Cameron Miranda
The legislative process is a complex one, and it can be difficult to pinpoint exactly when a law is passed. In the US, a bill must go through several stages before becoming a law. Ideas for bills can come from anyone, and once a bill is drafted, it must be introduced in the House or the Senate, depending on whether a Representative or Senator is the sponsor. The bill then goes through committees and to the floor for a vote, and if it passes, it is sent to the other chamber, where the process is repeated. If the bill passes in identical form in both chambers, it is sent to the President for approval. If the President approves, the bill becomes a law. However, if the President vetoes the bill, Congress may attempt to override the veto with a two-thirds majority vote in both the House and the Senate, and the bill will then become a law. The process can vary, and there are different procedures in places like California, where the Governor has the power to sign or veto a bill, and the Legislature creates laws representing the best interests of citizens within each district.
| Characteristics | Values |
|---|---|
| Number of steps | 9 |
| Source of ideas | Congress members, everyday citizens, advocacy groups, constituents, state legislatures, election campaigns, need for amendment or repeal of existing law, or enactment of a statute in a new field |
| Bill sponsor | Any member of Congress |
| Bill co-sponsors | Other members of Congress who support the bill |
| Bill introduction | House if the sponsor is a Representative, Senate if the sponsor is a Senator |
| Bill approval | Must be approved by both the House and the Senate in identical form |
| President approval | Signed by the President, or not vetoed by the President within 10 days while Congress is in session |
| Veto | Can be overridden by Congress with a two-thirds majority vote in both the House and the Senate |
| Amendments | May be offered during debates, for inserting new language, substituting words, or deleting portions of the bill |
| Bill enactment | Requires both chambers to separately agree to the same bill |
| Bill presentation to President | After both chambers agree to the same bill |
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What You'll Learn
Bills are drafted by members of Congress
Bills are legislative proposals that can be drafted by any member of Congress, including both the Senate and the House of Representatives. These ideas can come from Congress members themselves, everyday citizens, advocacy groups, or constituents. Each legislator is limited to introducing 50 bills per two-year session. Once a bill is drafted, it is sent to the Legislative Counsel, where it is returned to the legislator for introduction. If a Representative is the sponsor, the bill is introduced in the House, and if a Senator is the sponsor, the bill is introduced in the Senate.
The sponsor is the primary Congress member supporting the bill, and any other members who support the bill are called co-sponsors. After a bill is introduced, it can be found on Congress.gov, the official government website that tracks federal legislation. The bill is then presented during a hearing, where people can testify in support or opposition, and the Committee acts on the bill. The Committee can pass the bill, pass it with amendments, or defeat it. Bills that require money must also be heard in the Fiscal Committee, Senate, and Assembly Appropriations.
After the bill is passed by the Committee, it is read a second time in the house of origin and then placed in the Daily File for a third reading. If the bill is reported without amendments, it is read a second time and sent to the Engrossing and Enrolling office, where the printed bill is compared with the original bill. After this comparison, known as engrossing, the bill is returned for a third reading. Amendments may be offered during debates, and each amendment must be inserted into the proper place in the bill, with the exact spelling and punctuation as adopted by the House. The preparation of the final copy is the function of the Enrolling Clerk, who sends it to the other chamber.
This process is different in the U.S. Senate and House of Representatives. While both are equal in their legislative functions, only the House can initiate tax and revenue-related legislation, and only the Senate can draft legislation related to presidential nominations and treaties. The House processes legislation through a majority vote, while the Senate favours deliberation and debate before voting.
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Bills are passed by the House or Senate
The process of passing a bill differs slightly between the House and the Senate. A bill is a proposal for a new law or a change to an existing law. Any member of Congress, from either the Senate or the House of Representatives, can draft a bill. These ideas can come from Congress members, everyday citizens, or advocacy groups. Once a bill is drafted, it must be introduced. If a Representative drafts the bill, it is introduced in the House; if a Senator drafts it, it is introduced in the Senate. After introduction, the bill is assigned to a committee that researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on.
The House and the Senate have different procedures for processing legislation. The House processes legislation through a majority vote, while the Senate does so through deliberation and debate before voting. Only the House can initiate tax and revenue-related legislation, and only the Senate can draft legislation related to presidential nominations and treaties.
