The Executive Branch: Writing Bills, Creating Laws

The process of how a bill becomes a law is a key aspect of the US political system. The US Constitution establishes the Legislative Branch, which consists of the House of Representatives and the Senate, together forming the United States Congress. The Legislative Branch has the sole authority to create and modify laws, and Congress is the law-making branch of the federal government.

The process begins with the introduction of a bill to Congress, which can be done by any member. The bill is then referred to the appropriate committee for review, where it may be accepted, amended, or rejected. If the committee approves, the bill is reported to the floor of the House or Senate, and the majority party leadership decides when to place the bill on the calendar for consideration. The bill is then debated and voted on, and if passed, it is sent to the other chamber. If both chambers pass the same bill, it is sent to the President for signature. If the President approves, the bill becomes law. However, if the President disagrees, they may veto the bill, sending it back to Congress. Congress can then override the veto with a two-thirds vote in both chambers, and the bill becomes law.

The Legislative Branch's composition

The Legislative Branch of the United States government is established by Article I of the Constitution and consists of the House of Representatives and the Senate, which together form the United States Congress. 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. Members of the House are elected every two years and must be 25 years of age, a US citizen for at least seven years, and a resident of the state they represent. The House has several exclusive powers, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie.

The Senate, on the other hand, is composed of 100 Senators, with 2 Senators representing each state. Senators are elected to six-year terms by the people of each state and their terms are staggered so that about one-third of the Senate is up for reelection every two years. Senators must be 30 years of age, US citizens for at least nine years, and residents of the state they represent. The Vice President of the United States serves as the President of the Senate and can cast a decisive vote in the event of a tie.

The Legislative Branch has been granted substantial powers by the Constitution, including the sole authority to enact legislation, declare war, regulate interstate and foreign commerce, and control taxing and spending policies. It also has the right to confirm or reject many Presidential appointments and possesses extensive investigative powers.

The Legislative Branch's powers

The Legislative Branch of the US government, established by Article I of the Constitution, is made up of the House of Representatives and the Senate, which together form the United States Congress. The Legislative Branch has several powers, including:

• The sole authority to enact legislation and declare war.
• The right to confirm or reject many Presidential appointments.
• Substantial investigative powers.
• The power to initiate revenue bills, which is exclusive to the House of Representatives.
• The power to impeach federal officials, which is also exclusive to the House of Representatives.
• The power to elect the President in the case of an electoral college tie, which is exclusive to the House of Representatives.
• The power to ratify treaties, which is exclusive to the Senate.
• The power to confirm Presidential appointments, which is exclusive to the Senate.
• The power to approve appointments to the Vice Presidency, which is shared with the House of Representatives.
• The power to approve treaties involving foreign trade, which is shared with the House of Representatives.
• The power to establish an annual budget for the government.
• The power to levy taxes and tariffs to provide funding for essential government services.
• The power to authorize borrowing to make up funding shortfalls.
• The power to mandate spending on specific items, commonly known as "earmarks".
• The power to conduct oversight of the executive branch, including holding hearings and issuing subpoenas.

The Legislative Process

The bill then goes to the Senate or Assembly Rules Committee, where it is assigned to a policy committee. The bill must appear in the Daily File for four days prior to being heard in a committee. This is the agenda of the day's business, along with public notice of bills set for committee hearings.

At this point, individuals or groups can contact their legislator to communicate their position on the bill. Most bills generate support and opposition from a variety of groups, and it is a good idea to align yourself with those who hold your position and work together to talk to the committee members. When testifying before the committee, it is important to keep your testimony short and to the point.

If the bill has a fiscal impact or a state cost, it will be heard by either the Senate or Assembly Appropriations Committee. Here, individuals or groups should communicate their support or opposition to the bill based on a fiscal argument.

Once the bill passes the House of Origin, it goes to the Second House, where it goes through the committee process again. On Third Reading, the author presents the bill for passage by the entire house. Most bills require a majority vote, while some require a two-thirds vote.

