Gavin Howe
The process of creating a new law varies by country and political system. 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 an election campaign, or be petitioned by citizens or citizen groups. In Canada, the legislative process involves all three parts of Parliament: the House of Commons, the Senate, and the Monarch. In both countries, a bill must go through several stages of review and approval before becoming a law.
| Characteristics | Values |
|---|---|
| Country | USA, Canada |
| Proposer of a new law | A sitting member of the U.S. Senate or House of Representatives, a member of Congress, state legislatures, the President, the President's Cabinet, the head of an independent agency, the House of Commons, the Senate, the Monarch, the Governor General, the Minister, the Governor in Council |
| Body that imposes a new law | Congress, the President, the Senate, the House of Representatives, the Governor General, the Minister, the Governor in Council |
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What You'll Learn
The US President and their Cabinet
Firstly, the President can propose new laws by transmitting a draft bill to the Speaker of the House of Representatives and the President of the Senate. This is known as an "executive communication" and has become a common method for the executive branch to initiate legislation. The President's Cabinet plays a crucial role in this process, as a bill proposal may come from a member of the Cabinet, who advises the President on policy matters.
Secondly, the President has the power to sign or veto legislation. If the President chooses to veto a bill, Congress can attempt to override the veto with a two-thirds vote in both the House and the Senate, which is a challenging and uncommon process. However, the threat of a veto often leads Congress to modify a bill to the President's liking. On the other hand, if the President signs a bill, they may also issue a signing statement expressing their opinion on the bill's constitutionality and even declaring certain provisions unenforceable.
Thirdly, the President has the authority to call Congress into session or adjourn it, which can impact the legislative process. Additionally, the President can direct officials on how to interpret the law and make staffing decisions, influencing the implementation of laws.
In certain situations, the President's powers can expand. For example, during times of war or national emergency, Congress may grant the President broader powers to manage the national economy and protect the country's security. Furthermore, research has indicated that administrations since Eisenhower have drafted secret Presidential Emergency Action Documents (PEADs) that grant the President extraordinary powers in response to specific situations. These powers are not widely known but include the ability to detain "alien enemies," invoke martial law, and censor news reports.
While the President and their Cabinet have significant influence, it is essential to note that the US system of government is designed with a separation of powers and a system of checks and balances to prevent any one branch from having too much authority. The legislative process involves multiple steps and requires the involvement of both houses of Congress, ensuring that new laws are carefully considered and debated before being enacted.
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US Congress
In the US, 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 it can 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.
The US Congress is made up of the Senate and the House of Representatives. While both are equal in how they function, there are some procedural differences. For example, only the House can initiate tax and revenue-related legislation, and 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.
Once a bill passes one body of Congress, it goes to the other body to go through the same process of research, discussion, changes, and voting. If the bill passes both houses 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.
The congressional budget process is designed to coordinate decisions on sources and levels of revenues and expenditures. Congress adopts a concurrent resolution imposing overall constraints on revenues and spending and distributing spending among groups of programs and activities. Congress may also adopt a later budget resolution that revises or reaffirms the most recently adopted budget resolution. One mechanism Congress uses to enforce projected budget authority and spending is called the reconciliation process. Under this process, Congress directs one or more legislative committees to report bills or recommend changes in laws that will achieve the levels of spending and revenues set by the budget resolution.
In modern times, "executive communication" has become a prolific source of legislative proposals. This communication is usually in the form of a message or letter from a member of the President's Cabinet, the head of an independent agency, or the President, transmitting a draft of a proposed bill to the Speaker of the House of Representatives and the President of the Senate.
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US Senate
The US Senate plays a crucial role in the process of enacting a new law. A bill, which is a proposal for a new law or a change to an existing law, can originate from a sitting member of the US Senate. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill is then presented to the Senate chamber for voting. If the bill passes in the Senate, it goes to the House of Representatives for a similar process of committee review and voting.
The Senate and the House have some procedural differences in how they process legislation. While both chambers are equal in function, there are certain types of legislation that only one chamber can initiate. For example, only the House can initiate tax and revenue-related legislation, while the Senate is the only chamber that can draft legislation related to presidential nominations and treaties. The House typically processes legislation through a majority vote, while the Senate engages in deliberation and debate prior to voting.
