Cameron Miranda
The process by which a law comes into effect varies from country to country and political system to political system. In the United States, a bill is proposed by a sitting member of the U.S. Senate or House of Representatives, or during their election campaign. The bill is then assigned to a committee, which researches, discusses, and makes changes to it. The bill is then put to a vote, and if it passes, it is sent to the other body to undergo the same process. Once both bodies have voted to accept the bill, they must agree on a single version, which is then sent to the president. The president can either approve the bill and sign it into law or veto it. If the bill is vetoed, Congress can override the veto with a two-thirds vote in both the House and the Senate. In some cases, a bill can become a law without the president's signature if Congress is no longer in session. Once a bill becomes a law, it may come into force immediately or at a later date specified in the legislation.
| Characteristics | Values |
|---|---|
| Who creates a law? | Congress |
| Who can propose a law? | A sitting member of the U.S. Senate or House of Representatives |
| What is a proposal for a new law or a change to an existing law called? | A bill |
| What happens once a bill is introduced? | It is assigned to a committee whose members will research, discuss, and make changes to the bill |
| What happens after the committee stage? | The bill is put before that chamber to be voted on |
| What happens 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 |
| What happens 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 |
| What can the president do? | The president can approve the bill and sign it into law, or veto it |
| What happens if the president chooses to veto a bill? | In most cases, Congress can vote to override that veto and the bill becomes a law |
| What is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect called? | Entry into force or commencement |
| What is the point at which such an instrument comes into effect? | It may be set out in the instrument itself, or after the lapse of a certain period, or upon the happening of a certain event |
| What is an example of a certain event? | A proclamation or an objective event, such as the birth, marriage, reaching a particular age or death of a certain person |
| What is the effective date of a bill? | It is usually specified in the bill itself, but if not, it is calculated using default rules |
| What is an example of a default rule for the effective date of a bill? | In the UK, until late in the 18th century, a legal rule interpreted statutes as coming into effect at the start of the legislative session in which they were passed |
What You'll Learn
The role of the president
The President of the United States has a variety of roles and responsibilities when it comes to the creation and enforcement of laws. Firstly, the president can propose ideas for new bills or amendments to existing laws, which can then be introduced to Congress. The president can also make suggestions about areas where new laws are needed. Once a bill has been passed by both bodies of Congress, it is presented to the president for approval. At this stage, the president has the power to veto the bill, which means it will not become a law unless Congress votes to override the veto. However, if the president approves of the bill, they will sign it into law.
The president also has a duty to ensure that laws are "faithfully executed". This means that while the president does not directly enforce the laws, they must ensure that their subordinates in the executive branch execute the laws faithfully and uphold the Constitution. The president has the power to remove executive officers if they abuse their discretion or fail to execute the laws faithfully. This power allows the president to maintain control over the officers and ensure the law is carried out as intended.
In addition, the president can act as a representative of the nation in talks with foreign countries and can enter into treaties with foreign nations, subject to Senate approval. The president can also make nominations for various official positions, including federal judges, the US Attorney General, and Cabinet members, although these nominations must be confirmed by the Senate. The president can also fill vacancies when the Senate is in recess.
During times of war, the president acts as Commander-in-Chief of the armed forces and can call out troops to protect the nation against attacks. The president can also pardon people who have committed federal offences. Overall, the president plays a crucial role in the creation, enforcement, and interpretation of laws, working in conjunction with Congress to ensure the smooth functioning of the legislative process.
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Congress and the lawmaking process
The legislative process begins with a bill, which is a proposal for a new law or a change to an existing one. A bill can be introduced by 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 for study and research. The committee can make changes to the bill and, if released, it is put on a calendar to be voted on, debated, or amended.
If the bill passes by a simple majority in the House of Representatives (218 out of 435), it moves on to the Senate. In the Senate, the bill is assigned to another committee and, if released, is debated and voted on again, this time requiring a majority of 51 out of 100. If the bill passes in the Senate, a conference committee made up of members from both the House and the Senate works to reconcile any differences between the two versions of the bill.
The resulting bill then returns to both the House and the Senate for final approval. If approved by both chambers, the bill is presented to the President, who has the power to approve or veto it. If the President approves, the bill becomes a law. If the President vetoes the bill, Congress can vote to override the veto, and the bill can still become a law. However, if Congress is no longer in session and the bill remains unsigned, it will be pocket-vetoed, and there is no opportunity for Congress to override this.
