Understanding The Timeline Of Proposals Becoming Law

A proposal becomes a law when it has been passed by the legislature and, in most cases, approved by the executive. In the US, this process begins when a bill is introduced in the House of Representatives or the Senate. A bill is a proposal for a new law or a change to an existing law. Once a bill is introduced, it is assigned to a committee, which will research, discuss, and make changes to it. 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. If it passes, they present it to the president. The president 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 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 vetoed by default, which is called a pocket veto.

How a bill becomes a law

A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from 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.

The process of a bill becoming a law can be broken down into 9 steps:

The Bill is Drafted

Any member of Congress – from the Senate or the House of Representatives – who has an idea for a law can draft a bill. These ideas can come from the Congress members themselves or from everyday citizens and advocacy groups. The primary Congress member supporting the bill is called the "sponsor", and other supporting members are called "co-sponsors".

The Bill is Introduced

Once the bill is drafted, it 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. Once introduced, the bill can be found on Congress.gov, the official government website that tracks federal legislation.

The Bill Goes to Committee

As soon as a bill is introduced, it is referred to a committee. Both the House and the Senate have various committees composed of groups of Congress members with particular interests and expertise in different topics such as health or international affairs. When a bill is with the committee, it is carefully examined, and its chances of passage by Congress are determined. The committee may hold hearings to better understand the bill's implications, allowing input from the executive branch, experts, other public officials, supporters, and opponents of the bill. If the committee does not act on a bill, it is considered "dead".

Subcommittee Review of the Bill

Committees often refer bills to a subcommittee for further study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the full committee.

Committee Mark-up of the Bill

Once hearings and subcommittee review are complete, the committee will meet to "mark up" the bill, making changes and amendments before recommending it to the "floor". If the committee votes against reporting the legislation to the full chamber of Congress, the bill dies. If they vote in favour, it is reported to the floor, a procedure known as "ordering a bill reported".

Voting by the Full Chamber on the Bill

Once the bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' votes.

Referral of the Bill to the Other Chamber

When the House or Senate passes a bill, it is referred to the other chamber, where it usually follows a similar route through committees and, finally, to the floor. This chamber may approve the bill as received, reject, ignore, or change it. Congress may form a conference committee to resolve or reconcile differences between the House and Senate versions of a bill. If the conference committee cannot reach an agreement, the bill dies. If an agreement is reached, the committee members prepare a conference report with recommendations for the final bill, which both the House and Senate must vote to approve.

The Bill Goes to the President

After both the House and Senate have approved a bill in identical form, the bill is sent to the President. The President has three options: they can sign and pass the bill, in which case it becomes a law; they can veto the bill, sending it back to the House of Representatives with their reasons for doing so; or they can take no action, which results in a "pocket veto" if Congress is not in session.

Overriding a Veto

If the President vetoes a bill, Congress may attempt to override the veto. If two-thirds of both the Senate and the House pass the bill, the President's veto is overridden, and the bill becomes a law.

The role of the executive

The executive plays a crucial role in the process of a proposal becoming a law. In the United States, the executive branch is headed by the President, who has the power to approve or veto a bill. While the US Congress is the law-making branch of the federal government, the President's role in the legislative process is significant.

Once a bill has been introduced and passed by both houses of Congress, it is presented to the President for approval. The President has the option to approve the bill and sign it into law, or veto it. If the President chooses to veto a bill, Congress has the power to override that veto and pass the bill into law without the President's approval. This override requires a two-thirds majority vote in both houses of Congress.

The President's role in the legislative process also extends beyond the approval or veto of bills. The President can propose laws and policies, either on their own initiative or in response to invitations from the European Council, the Council of the European Union, or the European Parliament. This process is known as the 'right of initiative'. Additionally, the executive branch can introduce bills through a government motion, particularly in jurisdictions where the executive has control over legislative business.

