Keith Mack
The legislative branch of the US government, Congress, is responsible for creating and modifying laws. 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 US 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, which will research, discuss, and make 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 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. Then, both chambers vote on the same version of the bill, and if it passes, it is presented to the president. The president can approve the bill and sign it into law, or refuse to approve it, which is called a veto. If the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law.
| Characteristics | Values |
|---|---|
| Who can propose a bill? | 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. |
| Who introduces a 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 a bill to a committee? | The Speaker of the House or the presiding officer in the Senate |
| Who can be on a committee? | Groups of Congress members who are particularly interested in different topics such as health or international affairs |
| Who can be on a subcommittee? | N/A |
| Who votes on a bill? | Members of the full chamber |
| Who reviews a bill after the House? | The Senate |
| Who decides whether a bill becomes a law? | The President |
What You'll Learn
Legislative branch
The Legislative Branch is one of the three coequal branches of the US government, alongside the Executive and Judicial branches. The US Constitution grants the Legislative Branch the authority to make laws. The Legislative Branch is comprised of the House of Representatives and the Senate, which together form the United States Congress.
The process of passing a bill begins with the introduction of a bill to Congress. A bill is a proposal for a new law or a change to an existing law. Anyone can write a bill, but only members of Congress can introduce legislation. Bills can be introduced by a sitting member of the US Senate or House of Representatives, or they can 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 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 in 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. Then both chambers vote on the same version of the bill. If it passes, they present it to the president for their signature.
The president can choose to sign the bill into law, or they can veto it. If the president chooses to veto a bill, Congress can vote to override that veto with a two-thirds majority in both the House and the Senate, 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 pocket vetoed by default, and this cannot be overridden by Congress.
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Congress
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 US 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 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. 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 approve the bill and sign it into law, or refuse to approve it by vetoing. If the president chooses to veto, 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", which cannot be overridden by Congress.
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Committees
The committee process can be broken down into several steps:
Referral to Committee:
The Speaker of the House or the presiding officer in the Senate refers the bill to the appropriate committee. In some cases, the House or Senate parliamentarian makes the actual referral decision. Bills may be referred to multiple committees, and they can be split so that different parts are sent to different committees. The Speaker of the House may also set time limits for committees to review the bill.
Subcommittee Review:
Committee Hearings:
Mark-up Session:
Once hearings and subcommittee review are completed, the committee will meet to make revisions and additions to the bill. If substantial amendments are made, the committee can introduce a "clean bill" that includes these proposed changes. This new bill will have a new number and will be sent to the floor, while the old bill is discarded.
Committee Vote:
After the mark-up session, the committee will vote on whether to report the bill to the full chamber. If the committee votes against reporting the bill, it dies. If they vote in favor, the bill is reported to the floor, and this procedure is known as "ordering a bill reported."
Committee Report:
After the committee votes to report the bill, its staff prepares a written report explaining why they favor the bill and why they wish to see their amendments adopted. Committee members who oppose the bill may write a dissenting opinion in the report. This report is sent back to the full chamber and placed on the calendar for further consideration.
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President
In the United States, the President has the power to approve or reject a bill, thereby influencing whether it becomes a law. Once a bill has been introduced, assigned to a committee, researched, discussed, and voted on by both the House of Representatives and the Senate, it is presented to the President for review.
The President has three options: they can approve the bill and sign it into law; they can veto the bill, sending it back to Congress with a statement outlining their reasons for doing so; or they can choose not to sign the bill, resulting in a pocket veto.
If the President approves the bill and signs it, it becomes a law. If they veto the bill, Congress can attempt to override the veto by holding another vote. If two-thirds of both the House and the Senate support the bill, the veto is overridden, and the bill becomes a law.
However, if Congress is unable to override the veto, the bill does not become a law. Additionally, if the President chooses not to sign the bill and Congress is no longer in session, the bill will be pocket vetoed and cannot be overridden.
Therefore, while the President does not solely decide if a bill becomes a law, their approval is a crucial step in the legislative process. Their decision can be overridden by Congress, but their veto power allows them to significantly influence the outcome.
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Veto
The power to veto is a key tool of the executive branch in the legislative process. It allows a unilateral stop to an official action, most commonly a bill becoming a law. The word "veto" comes from the Latin for "I forbid".
In the United States, the President has the power to veto a bill, which is then sent back to Congress with a note listing their reasons for doing so. This is known as a direct veto. If the President chooses not to sign a bill into law, and Congress is no longer in session, the bill will be vetoed by default, known as a "pocket veto". This type of veto cannot be overridden by Congress.
However, if the President does veto a bill, Congress can vote to override that veto, and the bill will become a law. This requires a two-thirds majority in both the House of Representatives and the Senate.
The veto is a legislative power of the presidency, and a reactive power, as the President cannot veto a bill until it has been passed by Congress. It is a tool to limit the power of a legislative majority.
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Frequently asked questions
The legislative branch, also known as Congress, decides if a bill becomes a law. Congress is made up of the Senate and the House of Representatives.
Any member of Congress can introduce a 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.
After a bill is introduced, it is assigned to a committee. Committees are groups of Congress members who are particularly interested in different topics such as health or international affairs. Committees may choose to hold hearings to better understand the implications of the bill.
Subcommittees are organized under committees and have further specialization on a certain topic. Committees may refer bills to a subcommittee for study and hearings. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee.
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.
