Laws Becoming Constitutional: Understanding The Transition Process

The process of a bill becoming a law is a complex one, and differs depending on the country and the type of government. In the United States, the lawmaking branch of the federal government is Congress, which is made up of the Senate and the House of Representatives. 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 people or citizen groups. Once introduced, a bill is assigned to a committee, which researches, discusses, and makes changes to it. The bill is then put before that chamber to be voted on. If it passes one body of Congress, it goes to the other body to go through a similar process. 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 then considers the bill and can either approve it and sign it into law, or refuse to approve it, which is called a veto. If the president chooses to veto a bill, 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 vetoed by default, which is called a pocket veto, and cannot be overridden by Congress.

The Legislative Branch

The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. Additionally, there are 6 non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other territories of the United States. Members of the House are elected every two years and must be 25 years of age, US citizens for at least seven years, and residents of the state (but not necessarily the district) they represent. The House has several powers assigned exclusively to it, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an Electoral College tie.

The Senate is composed of 100 Senators, 2 for each state. Senators are elected to six-year terms by the people of each state. Senators' terms are staggered so that about one-third of the Senate is up for reelection every two years. Senators must be 30 years of age, US citizens for at least nine years, and residents of the state they represent. The Vice President of the United States serves as President of the Senate and may cast the decisive vote in the event of a tie. The Senate has the sole power to confirm Presidential appointments that require consent and to ratify treaties, with the exception of appointments to the Vice Presidency and any treaties that involve foreign trade, which also require the approval of the House. The Senate also tries impeachment cases for federal officials referred to it by the House.

For a bill to become a law, it must be passed by both the House and the Senate and then presented to the President for their signature. If the President vetoes a bill, Congress may override the veto by passing the bill again with a two-thirds majority vote in both chambers.

Congress, as one of the three coequal branches of government, is granted significant powers by the Constitution. All legislative power in the government is vested in Congress, meaning that only Congress can make new laws or change existing laws. While Executive Branch agencies can issue regulations with the full force of law, these are only under the authority of laws enacted by Congress. The President may veto bills passed by Congress, but Congress can override this veto with a two-thirds majority vote in both the Senate and the House of Representatives.

Article I of the Constitution enumerates the powers of Congress and the specific areas in which it may legislate. Congress is also empowered to enact laws deemed "necessary and proper" for the execution of the powers given to any part of the government under the Constitution. Part of Congress's legislative authority includes establishing an annual budget for the government, levying taxes and tariffs, and mandating spending on specific items. Both chambers of Congress have extensive investigative powers and may compel the production of evidence or testimony.

The Executive Branch

Article II of the United States Constitution establishes the Executive Branch of the federal government, which carries out and enforces federal laws. Article II vests the power of the executive branch in the office of the President of the United States, outlining the procedures for electing and removing the President, and establishing the President's powers and responsibilities.

Section 1: President and Vice President

The Vesting Clause of Section 1 declares that the executive power of the federal government is vested in the President, and, along with the Vesting Clauses of Article One and Article Three, establishes the separation of powers among the three branches of government. Section 1 also establishes the Electoral College, the body charged with electing the President and the Vice President. It provides that each state chooses members of the Electoral College in a manner directed by each state's respective legislature, with the states granted electors equal to their combined representation in both houses of Congress. Section 1 lays out the procedures of the Electoral College and requires the House of Representatives to hold a contingent election to select the President if no individual wins a majority of the electoral vote.

Section 2: Presidential Powers

Section 2 of Article Two lays out the powers of the Presidency, establishing that the President serves as the Commander-in-Chief of the military, among many other roles. This section gives the President the power to grant pardons, and requires the "principal officer" of any executive department to tender advice. The Treaty Clause grants the President the power to enter into treaties with the approval of two-thirds of the Senate. The Appointments Clause grants the President the power to appoint judges and public officials subject to the advice and consent of the Senate, which in practice has meant that Presidential appointees must be confirmed by a majority vote in the Senate. The final clause of Section 2 grants the President the power to make recess appointments to fill vacancies that occur when the Senate is in recess.

