The Journey Of An Act To Law

The process of an act becoming a law is a long and complex one, and in the United States, it involves the US House of Representatives, the US Senate, and the President.

The first step is the proposal of a bill, which can be done by a sitting member of the US Senate or House of Representatives, or be proposed by citizens or citizen groups who recommend a new or amended law to their member of Congress. Once a bill is proposed, it is introduced and assigned a number (e.g. HR 1 or S 1). It is then sent to the Government Printing Office (GPO) where copies are made, and from there, it is referred to the appropriate committee.

The committee, which consists of groups of representatives who are experts on various topics, will then review, research, and revise the bill before voting on whether to send it back to the House floor. If the committee requires more information, the bill is sent to a subcommittee. Once the committee has approved a bill, it is sent back to the House floor, where it is debated and changes are recommended. The bill is then ready 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 discrepancies between the two versions, and then both chambers vote on the same version of the bill. If it passes, they present it to the President.

The President then has the option to approve the bill and sign it into law, or veto it. 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, in what is known as a pocket veto.

Drafting and introducing a bill

The process of turning a bill into a law begins with the proposal, formulation, and drafting of a bill. The drafting of a bill is a vital stage in this process, challenging decision-makers and drafters to carefully consider certain constraints. These constraints are important because failure to abide by them may have negative consequences in relation to the eventual interpretation and application of the law and the proper functioning of the legislative process.

In the United States, any member of the House of Representatives or the Senate can introduce a piece of legislation. In the House, legislation is handed to the clerk of the House or placed in the hopper. 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.

Once introduced, the bill is assigned a number (e.g., HR 1 or S 1) and labelled with the sponsor's name. It is then sent to the Government Printing Office (GPO), where copies are made. Members can also cosponsor the legislation.

The bill is then referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. The referral decision is often made by the House or Senate parliamentarian. Bills may be referred to more than one committee and split so that parts are sent to different committees. The Speaker of the House may set time limits on committees, and failure to act on a bill is equivalent to killing it.

The committee will then research, discuss, and make changes to the bill. They may request comments about the bill's merit from government agencies, assign the bill to a subcommittee, hold hearings, and make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" that includes the proposed amendments. This new bill will have a new number and will be sent to the floor, while the old bill is discarded.

After the committee has finished making changes, there is a vote by the full committee, and the bill is "ordered to be reported." The committee staff then prepares a written report explaining why they favor the bill and why they wish to see their amendments adopted. Committee members who oppose the bill may write a dissenting opinion in the report. The report is sent back to the whole chamber and placed on the calendar.

In the House, most bills go to the Rules Committee before reaching the floor. The committee adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a significant impact on whether the bill passes.

The bill is then placed on the Calendar in the House or the Senate. In the House, there are four House Calendars, and in the Senate, there is a Legislative Calendar and an Executive Calendar. Bills are usually placed on the calendars in the order they are reported, but they don't always come to the floor in this order, and some bills never reach the floor at all. The scheduling of legislation is the job of the Majority Leader.

Finally, the bill is voted on. If it passes, it is sent to the other chamber unless that chamber already has a similar measure under consideration. If either chamber does not pass the bill, it dies. If both chambers pass the same bill, it is sent to the President. If they pass different bills, they are sent to a Conference Committee to work out the differences.

Committee review

The committee review stage is a critical phase in the legislative process, where committees provide intensive scrutiny and public input on proposed bills. The process begins with the introduction of a bill, which can be done by any member of the House of Representatives or the Senate. The bill is then referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Committees are assigned specific subject areas, and the bill is directed to the committee with jurisdiction over the relevant topic.

Committees are typically divided between the two major political parties, with the majority party determining the proportion of members from each party. The committee members review, research, and revise the bill, and they may also hold public hearings to gather expert opinions and input from citizens. If the committee desires additional information, the bill may be sent to a subcommittee for further examination.