At any time during the legislative process, the bill may be amended, either in committee or on the Floor. After amendments have been submitted to the author, the bill goes through another printing to reflect the changes. Amendments should be followed very carefully, and it is helpful to stay in contact with the District Office to keep track of current versions of a bill.

If a Senate bill is amended by the Assembly, or vice versa, and the house of origin refuses to concur in those amendments, the bill will go to a conference committee. If the house of origin does concur, the bill goes to the Governor.

Members of the conference committee are appointed by the Rules Committees, with three members from the Senate and three from the Assembly meeting to negotiate the differences. If they agree on a single version, it goes back to both Floors for approval.

The Governor then has the option to sign, approve without signing, or veto the bill. If the bill is signed or approved without a signature, it goes to the Secretary of State to be chaptered. If the Governor vetoes the bill, a two-thirds vote in each house is needed to override the veto.

The President's role in the Legislative Process

The President's legislative role has grown significantly since 1900, influenced by political and social forces, the rise of parties, and the recognition of the President as the party leader.

Article II, Section 1 of the United States Constitution states that the President:

> "shall take Care that the Laws be faithfully executed..."

The President's legislative powers include:

• Approving legislation: The President has the duty to either approve or reject bills passed by Congress. Once the President signs a bill into law, it goes into effect immediately unless another effective date is noted. The President may also issue a signing statement, explaining the purpose of the bill, instructing the executive branch agencies on how to administer the law, or expressing their opinion on its constitutionality.
• Veto power: The President can veto a specific bill, which Congress can override with a two-thirds majority vote in both the Senate and the House. If the bill originates in the House, Congress can also rewrite the legislation and send it back to the President for approval. If the President takes no action on a bill within 10 days while Congress is in session, it automatically becomes law. However, if Congress does not convene within 10 days, the bill is vetoed by default, known as a "pocket veto", which cannot be overridden.
• Proposing legislation: The President is authorised to propose new legislation and often outlines their administration's legislative agenda shortly after taking office.
• Issuing proclamations and executive orders: The President can enact initiatives without congressional approval by issuing proclamations, which are often ceremonial, and executive orders, which have the full effect of law and are directed at federal agencies. Congress can override an executive order by passing a bill to cancel or change it, which the President will typically veto.

Additionally, the President is required to provide Congress with an annual State of the Union address, where they often lay out their legislative agenda for the next year. They may also ask specific lawmakers to sponsor and lobby for the passage of bills.

Congress's investigative powers

Congress is the law-making branch of the federal government of the United States. It is comprised of the House of Representatives and the Senate, which together form the United States Congress. The Constitution grants Congress substantial investigative powers.

Congress has the authority to conduct investigations "in aid of its legislative function". This authority can extend to investigations for the purpose of deciding whether legislation is appropriate, to information gathering on matters of national importance, and to oversight of federal departments and executive agencies.

Congressional committees have broad discretion regarding both the scope of their investigations and the relevance of the information they request. They can summon anyone, whether inside or outside the government, to testify. They can also issue subpoenas, compel witnesses to testify, and hold them in contempt if they fail to comply.

The investigative powers of Congress are not unlimited, however. Congress has no general authority to investigate the purely private affairs of ordinary citizens. The doctrine of separation of powers also places limits on congressional authority to investigate. Congress cannot investigate matters where the means of redress is purely judicial, nor can it investigate matters committed to the President's discretion.

While Congress can investigate conduct that may be criminal, it lacks the authority to bring criminal charges or initiate a criminal prosecution. If a congressional investigation uncovers evidence of criminal activity, Congress may refer the matter to the Department of Justice for investigation and potential prosecution.

Congressional investigations have historically served to inform Congress itself and to inform the public. They have uncovered wrongdoing, punished transgressors, and produced legislation aimed at prohibiting similar abuse in the future. Over the past two centuries, the Senate has probed issues such as interstate commerce, Ku Klux Klan activities, the sinking of the R.M.S. Titanic, Wall Street banking practices, organised crime, anti-union activity, the sale of cotton, and the Vietnam War.

Frequently asked questions