Section 3: Presidential Responsibilities

Section 3 of Article Two lays out the responsibilities of the President, granting the President the power to convene both Houses of Congress, receive foreign representatives, and commission all federal officers. Section 3 requires the President to inform Congress of the "state of the union"; since 1913 this has taken the form of a speech referred to as the State of the Union. The Recommendation Clause requires the President to recommend measures deemed "necessary and expedient." The Take Care Clause requires the President to obey and enforce all laws, though the President retains some discretion in interpreting the laws and determining how to enforce them.

Section 4: Removal from Office

Section 4 of Article Two gives directives on impeachment, stating that "The President, Vice President and all civil Officers of the United States shall be removed from office on Impeachment for, and conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."

The Judiciary

The US Constitution, in its original form, included seven articles. Article III, which outlines the Judiciary, was designed to ensure the separation of powers between the three branches of government. The Judiciary's power is enumerated in the Constitution, with any powers not assigned to the federal government being reserved for the states.

The Supreme Court, which sits at the top of the Judiciary, was initially made up of jurists intimately connected with the framing of the Constitution. John Jay, one of the co-authors of the Federalist Papers, served as the first Chief Justice. The second Chief Justice was John Rutledge, followed by Oliver Ellsworth, and then John Marshall, who served for 34 years.

The Constitution outlines the US judicial system, and the Judiciary Act of 1789 filled in the details. Title 28 of the US Code further describes the judicial powers and administration.

The US Constitution has been amended 27 times since its ratification. The process for amending the Constitution is outlined in Article V, which requires a two-thirds majority in both the Senate and the House of Representatives to propose an amendment. The amendment must then be ratified by three-fourths of the state legislatures or three-fourths of conventions called in each state for ratification.

The US Constitution is the oldest and longest-standing written and codified national constitution still in force in the world. It serves as a model for governance worldwide and has influenced the constitutions of other nations.

The Legislative Process

The president then considers the bill. The president can approve the bill and sign it into law, or they can refuse to approve it. This is called a veto. If the president chooses to veto a bill, in most cases, Congress can vote to override that veto, and the bill becomes a law. But 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 cannot be overridden by Congress.

The Legislative Branch

The Legislative Branch is one of three branches of the U.S. government, alongside the Executive Branch and the Judiciary. The Legislative Branch is responsible for making laws and is made up of the House of Representatives and the Senate, which together form the United States Congress.

The House of Representatives

The House of Representatives is one of two chambers of Congress, the other being the Senate. The House has several key functions, including the introduction of revenue-related legislation and the origination of appropriation bills. The House is also responsible for impeachments, presenting the charges against the accused, similar to a grand jury.

The Senate

The Senate is the upper chamber of the United States Congress and has several key functions, including the confirmation of presidential nominations and the ratification of treaties. The Senate also has the power to try impeachments, acting as a court. A two-thirds vote of the Senate is required to convict and remove an impeached official.

The Ratification Process

Five state conventions voted to approve the Constitution almost immediately (between December 1787 and January 1788), and in all of them, the vote was either unanimous or lopsided. The Federalists, who supported the adoption of the Constitution, rapidly secured five of the nine states needed to make the document law. However, a closer look at these early states indicates that the contest was much closer than it first appeared. Four of the five states to first ratify were small states that stood to benefit from a strong national government that could restrain abuses by their larger neighbours.

The first real test of the Constitution in an influential state came in Massachusetts in January 1788. Here, influential older Patriots like Governor John Hancock and Sam Adams led the Anti-Federalists. The rural western part of the state, where Shays' Rebellion had occurred the previous year, was an Anti-Federalist stronghold. A bitterly divided month-long debate ensued, ending with a close vote in favour of the Constitution. Crucial to this victory was the strong support of artisans who favoured the new commercial powers of the proposed central government, which might raise tariffs (taxes) on cheap British imports that threatened their livelihood. The Federalists' narrow victory in Massachusetts rested on a cross-class alliance between elite nationalists and urban working men.

By the spring of 1788, the required nine states had ratified the Constitution, and it could become law. However, with powerful, populous, and highly divided Virginia and New York yet to vote, the legitimacy of the new national system was still in question. New Hampshire became the ninth state to ratify on 21 June 1788, and the Confederation Congress certified the ratification of eleven states on 17 September.

North Carolina waited to ratify the Constitution until after the Bill of Rights was passed by the new Congress, and Rhode Island's ratification only came about after a threatened trade embargo. The U.S. Constitution was not ratified by all states until 29 May 1790, when Rhode Island finally approved the document.

Frequently asked questions