Keith Mack
The United States Congress is made up of the House of Representatives and the Senate, which together form the Legislative Branch of the federal government. Congress has the sole authority to enact legislation and declare war, and it plays a role in confirming or rejecting many presidential appointments. A bill must pass both houses of Congress before it goes to the President for consideration. The President can then choose to approve and sign the bill into law, or veto it. If the President vetoes a bill, Congress can vote to override the veto with a two-thirds majority in both the Senate and the House of Representatives. The legislative process is designed to protect the minority and allow all sides to be heard, with ample opportunity to make their views known.
| Characteristics | Values |
|---|---|
| When a bill becomes a law | When the President approves and signs it into law |
| When the President does not act within 10 days and Congress is in session | |
| When Congress overrides a veto by a two-thirds vote in both the Senate and the House of Representatives | |
| When a bill is vetoed | When the President vetoes a bill |
| When the President does not sign off on a bill and it remains unsigned when Congress is no longer in session (pocket veto) | |
| When the President does not act and Congress adjourns before 10 days are up | |
| Who can initiate legislation | Only the House can initiate revenue legislation |
| Only the Senate can draft legislation related to presidential nominations and treaties | |
| Only the House can originate tax legislation | |
| Who can confirm presidential nominations | Only the Senate confirms presidential nominations |
| Who can approve treaties | Only the Senate approves treaties |
| Who can impeach | The House of Representatives presents the charges and the Senate tries the impeachment |
| Who can elect the President | The House of Representatives chooses the President from among the three candidates with the largest number of electoral votes if no candidate receives a majority of the total electoral votes |
| Who can confirm the Vice-President | A vote in each House is required to confirm the President's nomination for Vice-President |
| Who can declare war | Congress has the sole authority to declare war |
| Who can amend a bill | Amendments may be offered during a debate with little or no prior formal preparation |
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What You'll Learn
The House of Representatives and the Senate must pass a bill
The United States Congress is made up of two chambers: the House of Representatives and the Senate. Together, they form the Legislative Branch of the federal government, which is established by Article I of the Constitution. The Legislative Branch is one of the three coequal branches of government, and it is the only branch with the power to make new laws or change existing ones.
Once a bill has passed in one chamber, it must then pass in the other chamber in the same form before it can be sent to the President. This rarely happens in practice, and a Conference Committee is usually convened to bring the bills into alignment. The committee produces a conference report, which is intended to be the final version of the bill. Each chamber then votes again to approve this report.
The President has several options when receiving a bill from Congress. They can approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the President chooses to veto a bill, Congress can vote to override the veto, and the bill will become a law. However, if Congress is not in session and the President takes no action on the bill, it will be vetoed by default, which is known as a pocket veto, and cannot be overridden.
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The President can veto a bill
In the United States, the President can veto a bill passed by Congress to prevent it from becoming a law. The President has 10 days to decide whether to approve and sign a bill into law or veto it. If the President chooses to veto a bill, they must return it unsigned to the house of the United States Congress in which it originated, while Congress is in session, along with a veto statement outlining their objections in writing.
If Congress receives the President's veto before adjourning, they can override it by a two-thirds vote of both chambers, and the bill will become a law. However, if the President does not sign the bill and Congress adjourns before the ten-day period is up, the bill is pocket vetoed, and cannot be overridden by Congress.
The presidential veto power was first exercised by President George Washington in 1792 when he vetoed a bill outlining a new apportionment formula. While the veto power is a significant check on Congress's legislative power, it is not absolute. Congress can override vetoes, and the President's objections must be stated in writing.
In addition to the presidential veto, some state and territorial governors, mayors, and county executives have veto power over legislation within their jurisdictions. Governors in some states also have additional veto powers, such as line-item, amendatory, and reduction vetoes, allowing them to strike or revise parts of a bill without vetoing it in its entirety.
