How Laws Are Made: Understanding The Process

Creating laws is the most important job of the U.S. House of Representatives. All laws in the United States begin as bills, which are proposals for a new law or a change to an existing law. These ideas 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. Once a bill is introduced, it goes through a rigorous process of research, discussion, and voting before it can become a law. This process involves multiple committees, subcommittees, and votes in both the House of Representatives and the Senate. If a bill passes in both chambers, it is then presented to the President, who has the power to approve or veto it. If the President approves, the bill becomes a law. However, if the President vetoes the bill, Congress can still override the veto and pass the bill into law. Understanding how a bill becomes a law provides valuable insight into the legislative process and the functioning of the U.S. government.

The bill is drafted

The legislative process begins with the drafting of a bill, which is a proposal for a new law or a change to an existing one. Any member of Congress, including the Senate or the House of Representatives, can draft a bill. These ideas can originate from Congress members themselves or from everyday citizens and advocacy groups. The member of Congress who introduces the bill is called the "sponsor", and other members who support the bill are called "co-sponsors".

Once a bill has a sponsor and the support of other Representatives, it is ready to be introduced. In the House of Representatives, a bill is introduced when it is placed in the hopper, a special box on the side of the clerk's desk. Only Representatives can introduce bills in the House. When a bill is introduced, a bill clerk assigns it a number that begins with H.R. A reading clerk then reads the bill aloud to all Representatives, and the Speaker of the House sends the bill to one of the House standing committees.

The bill is then assigned to a committee, whose members will research, discuss, and make changes to the bill. Both the House and the Senate have various committees composed of groups of Congress members with specific interests or expertise in different topics, such as health, agriculture, education, or international affairs. When a bill is with the committee, it is carefully examined, and its chances of passage by the entire Congress are determined. The committee may hold hearings to better understand the implications of the bill and gather the views of experts, public officials, supporters, and opponents of the legislation. If the committee does not act on a bill, it is considered "dead".

Subcommittees play a crucial role in reviewing and studying bills. They are organised under committees and have further specialisation in specific topics. The committee may refer a bill to a subcommittee for additional examination and hearings. The subcommittee may propose changes to the bill and must vote to refer it back to the full committee.

The bill is introduced

In the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day. The bill is then assigned a number (e.g. S 1) and labelled with the sponsor's name. It is sent to the Government Printing Office (GPO) and copies are made. Senate bills can be jointly sponsored, and members can cosponsor the legislation.

Any member of Congress can introduce a bill, and these ideas can come from the members themselves or everyday citizens and advocacy groups. The primary member of Congress supporting the bill is called the "sponsor", and other members who support the bill are called "co-sponsors". Once a bill is introduced, it can be found on Congress.gov, the official government website that tracks federal legislation.

The bill goes to committee

Once a bill has been introduced, it is sent to a committee. Both the House and the Senate have committees made up of groups of Congress members with a particular interest in specific topics, such as health or international affairs. The bill is then carefully examined by the committee, and its chances of passage by the entire Congress are determined. Committees are often made up of members with expertise in the subject area of the bill. For example, a bill about agriculture will be reviewed by a committee of Representatives with knowledge of agriculture.

Committees may hold hearings to better understand the implications of the bill. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on the record. If the committee does not act on a bill, it is considered "dead".

The bill can also be assigned to a subcommittee by the Chairman. Subcommittees are organised under committees and have further specialisation on a certain topic. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee. Once hearings and subcommittee reviews are completed, the committee will meet to "mark up" the bill. They will make changes and amendments prior to recommending the bill to the "floor". If a committee votes against reporting legislation to the full chamber of Congress, the bill dies. If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

The bill is voted on

There are three methods for voting on a bill in the U.S. House of Representatives: Viva Voce (voice vote), Division, and Recorded. In a voice vote, the Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it say "no." In a Division vote, the Speaker of the House asks those Representatives who support the bill to stand up and be counted, and then those who oppose the bill to stand up and be counted. In a Recorded vote, Representatives record their vote using the electronic voting system. Representatives can vote yes, no, or present (if they don't want to vote on the bill).

If a majority of the Representatives say or select yes, the bill passes in the U.S. House of Representatives. The bill is then certified by the Clerk of the House and delivered to the U.S. Senate. When a bill reaches the U.S. Senate, it goes through many of the same steps it went through in the U.S. House of Representatives. The bill is discussed in a Senate committee and then reported to the Senate floor to be voted on. Senators vote by voice. Those who support the bill say "yea," and those who oppose it say "nay." If a majority of the Senators say "yea," the bill passes in the U.S. Senate and is ready to go to the President.

The bill is sent to the President

The bill-making process is a long and complex one, and the final stage before a bill becomes a law is when it is sent to the President for review. This is the ninth and final step in the process.

Once a bill has been approved by both the House and the Senate, it is sent to the President, who has three choices. The President can choose to sign and pass the bill, in which case it becomes a law. The President can also veto the bill, sending it back to the House of Representatives with their reasons for the veto. If the House and the Senate still believe the bill should become law, they can override the veto by holding another vote, and if two-thirds of Representatives and Senators support the bill, it becomes law. The third option for the President is to do nothing, which is known as a 'pocket veto'. If Congress is in session, the bill will automatically become law after ten days. However, if Congress is not in session, the bill will not become law.

The President's role in the bill-making process is, therefore, a crucial one, as they have the final say on whether a bill becomes a law or not.

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