Why So Few Bills Become Law

The legislative process is long and complicated, with many steps and opportunities for bills to be blocked or altered. Firstly, party politics can affect the number of bills that become laws. For example, a Democratic House and a Republican Senate may disagree over policy, sending a bill back and forth between them. Bills can also be blocked due to a chamber refusing to timetable them. In addition, the President can use vetoes to block laws they don't agree with. Congress can override regular vetoes with a two-thirds majority, but this is not possible with a pocket veto, which occurs when Congress adjourns before the ten-day period for the President to sign or veto a bill.

Party politics

In recent years, the Republicans have been using the Hastert rule, blocking any bills that don't have a GOP majority from being voted on. For example, in 2013, the BSEOIM Bill on immigration was blocked due to GOP control of the House. Additionally, conference committees, formed to deal with bills that are sent back and forth between chambers, have the ability to entirely block a bill, preventing many from becoming law.

Bills can be blocked at multiple points

Secondly, bills can be blocked by the committee stage. The Speaker of the House may set time limits on committees, and failure to act on a bill is equivalent to killing it. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members).

Thirdly, bills can be blocked by the conference committee, which is formed to deal with bills that are sent back and forth between the two chambers of Congress. The conference committee has the ability to entirely block a bill, and this can prevent many bills from becoming law.

Finally, bills can be blocked by the President, who can use a veto to block laws that they don't agree with. While Congress can use a two-thirds majority to override regular vetoes, this is not possible with a pocket veto, where Congress adjourns before the ten-day period for the President to sign or veto a bill.

Conference committees can block bills

Conference committees are formed when the House and the Senate disagree on a bill and each chamber has passed its own version. The committee is made up of members from both the House and the Senate, and their task is to negotiate a compromise that can be agreed upon by both chambers. If the committee reaches a compromise, a written report is prepared and submitted to each chamber for approval.

Furthermore, the use of conference committees has declined in recent decades. For example, there were zero conference reports produced by the 117th Congress (2021-2023) and only one in the 118th Congress (2023-2025). This decline could be due to the cumbersome nature of the process or the increasing partisanship in Congress, which makes it difficult to reach compromises.

The President can veto bills

The President of the United States has the power to veto bills passed by Congress. The President can prevent a bill from becoming law by vetoing it. The veto power is defined in Article 1, Section 7 of the US Constitution.

If the President does not approve of a bill, they have the option to not sign it and return it unsigned to the house of Congress in which it originated within ten days, excluding Sundays. The President is constitutionally required to state their objections to the bill in writing, and Congress must then reconsider it. Returning a bill unsigned to Congress constitutes a veto.

If Congress overrides the veto by a two-thirds vote in each house, the bill becomes law without the President's signature. If the veto is not overridden, the bill fails to become law. Historically, Congress has overridden about 7% of presidential vetoes.

If a bill is not signed within the ten days allotted and Congress is still in session, it becomes law without the President's signature. However, if Congress adjourns before the ten days have passed, the bill fails to become law. This procedure is called a pocket veto.

The President may still assert a pocket veto, but they must accompany it with a message setting forth their objections, so there is no confusion as to whether the legislation was vetoed or should have automatically become law.

Congress members vote for their own benefit

Congress members are often accused of voting for their own benefit, and there are several reasons why this might be the case. Firstly, members of Congress enjoy a range of benefits and privileges that are not available to the general public. These include a high salary, with the House Speaker earning $223,500, Majority and Minority Leaders earning $193,400, and regular members earning $174,000. Outside income is restricted to prevent conflicts of interest, but there are significant loopholes in ethics laws that allow powerful members to be employed by federal contractors based in their districts. Members of Congress can also qualify for a pension on top of Social Security, with each year of service adding approximately $2,000 to their annual pension. They also receive benefits such as workers' compensation, subsidised health insurance, and free parking.

Another reason Congress members may be perceived as voting for their own benefit is the way in which they are elected and the nature of the US political system. Members of the House of Representatives are elected every two years and must be 25 years of age, a US citizen for at least seven years, and a resident of the state they represent. This means that Congress members are directly accountable to their constituents, and their re-election prospects may influence how they vote on certain issues. The US political system is largely dominated by two major parties, and this can also impact how Congress members vote. Party loyalty and the desire to maintain power can sometimes override other considerations, leading to votes that benefit a particular party rather than the country as a whole.

Furthermore, the legislative process itself can contribute to the perception of Congress members voting for their own benefit. The introduction of a bill is just the first step, and the bill then goes through a lengthy process of review and amendment by various committees. This provides ample opportunity for Congress members to influence the content of the bill and shape it according to their own interests or the interests of their constituents. The complex nature of the legislative process, with its multiple stages and opportunities for amendment, means that Congress members have significant power to shape the final outcome, which may result in bills that reflect their own interests or those of their political party.

Finally, it is worth noting that the perception of Congress members voting for their own benefit may not always be accurate or fair. The role of a Congress member is complex and involves representing the interests of their constituents, as well as contributing to the law-making process. The nature of representative democracy means that Congress members are expected to advocate for the people they represent, which can sometimes be misinterpreted as voting for their own benefit. However, it is important to recognise that the role of a Congress member involves balancing various interests and priorities, and their decisions may not always be motivated solely by self-interest.

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