Once a bill passes one body of Congress, it goes through the same process in the other body. If the bill passes, both bodies 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.
If the President approves the bill, they sign it, and it becomes law. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law. However, if the President vetoes the bill, 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 law.
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The President can veto a bill
In the United States, the president can use their veto power to prevent a bill passed by Congress from becoming law. This is done by the president choosing not to sign off on a bill, instead returning it unsigned to the House of Congress in which it originated, within ten days (excluding Sundays) while Congress is in session. The president is constitutionally required to state their objections to the bill in writing, and Congress must consider these objections.
If the president vetoes a bill, 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.
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. This action is called a 'pocket veto', and it cannot be overridden by Congress. In 2009, Senators Russ Feingold and John McCain introduced legislation for a limited version of the line-item veto, which would give the president the power to withdraw specific items within a bill.
The presidential veto power provided by the 1789 Constitution was first exercised on April 5, 1792, when President George Washington vetoed a bill outlining a new apportionment formula.
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Congress can override a veto
In the United States, the president can use their veto power to prevent a bill passed by Congress from becoming law. However, this veto can be overridden by Congress under certain conditions.
The veto power is defined in Article 1, Section 7 of the US Constitution. When the president vetoes a bill, they return it to the House in which it originated. To override this regular veto, both the Senate and the House must pass the bill by a two-thirds majority vote. Once this threshold is achieved, the president's veto is overruled, and the bill becomes a law.
It is important to note that there is also a type of veto called a pocket veto. A pocket veto occurs when Congress is no longer in session, and the president does not sign off on a bill, allowing it to be vetoed by default. This type of veto cannot be overridden by Congress.
Historically, Congress has overridden about 7% of presidential vetoes. The veto power is not meant to be absolute, and the ability of Congress to override it serves as a check and balance in the legislative process.
In addition to the presidential veto, US state governors also have veto powers over bills passed by state legislatures. These gubernatorial vetoes can also be overridden, typically by a two-thirds vote of each chamber of the state legislature.
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Bills become law
Bills are proposed drafts of laws that can originate from diverse sources. They can be conceived by any member of Congress, including the Senate or the House of Representatives, and can emerge from election campaigns, the need to amend existing laws, or from citizen groups through the right to petition. Bills can also be proposed by state legislatures, which can request Congress to enact federal laws by passing resolutions. Once a bill is drafted, it must be introduced, with Representatives introducing bills in the House and Senators introducing them in the Senate.
After a bill is introduced, it goes through several steps before becoming a law. These steps can vary, and the process is rarely predictable. The bill is then referred to the other chamber, where it follows a similar route through committees before reaching the floor. The chamber can approve the bill as received, reject, ignore, or make changes to it. If the bill is passed by both chambers in identical form, it is sent to the President for approval.
The President has the power to veto the bill, and if vetoed, Congress can attempt to override the veto with a two-thirds majority vote in both the Senate and the House, resulting in the bill becoming a law. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law. However, if the President does not sign off on a bill when Congress is no longer in session, it is considered a pocket veto, which cannot be overridden.
In California, the process is similar, with legislators acting as authors and sending ideas to the Legislative Counsel for drafting. The Governor has the authority to sign or veto a bill within a specified timeframe, and their veto can be overridden by a two-thirds vote in both houses. Urgency measures in California take effect immediately upon the Governor's signature and chaptering by the Secretary of State.
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Frequently asked questions
The process of passing a law begins with an idea, which can come from anyone.
A member of Congress drafts the bill. The member of Congress who supports the bill is called the "sponsor", and other supporting members are called "co-sponsors".
The bill must be introduced. If a Representative is the sponsor, the bill is introduced in the House. If a Senator is the sponsor, the bill is introduced in the Senate.
After being introduced, the bill is sent to committees and finally to the floor, where it can be approved as received, rejected, ignored, or changed.
Once the bill is approved by both the House and the Senate, it is sent to the President. If the President approves, the bill becomes a law. If the President vetoes the bill, Congress may attempt to override the veto, and if successful, the bill becomes a law.
