Lawmaking Powers: Who Gets To Decide?

The process of law-making is a complex one, and it differs across nations. In the United States, for instance, a bill must pass through several stages before becoming a law. A bill is first sponsored by a Representative, then assigned to a committee for study, followed by a period of debate and voting. If the bill passes by a simple majority, it moves to the Senate, where it is assigned to another committee, debated, and voted on. If changes are made, the bill must return to the House of Representatives for approval, before moving back to the Senate for final approval. The President then has the power to veto or sign the bill into law. This process is a cornerstone of democracy, allowing for the protection of the minority and providing an opportunity for all sides to be heard.

The President

In times of war or national emergency, Congress may grant the President broader powers to manage the national economy and protect the United States. The President also has the power to order and direct troops as Commander-in-Chief of the armed forces, and they can call upon the National Guard and naval militias of the states to supplement regular forces, assist state governments in the case of rebellion or insurrection, or enforce federal law when normal means are impracticable.

The House of Representatives

The United States House of Representatives, commonly referred to as the lower house, is composed of representatives who sit in single-member congressional districts allocated to each state based on population, as measured by the United States census. Each district has at least one representative, and since 1913, the number of voting representatives has been 435, pursuant to the Apportionment Act of 1911. The House of Representatives first convened on April 1, 1789, in New York City, which was then the nation's capital.

Additionally, in the case of a presidential election where no candidate receives a majority of electoral votes, the House of Representatives chooses the President from among the three candidates with the largest number of electoral votes. Each state delegation has one vote in this process.

The presiding officer of the House of Representatives is the Speaker, who is elected by the members of the House and combines several institutional and administrative roles. The House operates through a majority vote, in contrast to the Senate, which emphasizes deliberation and debate before voting.

The Senate

The legislative process in the United States is designed to be a safeguard of American democracy, with its emphasis on the protection of the minority. This allows ample opportunity for all sides to be heard and make their views known. A proposal cannot become a law without consideration and approval by both Houses of Congress.

The legislative process begins with a public hearing where committee or subcommittee members hear witnesses representing various viewpoints on the measure. After the hearings are completed, the bill is considered in a session that is popularly known as the "mark-up" session. At this point, amendments may be offered to the bill, and the committee or subcommittee members vote to accept or reject these changes. If the bill passes by a simple majority, it moves to the Senate.

In the Senate, the bill is assigned to another committee and, if released, debated and voted on. If the Senate makes changes to the bill, it must return to the House of Representatives for concurrence. The back-and-forth negotiation may occur on the House floor, with the House accepting or rejecting Senate amendments or complete Senate text. A conference committee may be appointed with members from both the House and the Senate to resolve differences and report the identical measure back to both bodies for a vote.

Congress

In the United States, Congress is responsible for making laws. The legislative process is designed to ensure that laws are made in a careful and considered manner, with opportunities for input from various stakeholders and experts.

The first step in the legislative process is typically a public hearing where committee or subcommittee members hear witnesses representing diverse viewpoints on the proposed measure. After the hearings, the bill moves to the "mark-up" session, where amendments can be offered, and committee or subcommittee members vote to accept or reject these changes. The committee then votes on what action to take on the measure, and it can be reported with or without amendments or tabled for no further action.

If a bill is approved by the committee, it is then assigned to a calendar and put up for a vote, debate, or additional amendments. If it passes by a simple majority, the bill moves to the Senate, where it undergoes a similar process of committee review, debate, and voting. If the Senate makes changes, the bill returns to the House for concurrence or further amendments. This back-and-forth negotiation ensures that both chambers have input and can reach a consensus.

Once a bill has passed both the House and the Senate, it is presented to the President for signature into law. The President has the power to veto the bill, in which case Congress can vote to override the veto and pass the bill into law. However, if the President does not sign off on the bill and Congress is no longer in session, the bill is effectively vetoed and cannot be overridden. This process highlights the critical role of Congress in law-making, where both the House and the Senate must approve a bill for it to become a law.

Committees and subcommittees

The committee process allows for a thorough examination of the proposed legislation, with hearings being held to hear witnesses representing various viewpoints on the measure. These hearings are generally open to the public, except in specific cases involving national security or sensitive information. After the hearings, the committee enters the "`mark-up`" session, where amendments can be offered, and members vote to accept or reject these changes.

If the committee approves the bill, it moves forward in the legislative process, being placed on a calendar for a vote, debate, or further amendments. If the bill passes by a simple majority, it then goes to the Senate, where it is assigned to another committee for further review and potential changes. This back-and-forth negotiation between the House and the Senate ensures that the legislation is thoroughly vetted and can result in a conference committee being appointed to resolve differences.

The committee structure within the legislative process provides a mechanism for detailed analysis, deliberation, and amendment of proposed laws. It allows for the consideration of diverse perspectives and helps shape the final version of the legislation before it is presented to the President for signature or veto.

Frequently asked questions