote to override the veto, and the bill becomes a law. However, if the President does not sign off on the bill and Congress is no longer in session, the bill will be pocket-vetoed and cannot be overridden.
The legislative process is designed to be inclusive and thorough, allowing ample opportunity for all sides to be heard and make their views known. This process is a foundation of the American representative system, emphasising the protection of minority groups and opinions.
Congress is composed of 435 members elected every two years from the 50 states, with each state having at least one representative. Representatives must be at least 25 years old, have been U.S. citizens for seven years, and be inhabitants of the state they represent.
Federal laws are codified in the United States Code, taking precedence over state laws due to the supremacy clause in the U.S. Constitution.
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Bills become law via the House of Representatives
Congress is the federal government's lawmaking branch. It comprises two bodies: the House of Representatives and the Senate. Both bodies have different procedures, but they are equal in how they function.
The House of Representatives is composed of 435 members, with each representative having one vote. The number of representatives is limited to no more than one for every 30,000 people. To become a representative, one must be at least 25 years old and have been a US citizen for seven years.
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 House of Representatives or 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 whose members will research, discuss, and make changes to the bill. The bill is then put before the chamber to be voted on.
If a 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 vote to accept a bill, they must work out any differences between the two versions. A bill originating in the House of Representatives is designated by "H.R." followed by a number that it retains throughout all its parliamentary stages.
If the president chooses to veto a bill, 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, called a "pocket veto," which cannot be overridden by Congress.
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The Senate has a different process
Congress is the federal government's lawmaking branch. The legislative process is a crucial aspect of the American democratic system, emphasising the protection of minorities and allowing all sides to be heard and express their views. This process differs between the House of Representatives and the Senate.
The idea for a bill can come from a sitting member of the Senate or the House of Representatives, be proposed during an election campaign, or be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. A bill is a proposal for a new law or a change to an existing one. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill then goes before the chamber for a vote. If it passes one body of Congress, it goes through the same process in the other body. Once both bodies approve a bill, they must reconcile any differences between their versions.
The Senate and the House have some procedural differences. While both are equal in how they function, only the House can initiate tax and revenue-related legislation. Conversely, only the Senate can draft legislation related to presidential nominations and treaties. While the House processes legislation through a majority vote, the Senate does so through deliberation and debate before voting.
In the House of Representatives, there are 435 members elected every two years from the 50 states, apportioned according to their total populations. To be a Representative, one must be at least 25 years old, have been a US citizen for seven years, and be an inhabitant of the state they represent when elected. Each Representative has one vote. In contrast, if a vacancy occurs during a term in the Senate, the governor of the state may appoint a successor.
The legislative process is an essential aspect of the federal government, and understanding it is crucial for appreciating the work of Congress and the democratic system in the United States.
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The President can veto a bill
Congress is the federal government's lawmaking branch. 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 that researches, discusses, and makes changes to it. 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.
Congress can override the President's veto by a two-thirds vote of both chambers. 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. This action is called a "pocket veto" and cannot be overridden by Congress. The President may also issue a veto statement or message explaining their reasons for vetoing a bill.
In addition to the President's veto power, some U.S. mayors, county executives, and tribal governments have veto powers. Governors of all 50 states and the five permanently inhabited U.S. territories (Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, American Samoa, and the U.S. Virgin Islands) have veto power over bills passed by their state legislatures. Governors may veto an entire bill or strike/revise parts of a bill without vetoing the entire package.
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The Supreme Court interprets federal law
Congress is the federal government's lawmaking branch. 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 groups. Once a bill is introduced, it is assigned to a committee, researched, discussed, and voted on. If it 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. If the president chooses to veto a bill, Congress can usually vote to override the veto. However, if the president does not sign off on a bill and Congress is no longer in session, the bill will be pocket vetoed and cannot be overridden.
Article III of the Constitution establishes the federal judiciary, including the Supreme Court. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It plays an important role in ensuring that each branch of the government recognizes its power limits. It also protects civil rights and liberties by striking down laws that violate the Constitution.
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors. The Court has appellate jurisdiction on almost any other case involving a point of constitutional and/or federal law. For example, cases where the United States is a party, cases involving treaties, and admiralty cases. When exercising its appellate jurisdiction, the Court has the discretion to decide whether or not to hear a case.
State courts interpreting federal law are bound by applicable federal court precedents and subject to review by the Supreme Court. This rule dates back to the Judiciary Act of 1789, which authorized the Supreme Court to review certain decisions of the states' highest courts involving the Constitution, treaties, or federal law. In Cohens v. Virginia, individuals convicted under Virginia state law argued that their convictions violated federal law. The Supreme Court has also held that an Act of Congress that contradicts the Constitution cannot stand and has established its authority to strike down state laws found to be unconstitutional.
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Frequently asked questions
Federal law is the body of law created by the federal government of a country.
Congress is the lawmaking branch of the federal government in the US.
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 that researches, discusses, and makes changes to it. 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 go through a similar process. Once both bodies vote to accept a bill, they must work out any differences between the two versions. If the president chooses to veto a bill, in most cases Congress can vote to override that veto and the bill becomes a law.
Most laws are eventually incorporated into the U.S. Code.
The federal courts, particularly the Supreme Court, are designed to be an intermediate body between the people and their legislature. The courts interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress. If a law passed by Congress conflicts with the Constitution, the Constitution is preferred over the statute.