After a bill passes one body of Congress, it goes to the other body, and if it passes there as well, both chambers must work out any differences between the two versions. Once both chambers agree on a single version of the bill, they vote on it again. If the bill passes this final vote, it is presented to the President.
The President has the power to veto a bill, but in most cases, Congress can override that 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 is vetoed by default in what is called a "pocket veto," which cannot be overridden by Congress.
In addition to bills proposed by members of Congress, the Senate also considers memorials and petitions from state legislatures, territorial legislatures, and insular possession legislatures or conventions. These memorials and petitions are numbered and assigned a prefix POM. They are printed in full in the Record when presented. Senators can introduce proposals based on these memorials and petitions or consult with the Legislative Counsel to frame the ideas in suitable legislative language.
The Senate also receives "executive communications," which are messages or letters from members of the President's Cabinet, heads of independent agencies, or the President transmitting a draft of a proposed bill. The Senate also engages in the congressional budget process, which involves coordinating decisions on revenues and expenditures and adopting a concurrent resolution imposing overall constraints on revenues and spending.
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US House of Representatives
The US House of Representatives is an integral part of the lawmaking process in the country. A bill, which is a proposal for a new law or a change to an existing law, can originate in the House of Representatives. A bill can be proposed by a sitting member of the House or be petitioned by citizens or groups who recommend a new or amended law to their representative. Notably, all bills for raising revenue must originate in the House, per Article I, Section 7 of the Constitution. Additionally, the House is responsible for initiating tax and revenue-related legislation.
Once a bill is introduced in the House, it is assigned to a committee. The committee members research, discuss, and make changes to the bill. The bill is then put before the chamber for a vote. If the bill passes the House, it moves to the Senate, where it undergoes a similar process of research, discussion, potential changes, and voting. If the bill passes both chambers, the differences between the two versions must be reconciled, and both chambers vote on the same version of the bill. If it passes this stage, it is presented to the President.
The House of Representatives also plays a crucial role in the congressional budget process. Each year, Congress adopts a concurrent resolution imposing constraints on revenues and spending and distributing spending across various programs and activities. This process is designed to coordinate decisions on revenue sources, expenditure levels, and fiscal allocations. The House may also initiate the reconciliation process, directing committees to recommend changes in laws to align with budget resolutions.
Furthermore, the House has specific rules regarding broadcasting and recording of proceedings. While broadcasting and recording are permitted, the rules prohibit the use of such recordings for political or commercial purposes.
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Canadian Parliament
Canada is a constitutional monarchy and a parliamentary democracy, founded on the rule of law and respect for rights and freedoms. The Canadian Parliament is bicameral, consisting of the Crown, the Senate, and the House of Commons. The Senate is the Upper Chamber, consisting of senators appointed by the Governor General to represent the regions of the country, while the House of Commons is the Lower Chamber, consisting of members elected to represent the people from their electoral districts.
The Canadian Parliament is the federal institution with the power to make laws, raise taxes, and authorize government spending. Proposed government legislation is usually introduced in the House of Commons by a minister. Bills calling for the spending of public revenues or the imposition of taxes must originate in the House of Commons. Once a bill is adopted in the same form in both the House of Commons and the Senate, it can receive Royal Assent, the last step in the legislative process that allows a bill to become law.
The Cabinet is the key decision-making forum in the Canadian government, leading and directing the executive branch. Cabinet ministers are individually responsible to Parliament for the exercise of their powers and are collectively accountable for all Cabinet decisions. The Cabinet acts as an executive council that develops policies to govern the country and introduces bills to transform these policies into law.
Since Canada is a federal state, responsibility for lawmaking is shared among one federal, ten provincial, and three territorial governments. The judiciary is responsible for interpreting and applying the law and the Constitution and for rendering impartial judgments.
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Frequently asked questions
A bill for a new law can be proposed by a sitting member of the U.S. Senate or House of Representatives, or it can 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.
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 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.
If the president chooses to veto a bill, 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, which is called a "pocket veto" and cannot be overridden by Congress.