Furthermore, the executive plays a key role in the initial stages of the legislative process. Ideas for legislative proposals can originate from the executive branch, including individual members of the executive or any of the executive departments of the government. These proposals are then introduced in their respective houses by members of Congress.

In summary, the executive's role in the process of a proposal becoming a law involves initiating legislative ideas, introducing bills through government motions, and ultimately approving or vetoing bills passed by Congress. The President's approval is a critical step in the enactment of laws, and their power to veto bills provides a significant check on the legislative branch.

The legislative process

In the United States, the legislative branch of government is responsible for the enactment of legislation. The Constitution grants all legislative powers to a Congress of the United States, which consists of a Senate and a House of Representatives.

Introduction of a Bill:

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 their representative. Once introduced, a bill is assigned to a committee that will research, discuss, and make changes to it.

Committee Consideration:

The committee will thoroughly examine the bill, discuss its implications, and make any necessary amendments. This stage provides an opportunity for public input, as the committee will often hold hearings and invite experts and stakeholders to provide testimony.

Voting in the Chamber:

Once the committee has completed its work, the bill is put before the chamber (Senate or House of Representatives) for a vote. The bill is debated, and members can propose additional amendments. If the bill passes one body of Congress, it then goes through a similar process in the other body.

Reconciliation of Differences:

If the bill is passed by both the Senate and the House of Representatives, but there are differences between the two versions, the two bodies must work together to reconcile these differences and agree on a final version of the bill.

Presentation to the President:

Once both chambers of Congress have voted to accept a bill, it is presented to the President for approval. The President can choose to approve the bill and sign it into law, or veto it.

Override of Veto:

If the President vetoes a bill, Congress has the power to override that veto and pass the bill into law anyway. This typically requires a two-thirds majority vote in both the Senate and the House of Representatives.

Enactment:

Once a bill has been approved by Congress and/or the President, it becomes a law and is given a public or private law number. The law may specify an effective date, or it may come into force immediately upon enactment.

The Senate's power of advice and consent

The United States Constitution grants the Senate the power of "advice and consent" regarding treaties and appointments made by the president. This power is outlined in Article II, Section 2, Clause 2 of the Constitution, which states:

> [The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The "advice and consent" power of the Senate serves as a check on the executive branch by requiring the concurrence of the legislative branch for certain actions. This power is particularly significant in the areas of treaty-making and presidential appointments.

During the Constitutional Convention, there was a debate between two factions. One faction advocated for sole executive power in appointments, while the other wanted the national legislature, specifically the Senate, to have that responsibility. The latter faction followed precedents set by the Articles of Confederation and most state constitutions, which granted appointment powers to legislative bodies. The compromise that was reached gave the president the power to nominate individuals for appointments, while requiring the advice and consent of the Senate for these nominations to be confirmed.

The Senate's role in the treaty-making process is also significant. While the president has the power to negotiate and sign treaties, the Senate must provide its advice and consent for these treaties to be ratified. This ensures that treaties are carefully considered and have the support of a supermajority of senators.

The process of obtaining the Senate's advice and consent typically involves congressional hearings, where nominees for appointments are questioned by senators. The relevant Senate committee will then vote on the nominee, followed by a confirmation vote by the full Senate. For appointments, a majority of senators present is required to pass a motion to advise and consent. However, tactics such as the filibuster have sometimes been used to require more than a simple majority.

The legislative branch's other responsibilities

• The Senate's power of advice and consent with regard to treaties and nominations.
• The preeminent role of the legislative branch is its concern with legislation.
• The legislative branch is responsible for the enactment of legislation.
• The legislative branch has the power to override a presidential veto by a two-thirds vote in each house.
• The legislative branch has the power to propose, debate, and vote on legislation.
• The legislative branch has the power to conduct oversight and investigations.
• The legislative branch has the power to confirm or reject presidential nominations.
• The legislative branch has the power to approve treaties.
• The legislative branch has the power to impeach and remove federal officials from office.
• The legislative branch has the power to declare war.

Frequently asked questions