Cecily Zamora
The federal government of the United States creates laws through a process that involves Congress, the House of Representatives, and the Senate. Congress is the lawmaking branch of the federal government, and it is responsible for creating national law, subject to the limitations set in the Constitution. The legislative process is designed to allow all sides to be heard and make their views known, with a bill requiring consideration and approval by both Houses of Congress before it can become a law. This process includes research, discussion, and changes to the bill by assigned committees. The House of Representatives and the Senate have different procedures, with the House initiating tax and revenue-related legislation and the Senate drafting laws related to presidential nominations and treaties. The federal courts interpret the Constitution's meaning and can rule on the constitutionality of laws passed by Congress.
| Characteristics | Values |
|---|---|
| Lawmaking branch | Congress |
| Legislative process | A bill is proposed, assigned to a committee, researched, discussed, changed, and voted on by the House of Representatives and the Senate, then any differences between the two versions are worked out |
| Legislative proposal sources | A sitting member of the U.S. Senate or House of Representatives, during an election campaign, or petitioned by people or citizen groups |
| Legislative checks and balances | The executive branch can choose how to enforce the law within limits set by Congress; federal courts can rule that Congress acted outside of the limitations of the Constitution; people can elect new representatives and senators |
| Law types | Statutory law, regulations (administrative law/rules), temporary laws, laws affecting a few people, laws created by parts of the government other than Congress |
| Law codification | Laws of a general and permanent nature are incorporated into the United States Code |
| Law enforcement | The executive branch of the federal government, which includes the President and some federal agencies |
| Law funding | Congress decides whether to provide funding for federal programs |
| Law jurisdiction | The number, jurisdiction, and composition of federal courts below the Supreme Court are set by laws made by Congress |
| Law interpretation | Courts interpret the Constitution's meaning, as well as the meaning of laws passed by Congress |
| Law impeachment | Congress can remove judges through impeachment and conviction |
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What You'll Learn
The legislative process
Congress is the first branch of government created by the Constitution and is primarily responsible for creating national law, subject to the limitations set in the Constitution. Congress is made up of two chambers: the House of Representatives and the Senate, which are filled by direct election by the American public. Each Senator and Representative has one vote. A Representative must be at least 25 years old, have been a citizen of the United States for seven years, and be an inhabitant of the state they represent when elected. In the case of a vacancy, the process differs between the House and the Senate. For the House, a special election must be called, whereas in the Senate, a successor may be appointed by the governor.
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 Senate or House of Representatives, be proposed during an election campaign, or be petitioned by citizens or citizen groups. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The committee must also cite the specific powers granted to Congress in the Constitution to enact the law proposed by the bill. 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. Once both bodies accept a bill, they must work out any differences between the two versions.
The House and Senate have some procedural differences. While both are equal in how they function, only the House can initiate tax and revenue-related legislation, and only the Senate can draft legislation related to presidential nominations and treaties. The House processes legislation through a majority vote, while the Senate does so through deliberation and debate before voting.
Once a bill has passed both chambers of Congress, it becomes a law. However, the President can choose to veto a bill. If this happens, Congress can vote to override the veto, and the bill becomes a law. 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 House of Representatives
Congress is the federal government's law-making branch, and it is made up of two chambers: the House of Representatives and the Senate. The House of Representatives is composed of 435 members, elected every two years from among the 50 states, with each state apportioned a number of representatives based on its total population.
A bill, or proposal for a new law or change to an existing law, can be introduced by a sitting member of the House of Representatives. Once introduced, a bill is assigned to a committee that researches, discusses, and makes changes to it. The bill is then put to a vote, and if it passes, it goes to the other body (in this case, the Senate) to undergo a similar process of research, discussion, changes, and voting. If both the House of Representatives and the Senate vote to accept a bill, they must reconcile any differences between the two versions.
A Representative 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. If a Representative dies or resigns during their term, the executive authority of the state must call a special election to choose a successor to serve the remainder of the term.
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The Senate
Congress is the law-making branch of the federal government in the United States. It is made up of two chambers: the House of Representatives and the Senate. Each state has two Senators serving simultaneously, one of whom is referred to as the "senior" Senator and the other as the "junior" Senator. Senators are elected by the American public, and each has one vote.
