Kara Sears
Creating a law is a complex process that involves many steps and people. In the United States, the lawmaking process typically begins with a bill, which is a proposal for a new law or a change to an existing one. These bills can be drafted by members of Congress, including the Senate and the House of Representatives, or they can be proposed by everyday citizens and advocacy groups. Once a bill is introduced, it is assigned to a committee for review, discussion, and potential revisions. The bill then undergoes a series of deliberations, debates, and votes in both the House and the Senate, where it must be approved in identical form before being sent to the President for approval or veto. This process, known as the legislative process, is designed to allow for input from various parties and safeguard the interests of all Americans.
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What You'll Learn
Anyone can propose a bill
Committees are composed of groups of Congress members who are particularly interested in different topics such as health or international affairs. The committee may choose to hold hearings to better understand the implications of the bill, allowing the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on record. The committee may also refer the bill to one of its subcommittees, which may request reports from government agencies, hold hearings, "mark up" or revise the bill, or report the legislation to the full committee for its consideration. The full committee may then make a recommendation to pass the bill, revise and release the bill, or lay the bill aside.
The bill is then put before that chamber to be voted on. 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. Once both bodies vote to accept a bill, they must work out any differences between the two versions. A bill must be approved by both Chambers of Congress, and when both the Senate and the House have approved a bill in identical form, the bill is sent to the President. If the President approves of the legislation, it is signed and becomes law. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law. If the President opposes the bill, they may veto it, in which case 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.
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Bills are assigned to committees
Once a bill is introduced, it is assigned to a committee. Committees are composed of groups of Congress members with a particular interest in the bill's subject matter, such as health or international affairs. The committee examines the bill and determines its chances of passage by Congress. This is a critical phase in the legislative process, involving intensive scrutiny of the proposed measure and providing a forum for public input.
Committees may hold hearings to better understand the bill's implications, inviting the views of the executive branch, experts, other public officials, supporters, and opponents. If the committee takes no action, the bill is considered "dead." Subcommittees, organised under committees, may be utilised for further specialisation and can request reports, hold hearings, and revise the bill.
The subcommittee then reports to the full committee, which may recommend passing the bill, revising and releasing it, or laying it aside. The bill returns to the full House or Senate for debate and approval, where members can propose amendments. The committee's role is crucial, as it provides an opportunity for thorough investigation and public participation, ensuring that all sides are heard and contributing to the democratic process.
Committees in the House and Senate may also be tasked with determining and recommending changes to existing laws to achieve budgetary constraints under the reconciliation process. This involves reviewing the impact of tax policies and making necessary adjustments. The work of committees is often overlooked but plays a vital role in shaping legislation and ensuring it aligns with the intent of Congress and the needs of those it represents.
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Committees debate and research
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Committees are composed of groups of Congress members with a particular interest in the bill's subject matter, such as health or international affairs. The committee will carefully examine the bill, determine its chances of passage by Congress, and may hold hearings to better understand the implications of the bill. Hearings allow the views of experts, public officials, supporters, and opponents of the legislation to be put forward.
If the committee does not act on a bill, it is considered "dead". Subcommittees, which are organised under committees, may be referred to for further study and hearings. Subcommittees may request reports from government agencies, hold hearings with experts and interested parties, revise the bill, or report the legislation to the full committee.
The full committee may then make a recommendation to pass the bill, revise and release the bill (reporting it out of the committee), or lay the bill aside (tabling the bill). The bill is then returned to the full House or Senate for further debate and approval, where members may propose amendments. The committee phase is perhaps the most important part of the legislative process, involving a tremendous volume of work and providing a forum for the public to be heard.
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Bills are passed to the House and Senate
Bills are first introduced in either the Senate or the House of Representatives, depending on their content. For instance, revenue legislation must originate in the House, while treaties must be approved by the Senate. Once introduced, a copy of the bill is passed to each Senator or Representative, and the bill is assigned to an appropriate committee for research, discussion, and potential changes. The committee will study the bill and may make amendments.
During the general debate on a bill, an accurate account of the time used by each side is kept. The Chairman terminates the debate when all the allotted time has been consumed. After the general debate, the second reading of the bill begins, during which amendments may be offered to specific sections. Under an 'open' amendment process, a Member is permitted five minutes to explain a proposed amendment, after which another Member may speak for five minutes in opposition. This prevents filibuster-like tactics.
Once the bill has been through the committee stage, it is put before the chamber to be voted on. 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. The other body may make further amendments to the bill. Once both bodies have voted 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.
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The President approves or vetoes
The President's role in the legislative process is significant, as they have the power to approve or veto a bill. If a bill is passed in both the Senate and the House, it is then presented to the President of the United States. At this point, the President can choose to approve the bill and sign it into law. If the President approves, the bill officially becomes a law.
However, the President can also refuse to approve a bill, which is called a veto. A veto sends the bill back to Congress, where it can still become a law if two-thirds of both the Senate and the House vote in favour of the bill. This is called overriding the veto. It is quite rare for a law to be enacted over a presidential veto, so Congress usually accommodates the President's position on proposed policies.
There is also a type of veto called a pocket veto, which occurs when the President does not sign off on a bill while Congress is no longer in session. In this case, the bill will be vetoed by default, and Congress cannot override it.
The President also has influence in the earlier stages of the legislative process. They can recommend an annual budget for federal agencies and often suggest legislation. Additionally, the President's Cabinet or the head of an independent agency may transmit a draft of a proposed bill to the Speaker of the House of Representatives and the President of the Senate.
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Frequently asked questions
Any member of Congress – either from the Senate or the House of Representatives – who has an idea for a law can draft a bill. These ideas can also come from everyday citizens and advocacy groups. Once the bill is drafted, it must be introduced.
After a bill is introduced, it is assigned to a committee that will research, discuss, and make changes to the bill. Committees provide the most intensive consideration of a proposed bill, and they also serve as a forum where the public is given the opportunity to be heard.
The committee may choose to hold hearings to better understand the implications of the bill and allow supporters and opponents of the legislation to be heard. The committee may then recommend passing the bill, revising it, or laying it aside. The bill is then returned to the full House or Senate for further debate and approval.
Once the bill is passed by both chambers, it is sent to the President for approval or signature, which if granted, creates a Public Law.
If the President opposes the bill, they may veto it. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law. If Congress adjourns during the ten days and the President does not sign the bill, it is automatically vetoed, also known as a "pocket veto".