Once the committee has completed its review, it votes on whether to send the bill back to the House or Senate floor for further consideration. If the committee approves the bill, it is reported out of committee and returned to the full chamber. At this stage, the committee may also choose to include a written report explaining its support for the bill and any recommended amendments.

In some cases, a bill may be referred to multiple committees for consideration. The Speaker of the House usually designates a primary committee with jurisdiction, and additional committees may have time limits placed on their review. This process allows for specialised input from multiple committees while maintaining efficiency in the legislative process.

The committee review stage is a crucial step in shaping the final form of a bill and ensuring that it receives adequate scrutiny and public input before proceeding further in the legislative process.

Voting by the full chamber

In the House of Representatives, there are three methods for voting on a bill:

• Viva Voce (voice vote): The Speaker of the House asks the Representatives who support the bill to say “aye” and those that oppose it say “no.”
• Division: 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.
• Recorded: 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).

In the Senate, Senators vote by voice. Those who support the bill say “yea,” and those who oppose it say “nay.”

If a majority of the Representatives or Senators say or select yes, the bill passes in their respective chamber. The bill is then certified by the Clerk of the House and delivered to the other chamber for consideration.

Presidential approval

The President has ten days, excluding Sundays, to sign or veto the bill. If the President signs the bill within this ten-day period, it becomes law. If the President declines to sign or veto the bill, it will become law without their signature, except when Congress has adjourned under certain circumstances. This is known as a "pocket veto", and it cannot be overridden by Congress.

If the President vetoes the bill, it is returned to the congressional chamber in which it originated. This chamber may then attempt to override the President's veto, though this requires the support of two-thirds of those voting. If this attempt is successful, the other chamber will then decide whether or not to attempt its own override vote, which also requires two-thirds of voting members to agree. Only if both chambers vote to override does the bill become law, notwithstanding the President's veto.

A bill that has been approved by the President, or has not been signed within ten days of being presented to them while Congress is in session, is then delivered to the Office of the Federal Register at the National Archives. Here, it is assigned a public law number and included in the next edition of the United States Statutes at Large.

Overriding a veto

The legislative and executive branches of the US government are designed to be separate but interdependent, with a system of checks and balances to prevent the concentration of power. The President's power to veto acts of Congress is a key check on the legislative branch, and Congress's power to override a veto is a check on the executive branch.

The Veto Process

The US Constitution outlines the veto process in Article I, Section 7, Clause 2:

> Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law.

In simple terms, if a bill passes both houses of Congress, it is sent to the President for approval. If the President approves, they sign it into law. If the President does not approve, they can veto the bill, returning it to the house in which it originated, along with their objections. That house will then vote to reconsider the bill, and if two-thirds agree to pass it, it is sent to the other house for reconsideration. If two-thirds of that house also agree, the bill becomes law, overriding the President's veto.

The veto override is an important check on the President's power, but it is not easy to achieve. A supermajority of two-thirds is required in both houses of Congress to override a veto. This is a high bar, and it means that a united minority, usually the President's party, can block an override.

In some states, the vote margin required to override a veto is different. For example, thirty-six states require a two-thirds vote, seven require a three-fifths vote, and six require a majority vote.

Examples of Veto Overrides

Veto overrides are relatively rare, but they do happen. Here are some examples:

• In April 2024, the Kansas legislature, controlled by Republicans, overrode Democratic Governor Laura Kelly's veto of a bill requiring "medical care facilities and providers to report the reasons for each abortion performed".
• In January 2024, the Ohio legislature, also controlled by Republicans, overrode Republican Governor Mike DeWine's veto of a bill barring minors from receiving puberty blockers, hormone therapy, or gender transition surgery.
• In June 2024, the Vermont legislature, controlled by Democrats, overrode Republican Governor Phil Scott's veto of a bill proposing the elimination of "criminal and civil penalties for the operation of a safer drug consumption program".

Frequently asked questions