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Congress can override a presidential veto
The legislative process in the United States involves multiple steps, starting with an idea for a new law, which is then written into a bill. Members of Congress, which includes the House of Representatives and the Senate, propose and debate bills. Once a bill is approved by a majority in both houses of Congress, it is sent to the president.
The president can approve the bill and sign it into law. Or, the president can refuse to approve a bill, which is called a veto. When the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law. This process is known as a veto override and it requires a two-thirds majority vote in both the House and Senate, showcasing Congress's ability to collectively assert its will, even against presidential disapproval. This authority to override a presidential veto is a manifestation of the system of checks and balances, which prevents any single branch of the U.S. government from becoming too powerful.
It is important to note that Congress does not override vetoes often. Historically, Congress has overridden about 7% of presidential vetoes. Additionally, 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. This action is called a pocket veto, and it cannot be overridden by Congress.
In addition to the president's veto power, all 50 state governors have the power to veto bills passed by their state legislatures. This power also extends to the governors of the five permanently inhabited US territories: Guam, the Commonwealth of the Northern Mariana Islands (CNMI), Puerto Rico, American Samoa, and the United States Virgin Islands (USVI).
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Amendments can be made to a bill
The committee staff will also prepare a written report explaining why they favor the bill and why they wish to see their amendments adopted. Committee members who oppose a bill may write a dissenting opinion in the report. The report is sent back to the chamber, which must approve, change, or reject all committee amendments before conducting a final passage vote.
Amendments to a bill can be offered during a debate, with little or no prior formal preparation. An amendment may insert new language, substitute different words, or delete portions of the bill. Amendments offered from the floor are sometimes written in longhand. Each amendment must be inserted in the proper place in the bill, with spelling and punctuation exactly as adopted by the House.
The rules governing the procedures under which a bill is considered by the House can have a significant impact on whether amendments are allowed. For example, a "closed rule" sets strict time limits on debate and forbids the introduction of amendments. However, the rules committee can be bypassed in several ways, including suspending the rules (which requires a two-thirds vote) or filing a discharge petition.
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The President can suggest legislation
The President can play a role in suggesting legislation. While Congress is the sole body that can enact legislation, the President has influence in the legislative process. The President can recommend an annual budget for federal agencies and often suggests legislation. The President's power to veto legislation can also significantly affect the content of bills passed by Congress. It is uncommon for a law to be enacted over a presidential veto, so Congress usually accommodates the President's position on proposed policies.
The President has several options when receiving a bill from Congress. If the President agrees with the bill, they can sign it into law. If the President does not approve of the bill, they can veto it. In most cases, 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 pocket vetoed by default, and Congress cannot override this.
Additionally, if Congress is in session and the President takes no action within ten days of receiving a bill, the bill becomes law. On the other hand, if Congress adjourns before the ten days are up and the President has taken no action, the bill dies, and Congress must restart the legislative process if they still want to pass the legislation.
It is important to note that not all types of legislation require the President's signature to become law. Simple resolutions, for example, address matters within the purview of one house and do not require presidential approval. Concurrent resolutions must be passed in the same form by both houses but also do not require the President's signature or have the force of law.
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Frequently asked questions
The legislative branch is made up of the House of Representatives and the Senate, also known as Congress.
Congress is the only government body that can make new laws or change existing ones. A bill must pass both houses of Congress before going to the President for consideration.
A bill must pass both houses of Congress, then be presented to the President. The President can approve and sign the bill into law, or veto it. If the President vetoes, Congress can vote to override the veto, and the bill becomes a law.
Yes, in a process known as a 'pocket veto'. If Congress is in session and the President takes no action within 10 days, the bill becomes law. However, if Congress adjourns before the 10 days are up, the bill dies and cannot be overridden.
The House and the Senate have different procedural methods. The House processes legislation through a majority vote, while the Senate deliberates and debates before voting. Only the House can initiate tax and revenue-related legislation, while only the Senate can draft legislation related to presidential nominations and treaties.
