Kara Sears
The lawmaking branch of the federal government in the US is Congress, which consists of the Senate and the House of Representatives. The process of making a law starts with a bill, which can be proposed by a sitting member of Congress or petitioned by citizens. Once introduced, a bill is assigned to a committee that researches, discusses, and makes changes to it. The bill is then voted on by both bodies of Congress, and if it passes, the two bodies work out any differences between their versions. The bill then goes through another round of voting, and if it passes again, it is presented to the president for approval. The president can veto the bill, but Congress can vote to override this veto. The US legal system also consists of state legislatures, which can 'memorialize' Congress to enact specified federal laws.
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What You'll Learn
Bills and joint resolutions
In the United States, 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 who recommend a new or amended law to a member of Congress. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill is then put before that chamber to be voted on. If a bill is passed in identical form by both Chambers of Congress and signed by the president, it becomes a law. However, if the president chooses to veto a bill, Congress can usually vote to override that veto, and the bill becomes a law.
Bills can be tracked through the legislative process via sources such as the Congressional Research Service, GovTrack.us, and the Senate and House websites.
Joint resolutions are similar to bills and may originate in either the House of Representatives or the Senate. They are designated H.J. Res. or S.J. Res. and are followed by a number. Like bills, joint resolutions require the approval of both Chambers and the president's signature to become law, with the exception of joint resolutions amending the Constitution. When a joint resolution amends the Constitution, it must be approved by two-thirds of both Chambers and three-fourths of the states, but it does not require the president's signature.
Concurrent resolutions are used to make or amend rules that apply to both houses and express the sentiments of both houses. They are designated H.Con.Res. or S.Con.Res. and followed by a number. They must be passed in the same form by both houses but do not require the president's signature and do not have the force of law.
Simple resolutions are used to express the sentiments of a single house, such as offering condolences to the family of a deceased member of Congress, or giving "advice" on foreign policy or other executive business. They do not require the approval of the other house, the signature of the president, and do not have the force of law.
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The role of Congress
Congress is the federal government's lawmaking branch. Its chief function is to make laws. The legislative process is a matter that every person should be well informed about to understand and appreciate the work of Congress.
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. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. 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, 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. The president can approve the bill and sign it into law. Or the president can refuse to approve a bill. 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. 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. This action is called a pocket veto, and it cannot be overridden by Congress.
Congress must assemble at least once every year, at noon on the third day of January, unless another day is appointed by law. A Congress lasts for two years, commencing in January of the year following the biennial election of Members. A Congress is divided into two regular sessions.
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The President's powers
In the United States, Congress is the law-making 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, be proposed during their election campaign, or be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. Once a bill is introduced, it is assigned to a committee, which researches, discusses, and makes 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 can approve the bill and sign it into law or refuse to approve it by vetoing it. If the president chooses to veto a bill, in most cases, Congress can vote to override that veto, and the bill becomes a law. 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.
The Constitution explicitly assigns the president the power to sign or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors. The president takes care that the laws are faithfully executed and has the power to appoint and remove executive officers. As a result, the president can direct officials on how to interpret the law (subject to judicial review) and on staffing and personnel decisions. The president may make treaties, which need to be ratified by two-thirds of the Senate, and is accorded those foreign-affairs functions not otherwise granted to Congress or shared with the Senate. Thus, the president can control the formation and communication of foreign policy and can direct the nation's diplomatic corps. The president may also appoint Article III judges and some officers with the advice and consent of the U.S.
In times of war or national emergency, Congress may grant the president broader powers to manage the national economy and protect the United States' security. Executive privilege gives the president the ability to withhold information from the public, Congress, and the courts in matters of national security and diplomatic affairs.
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The House of Representatives
In the United States, Congress is the law-making branch of the federal government. It consists of the Senate and the House of Representatives. The House of Representatives is composed of 435 members, elected every two years from among the 50 states, apportioned according to their total populations. The permanent number of 435 members was established by federal law following the Thirteenth Decennial Census in 1910.
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 House of Representatives or be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress representing them. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill is then put before the chamber for a vote. If the bill passes one body of Congress, it goes through the same process in the other body. Once both bodies vote to accept a bill, they must reconcile 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 for approval.
Joint resolutions may originate in the House of Representatives or the Senate, and they become law in the same manner as bills, with some exceptions. Concurrent resolutions are used to express the facts, principles, opinions, and purposes of the two Houses and are not presented to the President for approval.
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The Senate
Congress is the lawmaking branch of the federal government in the US. It consists of the Senate and the House of Representatives. While both are equal in how they function, there are some differences in the legislative processes of the Senate and the House. For example, only the House can initiate tax and revenue-related legislation, while only the Senate can draft legislation related to presidential nominations and treaties. The House processes legislation through a majority vote, while the Senate does so through deliberation and debate prior to voting.
The idea for a bill can come from a sitting member of the Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress that represents them. 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.
Each Senator has one vote. The House of Representatives is composed of 435 members elected every two years from among the 50 states, apportioned to their total populations. Unlike the House, where a special election must be called if a Representative dies or resigns during their term, a successor in the Senate may be appointed by a governor when a vacancy occurs during a term.
In the matter of impeachments, the House of Representatives presents the charges, and the Senate sits as a court to try the impeachment. No impeached person may be removed without a two-thirds vote of those Senators voting, with a quorum being present.
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Frequently asked questions
Congress is the lawmaking branch of the federal government in the US. A bill can be proposed by a sitting member of the U.S. Senate or House of Representatives, during an election campaign, or by petition from citizen groups.
Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes to the other body to go through a similar process. If both bodies vote to accept a bill, they must work out any differences between the two versions.
Once both bodies of Congress accept a bill, they vote on the same version of the bill. If it passes, it is presented to the president for approval. The president can approve the bill and sign it into law, or they can veto it. If the president vetoes a bill, Congress can vote to override that veto, and the bill becomes a law.
