Anaya Nolan
The ability to approve laws is a key function of any government, and in the US, this power is vested in the legislative branch of the federal government, also known as Congress. Congress is made up of the House of Representatives and the Senate, and all legislative power is held by these two bodies. 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 a bill is introduced, it is assigned to a committee, discussed, and amended before being put to a vote. If a bill passes through one body of Congress, it goes through the same process in the other body. Once both bodies have approved, the bill is sent to the President, who can approve the bill and sign it into law or veto it. However, Congress can override a veto with a two-thirds majority in both houses.
| Characteristics | Values |
|---|---|
| Branch that approves laws | Legislative Branch |
| Members | House of Representatives and the Senate |
| Number of members in the House of Representatives | 435 elected members and 6 non-voting members |
| Number of members in the Senate | 100 |
| Powers | Enact legislation, declare war, confirm or reject Presidential appointments, investigative powers, ratify treaties, confirm Vice President, remove President from office |
| Law approval process | Bills are proposed, assigned to a committee, voted on by each body of Congress, differences between versions are worked out, the bill is signed into law by the President |
| Veto power | President can veto bills, but Congress can override the veto with a two-thirds vote |
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What You'll Learn
The US Congress is the lawmaking branch
The process of how a bill becomes a law differs slightly between the House of Representatives and the Senate. However, in both cases, 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 US 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 committee will also seek input from relevant departments and agencies about the bill.
After the committee stage, the bill is put before the 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. To do this, a Conference Committee is convened, consisting of members from both chambers. The members of the committee produce a conference report, intended as the final version of the bill. Each chamber then votes again to approve the conference report. Depending on where the bill originated, the final text is then enrolled by either the Clerk of the House or the Secretary of the Senate, and presented to the Speaker of the House and the President of the Senate for their signatures. The bill is then sent to the President.
When receiving a bill from Congress, the President has several options. If the President agrees with the bill, they may sign it into law, and the bill is then printed in the Statutes at Large. If the President does not approve of the bill, they can veto it. 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, in what is called a "pocket veto", which cannot be overridden by Congress.
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The House of Representatives and the Senate form the US Congress
The United States Congress is made up of the House of Representatives and the Senate, established by Article I of the Constitution. The Constitution grants Congress the sole authority to enact legislation and declare war, confirm or reject many Presidential appointments, and substantial investigative powers.
The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. There are also 6 non-voting members, representing the District of Columbia, Puerto Rico, and four other US territories. To be elected to the House, a person must be at least 25 years old, a US citizen for seven years or more, and an inhabitant of the state they represent. Members of the House are elected for two-year terms, and all members are up for re-election every two years. The presiding officer of the chamber is the Speaker of the House, elected by the Representatives.
The Senate is composed of 100 members, with each state represented by two senators, regardless of population or area. Senators are elected for six-year terms, and every two years, 1/3 of the Senate is up for re-election. To be elected to the Senate, a person must be at least 30 years old, a US citizen for nine years or more, and a resident of the state they represent.
Both the House and the Senate have equal legislative authority, although there are some procedural differences. While both are equal in how they function, only the House can initiate tax and revenue-related legislation. 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.
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 Senate or House of Representatives, be proposed during their election campaign, or be petitioned by people or citizen groups. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to the bill. The bill is then put before the chamber to be voted on. 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 work out any differences between the two versions.
The President then considers the bill. They can approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the President chooses to veto a bill, Congress can vote to override the veto, and the bill becomes a law. However, if the President does not sign off on a bill and Congress is no longer in session, the bill will be vetoed by default, known as a pocket veto, which cannot be overridden by Congress.
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The President can veto bills passed by Congress
In the United States, the President can veto bills passed by Congress. This authority is granted by Article I, Section 7 of the Constitution and is one of the most significant tools the President can employ to prevent the passage of legislation. The President has 10 days (excluding Sundays) to act on the legislation; otherwise, it automatically becomes law.
There are two types of vetoes: the "regular veto" and the "pocket veto." In the case of a regular veto, the President returns the unsigned legislation to the originating house of Congress within 10 days, usually with a memorandum of disapproval or a "veto message." Congress can override the President's decision with a two-thirds vote in both the House of Representatives and the Senate.
The first regular veto was issued by President George Washington on April 5, 1792. The first successful congressional override occurred on March 3, 1845, when Congress overrode President John Tyler's veto.
A pocket veto is an absolute veto that cannot be overridden. It occurs when the President fails to sign a bill after Congress has adjourned, and Congress is unable to override the veto. The authority of the pocket veto is derived from Article I, Section 7 of the Constitution, which states, "the Congress by their adjournment prevent its return, in which case, it shall not be law."
Congress is the lawmaking branch of the federal government, and it consists of the House of Representatives and the Senate. While the President can veto bills passed by Congress, Congress also has the power to override a veto, demonstrating the system of checks and balances in the US government.
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Congress can override a presidential veto
In the United States, the legislative branch, or Congress, is responsible for enacting laws. Congress is made up of the House of Representatives and the Senate, which work together to form laws. The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. There are also 6 non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other US territories.
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 through the same process in the other body. Once both bodies accept a bill, they must work out any differences between the two versions.
After a bill is passed by both houses of Congress, it is sent to the President, who has several options. The President can approve the bill and sign it into law. Alternatively, they can refuse to approve it, which is called a veto. If the President chooses to veto a bill, Congress can vote to override that veto, and the bill becomes law. This is called a "regular veto".
To override a presidential veto, Congress must vote by a two-thirds majority in both the Senate and the House of Representatives. This power is granted by Article I, Section 7 of the US Constitution. However, it's important to note that if Congress adjourns before the 10-day period following a veto is up, the bill cannot be returned with a veto, and it is effectively killed. This is called a ""pocket veto", and it cannot be overridden by Congress.
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The Senate and House have procedural differences
The United States Congress is made up of the House of Representatives and the Senate, which together form the legislative branch of the federal government. Congress is the only branch of the US government that can make new laws or change existing ones.
The Senate and the House have some procedural differences. While both are equal in how they function, there are some key differences in their processes. For instance, only the House can initiate tax and revenue-related legislation. Conversely, only the Senate can draft legislation related to presidential nominations and treaties. The House processes legislation through a majority vote, whereas the Senate does so through deliberation and debate prior to voting. The Senate typically requires a three-fifths majority, or 60 votes in favour, whereas the House requires only a numerical majority. This allows the House to process legislation more quickly. In the Senate, individual senators have more options to slow the progress of a bill by making procedural requests, such as keeping floor debate open. This is intended to encourage careful discussion and consideration of issues. In the House, majority party leaders control the priority of various policies and determine which bills are debated. In the Senate, minority party leaders have more influence over such procedures, so the majority leaders must work more closely with them.
Another difference is that joint resolutions may originate in either the House or the Senate, but not jointly in both Houses, as is sometimes assumed. 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. Both are subject to the same procedure except for a joint resolution proposing an amendment to the Constitution. When a joint resolution amending the Constitution is approved by two-thirds of both Houses, it is not presented to the President for approval.
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