How A Bill Becomes Law: A Historical Overview

The process of how a bill becomes a law was created in the United States in 1789, when Article I, Section 1, of the United States Constitution came into force. This established that All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. The process by which a bill becomes a law is known as the legislative process.

The Bill's Journey

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. 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.

Referral to Committee

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Committees are composed of groups of Representatives or Senators with expertise on relevant topics. The committee may choose to hold hearings and refer the bill to a subcommittee for further study and hearings.

Subcommittee Review

The subcommittee will closely examine the bill and gather expert opinions before sending it back to the committee for approval. The committee will then meet to make changes and amendments to the bill and vote on whether to send it back to the full chamber. If the committee votes in favour of the bill, it is reported to the floor.

Voting by the Full Chamber

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' voting.

Referral to the Other Chamber

When the House or Senate passes a bill, it is referred to the other chamber, where it goes through a similar process of committee review, subcommittee review (if necessary), and voting.

Conference Committee

If the House and Senate pass different versions of the bill, a conference committee is formed with members from each chamber to work out the differences and reach a compromise. The conference committee prepares a written report, which is submitted to each chamber for approval.

Presidential Review

After both the House and Senate have approved the bill in identical form, it is sent to the President for review. The President can choose to sign and pass the bill, veto it, or do nothing (pocket veto). If the President vetoes the bill, Congress can attempt to override the veto with a two-thirds majority vote in both chambers.

Enactment

If the bill is approved by the President or Congress overrides a veto, it becomes a law and is assigned an official number. The bill is then published and distributed to the relevant departments and agencies.

The Legislative Branch

In the House of Representatives, a bill is introduced by placing it in the hopper, a special box on the side of the clerk's desk. In the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. After introduction, the bill is assigned a number (e.g., HR 1 or S 1) and sent to the Government Printing Office (GPO) for copying. At this stage, members can cosponsor the bill.

The next step is committee action. The bill is referred to an appropriate committee, often by the House Speaker or the Senate's presiding officer. The committee reviews, discusses, and makes changes to the bill. The committee may also hold hearings and request comments from government agencies. If substantial amendments are made, a "clean bill" with the proposed amendments may be introduced, replacing the original bill.

After the committee stage, the bill is reported back to the full chamber for further debate and voting. In the House, most bills go through the Rules Committee, which sets strict time limits on debate and amendments. However, the Rules Committee can be bypassed through a suspension of rules (requiring a 2/3 vote), a discharge petition, or a Calendar Wednesday procedure.

The bill is then placed on the appropriate calendar—one of four House calendars or the Senate's Legislative Calendar. The Speaker of the House and the Majority Leader play a crucial role in deciding which bills reach the floor and when. In the Senate, scheduling is done by the Majority Leader, and bills can be brought to the floor whenever a majority chooses.

The next step is the floor debate and vote. In the House, the Rules Committee determines the rules for debate, including time limits. The Committee of the Whole debates and amends the bill but cannot technically pass it. In the Senate, on the other hand, debate is unlimited unless cloture is invoked, and amendments are not required to be germane, allowing for the inclusion of riders.

If the bill passes in one chamber, it moves to the other chamber and goes through a similar process of committee review, debate, and voting. If both chambers pass the same bill, it is sent to the President for review. However, if the House and Senate pass different versions of the bill, they form a Conference Committee to work out the differences and reach a compromise.

The President has the power to approve or veto the bill. If the President signs the bill, it becomes a law. If the President does not sign the bill within 10 days and Congress remains in session, the bill automatically becomes a law. However, if Congress adjourns before the 10-day period, the bill is pocket vetoed and does not become law.

If the President vetoes the bill, it is sent back to Congress with a list of reasons for the veto. Congress can override the veto by voting to pass the bill with a two-thirds majority in both chambers, and the bill then becomes a law.

Once a bill is signed by the President or the veto is overridden, it becomes a law and is assigned an official number.

The Role of the US President

The US President has a crucial role in the process of how a bill becomes a law. Once a bill has been approved by the House of Representatives and the Senate, it is sent to the President for consideration. The President can choose to either approve the bill and sign it into law or refuse to approve it by vetoing the bill.

If the President chooses to veto a bill, the bill is sent back to the House of Representatives, along with the President's reasons for the veto. The House of Representatives and the Senate can then hold another vote on the bill, and if two-thirds of the Representatives and Senators support the bill, the President's veto is overridden and the bill becomes a law.

If the President does nothing, this is known as a pocket veto. If Congress is in session, the bill will automatically become law after 10 days. However, if Congress is not in session, the bill will not become a law.

The Veto Process

The President has a timeframe of ten days, excluding Sundays, to make a decision on the bill. If the President takes no action within this period and Congress remains in session, the bill will automatically become law without the President's signature. However, if Congress adjourns before the ten-day period ends and the President hasn't signed the bill, it will not become law. This is called a "pocket veto."

If the President decides to veto a bill, it is sent back to Congress, specifically to the chamber where it originated, along with a note outlining the reasons for the veto. At this point, Congress has the power to override the veto and turn the bill into law. To achieve this, two-thirds of the members in both the House of Representatives and the Senate must vote in favour of overriding the veto. If this threshold is met in both chambers, the bill becomes law despite the President's objection.

Overriding a presidential veto is a significant and uncommon occurrence. It showcases the system of checks and balances in the US government, where Congress can counter the President's decision under specific conditions.

The Bill's Enactment

The Bills Enactment

The enactment of a bill into law is a multi-step process that begins with the creation of the bill itself. 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 or be proposed by citizens or citizen groups who recommend a new or amended law to their representative. Once a bill is drafted, it must be introduced. In the House of Representatives, this is done by placing it in the hopper, a special box on the side of the clerk's desk. In the Senate, a member must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour.

After introduction, the bill is given a number (e.g. HR 1 or S 1) and assigned to a committee. The committee will research, discuss, and make changes to the bill. The bill can also be assigned to a subcommittee for further examination and expert opinions before being sent back to the committee for approval. Once the committee has approved the bill, it is reported to the House or Senate floor for debate and voting.

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 their versions. Then, both chambers vote on the same version of the bill, and if it passes, it is presented to the President for approval.

The President has three options: they can sign and pass the bill, veto it and send it back to Congress, or do nothing (pocket veto). If the President vetoes the bill, Congress can attempt to override the veto with a two-thirds majority vote in both the House and Senate, and the bill will become a law. If the President does nothing and Congress is still in session, the bill will automatically become law after 10 days.

The process of enacting a bill into law ensures that proposed legislation undergoes thorough review, discussion, and revision before becoming law. It also allows for citizen participation and input, highlighting the democratic nature of the law-making process in the United States.

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