Kara Sears
The process of making a law varies from country to country and even within different states or provinces. In the United States, for example, 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 it can be proposed by citizens or citizen groups who petition their representative. Once introduced, the bill is assigned to a committee, which researches, discusses, and makes changes. It is then put before the chamber to be voted on. If it passes one body of Congress, it goes through the same process in the other body. Once both bodies vote to accept, they must work out any differences, and then both chambers vote on the same version. If it passes, they present it to the president, who can either approve and sign it into law or refuse and veto it. If vetoed, Congress can usually vote to override, but if the president does not sign off and Congress is no longer in session, the bill is pocket vetoed and cannot become law.
| Characteristics | Values |
|---|---|
| Who can propose a bill? | A sitting member of the U.S. Senate or House of Representatives, or proposed during their election campaign. Bills can also be petitioned by people or citizen groups. |
| What happens after a bill is introduced? | It is assigned to a committee whose members will research, discuss, and make changes to the bill. |
| What happens after the committee stage? | The bill is put before that chamber to be voted on. |
| What happens if the bill passes one body of Congress? | It goes to the other body to go through a similar process of research, discussion, changes, and voting. |
| What happens if the bill passes both bodies of Congress? | 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. |
| What can the president do? | The president can approve the bill and sign it into law, or refuse to approve a bill (veto). |
| What happens if the president vetoes a bill? | In most cases, Congress can vote to override that veto and the bill becomes a law. |
| What happens 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 it cannot be overridden by Congress. |
| What is the difference between the Senate and the House in terms of lawmaking procedures? | While both are equal in how they function, only the House can initiate tax and revenue-related legislation. And only the Senate can draft legislation related to presidential nominations and treaties. While the House processes legislation through a majority vote, the Senate does so through deliberation and debate prior to voting. |
What You'll Learn
The legislative process
After introduction, the proposal is referred to the appropriate committee or committees for consideration. The committees provide intensive consideration of the proposal and a forum for the public to be heard. There are currently 20 standing committees in the House of Representatives and 16 in the Senate, as well as several select committees. Each committee's jurisdiction is defined by certain subject matter under the rules of each House, and all measures are referred accordingly.
Following committee consideration, the proposal is put before the respective chamber (the House of Representatives or the Senate) for a vote. If the proposal passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a proposal, they must work out any differences between the two versions. Then, both chambers vote on the same version of the proposal. If it passes, they present it to the President for approval.
The President can choose to approve the proposal and sign it into law, or refuse to approve it, which is called a veto. If the President vetoes a proposal, Congress can vote to override the veto, and the proposal becomes a law. However, if the President does not sign off on a proposal and it remains unsigned when Congress is no longer in session, the proposal will be vetoed by default, which is called a pocket veto, and cannot be overridden by Congress.
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The role of Congress
Once a bill is introduced, it is assigned to a committee, whose members will research, discuss, and make changes to it. The bill is then put before the chamber in which it was introduced for a vote. If the bill passes one body of Congress, it goes through a similar process in the other body, where it is researched, discussed, changed, and voted on.
After both bodies of Congress vote to accept a bill, they must work together to resolve any differences between the two versions. Once they have agreed on a single version, they vote on it again. If it passes, they present it to the president for approval.
The president can choose to approve a bill and sign it into law, or they can veto it. If the president vetoes a bill, Congress can vote to override the veto, and the bill will become a law. However, if the president does not sign off on a bill and Congress is no longer in session, the bill will be pocket-vetoed and cannot be overridden.
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The role of the Senate
The Senate is one of the two houses of Congress, the other being the House of Representatives. The Senate is composed of 100 members, two from each state, who are elected by the people. The Senate has a number of functions, including:
- Confirming presidential nominations
- Approving treaties
- Conducting impeachment trials
- Advising and consenting to treaties
- Approving presidential appointments to executive and judicial branch posts
The Senate is governed by the Constitution, a set of standing rules, precedents established in the course of the legislative process, and special rules of procedure adopted by statute for particular types of legislation. These rules determine how bills and resolutions are moved towards passage, the structure of Senate committees, how debate proceeds on the chamber floor, and how members cast votes.
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The role of the House of Representatives
The House of Representatives is one of the two chambers of the United States Congress, the other being the Senate. The House of Representatives is the lower house of the bicameral legislature of the US federal government and is often simply referred to as the House.
The House of Representatives has the following roles in the process of passing a bill into law:
- A bill is first introduced by a sitting member of the House of Representatives.
- The bill is then assigned to a committee for study. If the committee releases the bill, it is put on a calendar to be voted on, debated, or amended.
- If the bill passes by a simple majority, it moves to the Senate.
- Once both the House and the Senate have voted to accept a bill, they must work out any differences between the two versions.
- The resulting bill returns to the House and Senate for final approval.
- The President then has the option to sign or veto the enrolled bill.
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The role of the President
The President of the United States has a significant role in the process of making laws. The President is responsible for implementing and enforcing the laws written by Congress. They are the head of state and Commander-in-Chief of the armed forces.
The President has the power to either sign legislation into law or veto bills passed by Congress. However, Congress can override a veto with a two-thirds vote in both houses. The President can also issue executive orders, which direct executive officers or clarify and further existing laws.
The President plays a crucial role in diplomacy and has the power to negotiate and sign treaties, which the Senate then ratifies. They can also make suggestions about things that should become new laws and lead their political party.
Additionally, the President is responsible for appointing the heads of federal agencies, including the Cabinet, federal judges, ambassadors, and other federal offices. They also appoint the members of the Cabinet, who play an important role in the presidential line of succession.
The President has specific qualifications they must meet, including being at least 35 years old, a natural-born citizen, and having lived in the United States for at least 14 years.
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Frequently asked questions
Congress is the lawmaking branch of the federal government.
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 during their election campaign. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. 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 the bill 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.
While both are equal in how they function, only the House can initiate tax and revenue-related legislation. And only the Senate can draft legislation related to presidential nominations and treaties. While the House processes legislation through a majority vote, the Senate does so through deliberation and debate prior to voting.
There is little practical difference between a bill and a joint resolution, and the two forms are sometimes used interchangeably. One difference in form is that a joint resolution may include a preamble preceding the resolving clause. Statutes that have been initiated as bills may be amended by a joint resolution and vice versa. Both are subject to the same procedure except for a joint resolution proposing an amendment to the Constitution.
A concurrent resolution is used for a matter affecting the operations of both Houses, and a simple resolution is used for a matter concerning the rules, the operation, or the opinion of either House alone.
