Gavin Howe
The government can pass non-binding resolutions, which are not laws but express the opinion of the legislative body. These resolutions do not have the force of law and are often used to express the sense of the chamber, commemorate an event or honour an individual. Additionally, Executive Branch agencies can issue regulations with the force of law, but these are authorised by laws enacted by Congress. Congress, as the law-making branch of the federal government, has the sole authority to enact legislation and declare war, as well as the power to confirm or reject presidential appointments.
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What You'll Learn
Bills not involving government costs
In the United States, bills that do not involve government costs are known as "unfunded mandates". These are bills that impose financial requirements or obligations on state, local, or tribal governments without providing funding for their implementation. The Unfunded Mandates Reform Act of 1995 established requirements and a unique point of order for congressional committees dealing with such mandates.
The Congressional Budget Office (CBO) plays a crucial role in assessing the budgetary impact of proposed legislation. Each year, the CBO provides Congress with hundreds of formal cost estimates, analysing the potential effects of bills on the federal budget. These estimates are made available to the public and include descriptions of the legislation, statements of estimated budgetary impact, and explanations for those estimates.
The CBO's cost estimates consider a range of factors, including administrative and judicial actions, revenue effects from governmental receipts such as fees and fines, and direct (mandatory) spending on entitlement programs and payments to individuals, businesses, and other entities. For legislation involving the Internal Revenue Code, the CBO incorporates estimates from the Joint Committee on Taxation.
Additionally, the CBO provides data and information to Appropriations Committees, helping to craft appropriation bills and distribute reports on budgetary effects to Congress. The CBO's work ensures transparency and accountability in the legislative process, particularly regarding the financial implications of proposed bills.
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Congressional hearings
The process of a congressional hearing typically involves oral testimony from witnesses, who present summaries of their written statements. Committee members then question the witnesses to gather information and support future actions. These witnesses can include experts from universities, policy research institutes, law firms, trade associations, and non-governmental organizations (NGOs). Ordinary citizens with relevant experiences or those impacted by proposed policies may also be invited to share their perspectives.
Hearings can be classified into various types, including confirmation hearings, legislative hearings, oversight hearings, investigative hearings, or a combination of these categories. For instance, confirmation hearings are unique to the Senate and involve confirming presidential nominations. Legislative hearings focus on proposed legislation, while oversight hearings examine the implementation and impact of existing laws and policies. Investigative hearings delve into specific issues, incidents, or concerns, such as the liquid pipeline explosion in Bellingham, Washington, or the review of National Laboratories' compliance with Department of Energy standards.
Additionally, there are field hearings, which are held outside of Washington, D.C., and ad-hoc hearings, which can be called by any member of Congress to address a particular topic. Shadow hearings, a type of ad-hoc hearing, are conducted by the minority party to promote their views. Hearings are announced at least one week in advance, with notices published in the Congressional Record, on the Senate's website, and other official channels.
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Bills petitioned by citizens
In the United States, bills can be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. This is part of the legislative process, which begins with the introduction of a piece of legislation by any member of Congress. After a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to the bill. 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, after which the two bodies must work out any differences between the two versions. If the bill passes in both chambers, it is sent to the President for review. A bill becomes law if signed by the President or if not signed within 10 days while Congress is in session.
In the UK, citizens can petition against a Private Bill if they are "specially and directly affected" by it. A petition against a Private Bill is a document outlining how the petitioner is affected by the Bill and why they think it shouldn't be proceeded with or how they would like it altered. Petitions can be presented during set periods at the beginning of a bill's passage through each House, and there are different formats for petitions in the Commons and the Lords. The Court of Referees in the House of Commons decides whether a petitioner can give evidence to a Select Committee on a Bill.
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Amendments to bills
In the United States, the legislative process involves the introduction, consideration, and enactment of bills into law. A bill is a proposal for a new law or a change to an existing law. It can be introduced by any member of the U.S. Senate or House of Representatives, or even be proposed during their election campaign.
Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. This committee can be the Rules Committee, which governs the procedures and rules under which the bill will be considered by the House. The committee can also be bypassed in certain ways, such as by suspending the rules with a 2/3 vote or through a discharge petition.
After the committee stage, the bill is reported back to the House and voted on. If substantial amendments are made, the committee can introduce a "clean bill" that includes these amendments, discarding the old bill. The chamber must approve, change, or reject all committee amendments before conducting a final passage vote.
If the bill passes one body of Congress, it goes to the other body (either the House or Senate) to undergo a similar process of research, discussion, changes, and voting. If both bodies pass the same bill, it is sent to the President for review and signature to become law. However, if they pass different bills, they are sent to a Conference Committee to work out the differences and reach a compromise.
This process showcases how amendments play a crucial role in the legislative journey of a bill. Amendments can be substantial, leading to the introduction of a new "clean bill," and they must be germane to the subject of the bill. The ability to amend bills allows for flexibility and ensures that diverse perspectives are considered during the law-making process.
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Presidential nominations
The US Constitution's Appointments Clause empowers the president to nominate and appoint public officials with the advice and consent (confirmation) of the US Senate. The president can appoint inferior officers when Congress has "by Law vest [ed]" that power in the president. The Appointments Clause distinguishes between officers of the United States who must be appointed with the advice and consent of the Senate, and those who may be specified by acts of Congress.
The president nominates and appoints ambassadors, Cabinet secretaries, federal judges, and the US Attorney General. The Senate must confirm certain principal officers, including ambassadors, Cabinet secretaries, and federal judges. However, Congress may by law invest the appointment of "inferior" officers to the President alone, or to courts of law or heads of departments.
The Supreme Court has held that only those appointees "exercising significant authority pursuant to the laws of the United States" are "Officers of the United States", and hence it is only those who exercise such "significant authority" who must be appointed by a mechanism set forth in the Appointments Clause. The Court has also interpreted "Heads of Departments" to refer "to executive divisions like the Cabinet-level departments".
In addition to the power to nominate and appoint public officials, the president also has the power to veto a bill passed by Congress. 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, which is called a pocket veto, and cannot be overridden by Congress.
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Frequently asked questions
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. Once introduced, a bill is assigned to a committee, which researches, discusses, and makes changes to it. The bill then goes through a process of research, discussion, changes, and voting in both the House and the Senate. If the bill passes in both chambers, it is sent to the President for review. A bill becomes law if the President signs it or does not veto it within 10 days while Congress is in session.
Executive Branch agencies can issue regulations with the force of law, but these are authorized by laws enacted by Congress. The President can also veto bills passed by Congress, but Congress can override this with a two-thirds vote in both the Senate and the House of Representatives.
The Legislative Branch, consisting of the House of Representatives and the Senate, has several other functions. It has the sole authority to declare war, confirm or reject Presidential appointments, and conduct oversight of the Executive Branch. The House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Government Affairs are devoted to overseeing and reforming government operations.