The legislative process in the Senate differs from that of the House of Representatives. While both chambers are equal in terms of their functions, there are some procedural differences. For example, only the House can initiate tax and revenue-related legislation, while only the Senate can draft legislation related to presidential nominations and treaties. Additionally, the House processes legislation through a majority vote, whereas the Senate does so through deliberation and debate prior to voting.
A bill, which is a proposal for a new law or a change to an existing law, can be introduced by a sitting member of the Senate. 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 for a vote. If the bill passes in one body of Congress, it goes through a similar process in the other body. Once both bodies accept a bill, they must work out any differences between their two versions.
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Presidential nominations
The federal government of the United States is divided into three branches: the legislative, the executive, and the judiciary. The legislative branch, or Congress, is responsible for making 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 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, which researches, discusses, and makes changes to the bill before putting it 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 have voted to accept a bill, they must work out any differences between the two versions. Finally, the bill is sent to the president, who may sign it into law or veto it. If the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law.
The Senate and the House of Representatives have some procedural differences in how they process legislation. While both are equal in their functions, there are some matters that fall exclusively under the purview of one or the other. For instance, only the House can initiate tax and revenue-related legislation, and only the Senate can draft legislation related to presidential nominations and treaties.
The Senate has typically granted presidents a great deal of deference in selecting members of their cabinets. The overwhelming majority of cabinet nominations have been confirmed quickly with little debate and often with simple voice votes. Nevertheless, political and partisan conflicts between the president and senators have at times produced dramatic fights over cabinet nominees and led to their ultimate withdrawal or rejection. For example, when opponents of President Andrew Jackson gained a Senate majority in 1833, the Senate rejected Jackson's choice for secretary of the treasury, Roger B. Taney. When Vice President John Tyler became president in 1841, he clashed with Senate Whigs, who rejected his nominees to head the Treasury, Navy, and War Departments. On three occasions in the 20th century, the Senate formally rejected proposed cabinet officers.
In the years following the Civil War, Republicans in the Senate sought to weaken President Andrew Johnson's power over the executive branch by making it illegal for him to remove cabinet officers without Senate approval. Johnson's flouting of this law, the Tenure of Office Act, became the catalyst for House impeachment articles in 1868. Closer scrutiny by the Senate of cabinet nominees in the late 20th and early 21st centuries has resulted in some nominations being withdrawn before formal action was taken by the Senate.
The Appointments Clause of the Constitution requires that principal officers be selected by the President with the advice and consent of the Senate. Principal officers include Ambassadors, other public ministers and consuls, Judges of the Supreme Court, and all other Officers of the United States. Inferior officers, on the other hand, are those whose appointment Congress may place with the President, judiciary, or department heads. An example of an inferior officer is a successor to a Senator who has died or resigned during their term. In such cases, the governor of the state typically appoints a successor until the next election, at which time a successor is elected for the balance of the term.
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Federal agencies
When federal agencies create regulations, they must follow a process prescribed by Congress. This typically includes a public comment period in which Americans and American businesses provide expertise to federal agencies about how the regulation would affect them. Agencies are legally required to consider this input before finalizing the regulation.
Congress can also decide whether to provide funding for federal programs and can remove the authority on which regulations are based. The federal courts can rule that a regulation was made outside of the authority delegated by Congress.
The legislative process is an important part of the American democratic way of life. It emphasizes the protection of the minority and allows all sides to be heard and make their views known. A proposal cannot become a law without consideration and approval by both Houses of Congress.
Congress is made up of two chambers: the House of Representatives and the Senate. The House and the Senate have some procedural differences. For example, only the House can initiate tax and revenue-related legislation, while only the Senate can draft legislation related to presidential nominations and treaties.
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Frequently asked questions
Congress is the first branch of government created by the Constitution and is primarily responsible for creating national law.
A bill is a proposal for a new law or a change to an existing law. Once introduced, it is assigned to a committee, which 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. Once both bodies accept a bill, they must work out any differences between the two versions. If the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law.
Laws of a general and permanent nature are incorporated into the United States Code. Examples include the Privacy Act, which gives citizens the right to see and correct their information kept on file by the federal government, and the Thirteenth Decennial Census, which established the permanent number of 435 members in the House of Representatives.
The federal courts can rule that Congress acted outside of its constitutional authority when enacting a law. Congress can also change the law on which a court order was based. The people of the United States can elect new representatives and senators in the next election.
