Cecily Zamora
In the United States, laws are made by Congress, which consists of the House of Representatives and the Senate. A bill is a proposal for a new law or a change to an existing law and can be introduced by a sitting member of either the Senate or the House of Representatives. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. Once a bill is introduced, it is assigned to a committee, which will research, discuss, and make changes to the bill. The majority of laws originate in the House of Representatives, and bills for raising revenue must originate in the House. The President has influence in the legislative process, as they have the power to veto legislation, and Congress typically must accommodate the President's position on proposed policies.
| Characteristics | Values |
|---|---|
| Who can propose a law | Sitting members of the U.S. Senate or House of Representatives, people or citizen groups who recommend a new or amended law to a member of Congress |
| Where does a proposed law go after being introduced | A committee whose members will research, discuss, and make changes to the bill |
| What are the four forms a proposal can take | Bill, joint resolution, concurrent resolution, and simple resolution |
| Which form is used the most | Bill |
| Which House does the majority of laws originate in | House of Representatives |
| Which House do all bills for raising revenue originate in | House of Representatives |
| Which House do general appropriation bills originate in | House of Representatives |
| Who has the power to veto legislation | The President |
| Who has the prerogative and responsibility to provide oversight of policy implementation | Congress |
| Who plans and coordinates congressional action | Party leaders in each chamber |
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Members of Congress
The House of Representatives and the Senate have equal legislative roles and functions, and a bill must be passed by both chambers in identical form before being presented to the President. The President has the power to veto legislation, which can significantly impact the content of bills passed by Congress. It is rare for a bill to become law over a presidential veto. If the President signs the bill or does not veto it within 10 days, it becomes law. If the President vetoes the bill, it can still become law if two-thirds of both the Senate and the House vote in favor of the bill.
In addition to bills, joint resolutions are used for continuing or emergency appropriations and proposing amendments to the Constitution. Like bills, they require approval from both chambers and the President's signature to become law. Concurrent resolutions must also be passed by both chambers in identical form but do not require the President's signature and do not carry the force of law. Simple resolutions address matters within the purview of one house, such as revising rules or expressing sentiments, and do not require approval from the other chamber or the President.
While the legislative process is primarily driven by Congress, the President can influence it by recommending an annual budget for federal agencies and suggesting legislation. The majority party leaders in each chamber play a crucial role in planning and coordinating congressional action, setting the policy agenda, and deciding which proposals will be considered.
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The President
In times of war or national emergency, Congress may grant the President broader powers to manage the national economy and protect the security of the United States, which are not expressly granted by the Constitution. They also have the power of executive privilege, which allows them to withhold information from the public, Congress, and the courts in national security and diplomatic affairs.
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Citizen groups
In the United States, citizen groups can bring up proposed laws through a process called the initiative process, which allows citizens to propose statutes or constitutional amendments to be placed on the ballot in their state. This process can be direct or indirect, depending on the state. Direct citizen initiatives are placed on the ballot without the involvement of the state legislature, provided they meet certain requirements, typically related to signature collection, subject matter, and deadlines. On the other hand, indirect citizen initiatives are submitted to the state legislature for approval, modification, or rejection.
While the initiative process empowers citizens to directly influence legislation, it has also caused tension between voters and their elected representatives. Some lawmakers view it as a challenge to their authority and have sought to impose additional requirements on citizen ballot initiatives. For example, some states have implemented font size requirements for petition titles and mandated that canvassers verify that petition signers have read or had read to them the ballot title. Additionally, certain states require volunteers collecting signatures to register with the state, with violations potentially resulting in felony charges.
The initiative process varies across US states. As of 2025, about half of the states allow citizens to bypass their legislatures and place proposed laws or constitutional amendments on the ballot through signature gathering. Since 1904, when Oregon voters first utilised this process, a total of 2,744 citizen initiatives have been presented on statewide ballots, with a 42% approval rate. However, the majority of laws are still enacted by the legislative bodies, with most laws originating in the House of Representatives.
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Party leaders
In the Senate, the leader of the majority party is generally expected to propose items for consideration. However, they typically must negotiate with minority party leaders and individual senators to secure their support. This is because the Senate's rules and procedures favour deliberation, providing individual senators with significant procedural leverage.
In both chambers, the standing committees, composed of members from both parties, play a crucial role in developing and assessing legislation. These committees are chaired by a member of the majority party, who works closely with the committee's ranking member from the minority party. The committees provide a forum for public input and intensive consideration of proposed measures. The majority party leaders in each chamber influence the committee process by appointing committee chairs and determining committee assignments.
Additionally, party leaders in each chamber are responsible for planning and coordinating congressional action. They play a key role in managing the legislative calendar and deciding when to place bills on the calendar for consideration. This includes determining the priority of bills and whether they will be fast-tracked or delayed.
Overall, party leaders in the House and Senate have significant influence over the legislative process, from proposing items for consideration to managing the committee process and setting the legislative agenda. Their role is essential in shaping the policy direction and ensuring the smooth functioning of the legislative branch.
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Committees
There are different types of committees, including standing committees, joint committees, and special or select committees. Standing committees are permanent fixtures established under the Senate's rules, focusing on specific subject areas. The Senate has 16 standing committees, each with its own jurisdiction. Joint committees, on the other hand, include members from both houses of Congress and are typically established with narrower jurisdictions. Special or select committees are formed to address specific issues or conduct investigations.
Committee hearings are a vital aspect of the legislative process. These hearings are usually open to the public and serve as a platform for gathering information, conducting oversight, and investigating allegations of wrongdoing. Hearings can also be held to evaluate presidential nominations to executive and judicial positions within the committee's jurisdiction. The Senate has the power of "advice and consent" in these nominations.
The work of committees is essential in shaping the final version of a bill. They can order the introduction of a ""clean bill"" incorporating proposed amendments, which is then sent to the floor while the previous version is discarded. Committees also prepare written reports explaining their support for a bill and their reasons for suggesting amendments. These reports are sent back to the chamber for further consideration.
Additionally, committees have the authority to hold witnesses who appear before them to specific requirements. Witnesses are generally required to submit written statements of their proposed testimony in advance and may be subject to interrogation by committee members. Committees may also call for expert witnesses to provide additional insights or perspectives. Overall, committees play a critical role in scrutinizing and refining proposed laws, ensuring that they are thoroughly vetted before progressing through the legislative process.
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Frequently asked questions
Members of the U.S. Senate or House of Representatives can propose a new law, also known as a bill. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress.
There are four types of proposals: bills, joint resolutions, concurrent resolutions, and simple resolutions. Bills are the most common type of proposal, dealing with domestic and foreign issues, and programs. Joint resolutions are similar to bills but are generally used for continuing or emergency appropriations or proposing amendments to the Constitution. Concurrent resolutions must be passed in the same form by both houses but do not require the signature of the president and do not have the force of law. Simple resolutions address matters within the prerogative of one house and do not require approval from the other house or the president's signature.
Once a bill is introduced in either the Senate or the House of Representatives, it is assigned to a committee that researches, discusses, and makes changes to the bill. If the bill is passed in both the Senate and the House, it goes to the President. If the President signs the bill or does not sign it for 10 days, it becomes a law. If the President vetoes the bill, it can still become a law if two-thirds of the Senate and two-thirds of the House vote in favor of the bill.