The House and the Senate have equal legislative authority, but there are some key differences in their lawmaking procedures. 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. The House tends to process legislation through a majority vote, while the Senate favours deliberation and debate prior to voting, giving individual Senators more procedural leverage.
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The bill's journey
The journey of a bill to becoming a law is a complex and lengthy process. In the United States, the legislative branch of the federal government is responsible for making laws, with Congress being the lawmaking body. A bill is a proposal for a new law or a change to an existing one. It can be introduced by a sitting member of the U.S. Senate or House of Representatives, or even be proposed during their election campaign. Additionally, citizens can petition bills by recommending new or amended laws to their Congressional representative.
Once a bill is introduced, it is assigned to a committee, whose members will research, discuss, and make changes to it. The bill is then presented to that chamber for voting. If it passes one body of Congress, it moves to the other body, where it undergoes a similar process of research, discussion, changes, and voting.
After both bodies vote to accept a bill, they must reconcile any differences between the two versions. The chambers then vote on the same version, and if it passes, it is presented to the President. The President can approve and sign the bill into law or choose to veto it. If the President vetoes, Congress can override the veto with a vote, and the bill becomes a law. However, if the President does not sign off on the bill before Congress adjourns, it results in a pocket veto, which cannot be overridden.
The process for a bill to become a law varies across different states and jurisdictions. For example, in Louisiana, the state constitution dictates that laws enacted during a regular session take effect on August 1st of that year, while laws from an extraordinary session take effect 60 days after the final adjournment. Additionally, some bills specify their effective date, such as when Louisiana passed legislation for constitutional carry of concealed weapons, which was set to take effect on July 4th of that year.
In California, the deadline for the Governor to sign or veto a bill is October 11th for bills passed on or before September 11th. If the Governor does not return the bill by this date, it automatically becomes law. Most bills in California do not specify an effective date, and the California Constitution dictates that statutes enacted during a regular session take effect on January 1st of the following year, after a 90-day period from the enactment, unless they are urgency statutes.
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Vetoes and overrides
In the United States, the President has the power to veto a bill, which is a proposal for a new law or a change to an existing law. The President's veto can be overridden by Congress, which is the law-making branch of the federal government. A bill must be passed by both bodies of Congress, the House of Representatives and the Senate, before it can be presented to the President. If the President vetoes the bill, it is sent back to Congress, who can override the veto with a two-thirds majority vote in both bodies. If the veto is overridden, the bill becomes a law.
However, there is a type of veto called a "pocket veto" which cannot be overridden by Congress. This occurs when a bill is not signed off by the President and remains unsigned when Congress is no longer in session.
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The law's number and citation
The laws' number and citation are assigned by the legislative branch of the government, which is the Congress of the United States. The Congress consists of the Senate and the House of Representatives. The Senate numbers bills in sequence starting with number 1, and each number is preceded by the designation "S". House bills are similarly numbered and prefaced by "H.R." Thus, bill number 100 in the Senate is written S. 100, and in the House, H.R. 100.
Joint resolutions, which have the same effect as bills unless they are used to propose amendments to the Constitution, are designated "S.J. Res. ____." Concurrent resolutions, which are designated "S. Con. Res. ____" for Senate concurrent resolutions, are chosen to express the sense of the Congress to the President or other parties.
The legislative process begins with a bill, which is a proposal for a new law or a change to an existing law. A bill can be introduced by a sitting member of the U.S. Senate or House of Representatives, or it can be proposed during their election campaign. Bills can also be petitioned by citizens or citizen 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, which will research, discuss, and make 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. 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, they present it to the President.
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Frequently asked questions
A law comes into effect or commences when it gains legal force and effect. The process for a law to come into effect varies from country to country. In the United States, laws are proposed as bills by members of the House of Representatives or the Senate. These bills are then voted on by both houses of Congress and, if passed, sent to the President for approval. If the President approves the bill, it becomes a law.
Yes, the President can veto a bill, which sends it back to Congress. However, Congress can override the veto with a two-thirds vote in both the House and the Senate, at which point the bill becomes a law.
Yes, a law can be repealed before it comes into effect. For example, in the United States, a bill may pass through all the necessary stages to become an Act, but it may never come into force.
The effective date of a law is usually specified in the law itself. In some cases, a law may come into effect immediately upon receiving the required approval, while in other cases, there may be a delay before the law takes effect. For example, in California, a statute enacted during a regular session typically goes into effect on January 1 following a 90-day period from the date of enactment.
