Anaya Nolan
The law-making process varies across different countries and even within different states of the same country. However, there are some commonalities. Typically, a bill is first proposed by a member of the legislature, or a citizen or citizen group. It is then assigned to a committee, which discusses and makes changes to the bill. The bill is then put before the chamber to be voted on. If the bill passes, it goes to the other chamber, where it goes through a similar process. Once both chambers have approved the bill, they must reconcile any differences between the two versions. The bill is then sent to the head of state, who may sign it into law or veto it. If the bill is vetoed, the legislature may attempt to override the veto. If the veto is overridden, the bill becomes a law.
| Characteristics | Values |
|---|---|
| Idea for a bill | Sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign |
| Introduction of a bill | Introduced by a member of Congress |
| Committee | A committee whose members will research, discuss, and make changes to the bill |
| Voting | Put before the chamber to be voted on |
| Passing the bill | If the bill passes one body of Congress, it goes to the other body |
| 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 |
| Amendments | If the Senate makes changes, the bill must return to the House for concurrence |
| Approval | The President then has 10 days to veto the final bill or sign it into law |
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What You'll Learn
A bill is proposed
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. Anyone can propose a bill, but only a member of Congress can draft and introduce one. Bills generally need to be introduced by legislators or by standing committees of the Senate and Assembly. The only exception is the Executive Budget, which is submitted directly by the Governor.
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to it. Committees are organised under broader topics, and bills are often referred to subcommittees for further specialisation. These subcommittees may make changes to the bill and must vote to refer it back to the full committee. The first step in the committee process is to introduce a bill into a committee, where it will be evaluated and discussed. The committee hearings will include a variety of viewpoints on the measure, with witnesses representing different perspectives. After the hearings, the bill is considered in a "'mark-up' session", where amendments may be offered, and committee or subcommittee members vote to accept or reject these changes.
If the committee votes in favour of the bill, it is reported to the floor of the full chamber of Congress, where it will undergo additional debate and voting. The bill is then passed or defeated by the members' voting. If the bill passes one body of Congress, it goes to the other body to undergo a similar process of research, discussion, changes, and voting. This process includes consideration by a Senate committee or subcommittee, similar to the path of a bill in the House.
Once both bodies vote to accept a bill, they must work out any differences between the two versions to ensure the bill is passed in identical form by both houses. This may involve back-and-forth negotiation, with the House accepting or rejecting Senate amendments.
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The bill is assigned to a committee
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Committees are generally introduced by legislators or by standing committees of the Senate and Assembly. The only exception is the Executive Budget, which is submitted directly by the Governor. The committee will meet to ""mark up" the bill, making changes and amendments before recommending it to the "floor".
The committee process typically begins with a public hearing where committee or subcommittee members hear witnesses representing various viewpoints on the bill. After the hearings, the bill is considered in a session known as the "mark-up" session, where amendments may be offered, and members vote to accept or reject these changes. At the conclusion of deliberation, a vote is taken to determine the next course of action. The bill can be reported with or without amendments, or it may be tabled, meaning no further action will be taken, and the bill is effectively "killed".
If the committee approves extensive amendments, they may opt to report a new bill that incorporates all the amendments, known as a "clean bill", which will be assigned a new number. Once the committee votes in favour of the bill, it is reported to the floor. This is known as "ordering a bill reported". The bill then reaches the floor for additional debate, and members of the full chamber vote to approve any amendments. The bill is then either passed or defeated by the members' voting.
If the bill passes one body of Congress, it goes to the other body to undergo a similar process of research, discussion, changes, and voting. If amendments are made, the bill must return to the original body for concurrence or further changes. This negotiation may occur through back-and-forth between the two bodies until an agreement is reached.
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Amendments are made
Amendments are a common feature of the law-making process, allowing for additions or alterations to be made to a bill as it passes through a legislature. They can also be made to existing constitutions and statutes. In the United States, amendments to a bill are often made during the legislative process, which can result in the notable improvement of a bill before it becomes law.
Amendments can be proposed by members of a legislative body, such as the US Senate or House of Representatives, or they can be proposed by citizens or advocacy groups. Once a bill is introduced, it is assigned to a committee that will research, discuss, and make changes to it. Subcommittees, which fall under committees, may also make changes to a bill and must vote to refer it back to the full committee. Once the hearings and subcommittee review are completed, the committee will meet to make any necessary changes and amendments before recommending the bill to the "floor".
When a bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' voting. In the US Senate, measures for consideration can be brought up by a simple unanimous consent request, a complex unanimous consent agreement, or a motion to proceed to the consideration of a measure on the calendar. A unanimous consent agreement, or "time agreement", often limits the amount of debate that will take place and lists the amendments that will be considered.
In the case of amendments to the US Constitution, two-thirds of each house of Congress must approve the amendment, and three-fourths of the states must ratify it. The Archivist of the United States is responsible for administering the ratification process. Once an amendment is ratified by three-fourths of the states, it becomes part of the Constitution.
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The bill is voted on
Once a bill has been introduced, it is assigned to a committee, which researches, discusses, and amends it. The committee may refer the bill to a subcommittee for further study and hearings. The subcommittee may also make changes to the bill and must vote to refer it back to the full committee. The committee will then meet to "'mark up' the bill", making further changes and amendments before recommending it to the "floor".
At this point, the bill is put before the chamber to be voted on. If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported". Once the bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' voting. Votes in the House may be taken by an electronic voting system, which registers each individual member's response, or by voice vote, which does not record individual responses. 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.
In the US, the House processes legislation through a majority vote, while the Senate does so through deliberation and debate prior to voting. If the Senate changes the language of the bill, it must return to the House for concurrence or additional changes. This back-and-forth negotiation may occur on the House floor, with the House accepting or rejecting Senate amendments or complete Senate text. A bill must pass both bodies in the same form before it can be presented to the President for signature into law.
Once both bodies vote to accept a bill, they must work out any differences between the two versions. After a measure has been passed in identical form by both the House and the Senate, it is considered "enrolled". The enrolled bill is sent to the President, who may sign the measure into law, veto it and return it to Congress, let it become law without signature, or, at the end of a session, pocket-veto it. If the President chooses to veto a bill, in most cases, Congress can vote to override that veto, and the bill becomes a law. If both the Senate and the House pass the bill by a two-thirds majority, the President's veto is overruled.
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The bill is signed into law
Once a bill has been introduced, it is assigned to a committee, where it will be researched, discussed, and amended. It is then 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 have voted to accept a bill, they must work out any differences between the two versions. Both chambers then vote on the same version of the bill. If it passes, they present it to the president for review.
The president can choose to veto a bill. If this happens, Congress may attempt to override the veto. If both the Senate and the House pass the bill by a two-thirds majority, the president's veto is overruled, and the bill becomes a law. If the president does not veto the bill, it will automatically become law after 10 days, as long as Congress is still in session. If Congress is no longer in session, the bill will be pocket vetoed, and this cannot be overridden.
If the president approves of the bill, they will sign it into law. A bill can also become law without the president's signature if 10 days pass and Congress is still in session.
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Frequently asked questions
The first step in the law-making process is a public hearing where committee or subcommittee members hear witnesses representing various viewpoints on the bill. After the hearings are completed, the bill is considered in a session known as the "mark-up" session, where amendments may be offered.
After a bill has been passed by the House, it goes to the Senate for consideration. This includes consideration by a Senate committee or subcommittee. The bill must pass both bodies in identical form before it can be presented to the President for signature into law.
If the President vetoes a bill, Congress may attempt to override the veto. If both the Senate and the House pass the bill by a two-thirds majority, the President's veto is overruled, and the bill becomes a law.
