Keith Mack
The process of making a law varies across different countries and political systems. In the United States, for example, a bill can go through several steps before becoming a law. Any member of Congress, from the Senate or the House of Representatives, can propose a bill, which can then be introduced in the House or Senate depending on the sponsor. The bill is then carefully examined by committees and subcommittees, which may hold hearings to understand its implications and make revisions. The bill is then sent to the chamber, where it is debated and amended before being voted on. If the House and Senate pass the same bill, it is sent to the President for approval. The President can approve the bill, veto it, or take no action, which results in different outcomes. Congress can, in some cases, override a presidential veto. Understanding the legislative process is essential for citizens to appreciate the work of their representatives and ensure their voices are heard.
| Characteristics | Values |
|---|---|
| Country | USA |
| Who can make a law | Any member of Congress from the Senate or the House of Representatives |
| The ideas can come from everyday citizens and advocacy groups | |
| Who can pass a law | The President |
| Congress (if the President vetoes a bill) | |
| Both the House and the Senate (if the same bill is passed) | |
| Both the House and the Senate (if the President does not sign off on a bill and Congress is no longer in session) | |
| The House (if the bill is about tax and revenue-related legislation) | |
| The Senate (if the bill is about presidential nominations and treaties) |
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What You'll Learn
The role of the US President
In the United States, Congress is the law-making branch of the federal government. 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, or it can be proposed during their election campaign. Bills can also be petitioned by citizens or citizen 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. 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.
The US President has the power to sign or veto legislation. If the president chooses to veto a bill, 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. This action is called a "pocket veto," and it cannot be overridden by Congress. The president also has the power to command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors. The president takes care that the laws are faithfully executed and has the power to appoint and remove executive officers. The president may make treaties, which need to be ratified by two-thirds of the Senate, and is accorded those foreign-affairs functions not otherwise granted to Congress or shared with the Senate. Thus, the president can control the formation and communication of foreign policy and direct the nation's diplomatic corps. The president may also appoint Article III judges and some officers with the advice and consent of the US.
The President also has certain emergency powers, including the power to detain "alien enemies" and other "dangerous persons", invoke various forms of martial law, authorize a general warrant permitting the search and seizure of persons and property, suspend the production of the Federal Register, and censor news reports. The President also has executive privilege, which allows them to withhold information from the public, Congress, and the courts in national security and diplomatic affairs.
The President is the most important power in Washington and is one of the most famous and influential Americans. The President can raise issues nationally, and when they do so, it inevitably becomes subject to public debate.
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The House of Representatives
For a bill to pass the House of Representatives, it needs a simple majority, which means at least 218 out of 435 members must vote in favour of it. If the bill passes, it moves to the Senate, where it undergoes a similar process of committee consideration, debate, and voting. If the Senate makes changes to the bill, it returns to the House for concurrence or further amendments. This back-and-forth negotiation ensures that both chambers agree on the final version of the bill.
Once a bill passes both the House and the Senate in identical form, it is considered "enrolled." The enrolled bill is then presented to the President, who has several options. The President can sign the bill into law, veto it and return it to Congress, let it become a law without a signature, or use a pocket veto at the end of a session. The President's power to veto legislation significantly influences the content of bills passed by Congress, as it is uncommon for a law to be enacted over a presidential veto.
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The Senate
It is worth noting that the Senate has some procedural differences compared to the House. For example, only the Senate can draft legislation related to presidential nominations and treaties, and it processes legislation through deliberation and debate before voting, whereas the House uses a majority vote.
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The Conference Committee
It is worth noting that the Conference Committee is not the final step in the law-making process. After the committee's work is done and the report is approved by both chambers, the bill is then sent to the President for review and signature. Only then does the bill officially become a law.
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The Legislative Process
Any member of Congress – from the Senate or the House of Representatives – who has an idea for a law can draft a bill. These ideas can come from Congress members themselves or everyday citizens and advocacy groups. The primary Congress member supporting the bill is called the "sponsor", and the other members who support the bill are called "co-sponsors". Once the bill is drafted, it must be introduced. If a Representative is the sponsor, the bill is introduced in the House. If a Senator is the sponsor, the bill is introduced in the Senate. Once a bill is introduced, it can be found on Congress.gov, the official government website that tracks federal legislation.
After a bill is introduced, it is sent to a committee. Both the House and Senate have various committees composed of groups of Congress members interested in different topics such as health or international affairs. When a bill is in the hands of the committee, it is carefully examined and its chances of passage by the entire Congress are determined. The committee may even choose to hold hearings to better understand the bill's implications. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on record. If the committee does not act on a bill, it is considered "dead". Subcommittees are organized under committees and have further specialization on a particular topic. Often, committees refer bills to a subcommittee for study and hearings. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee.
The committee will then hold a "mark-up" session to make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" that includes the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change or reject all committee amendments before conducting a final passage vote. After the bill is reported, the committee staff prepares a written report explaining why they favour the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.
Once the bill reaches the floor, there is a debate and vote. In the House, debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. Debate is guided by the Sponsoring Committee, and time is divided equally between proponents and opponents. Amendments must be germane to the subject of a bill – no riders are allowed. The bill is reported back to the House and voted on. A quorum call is a vote to ensure that there are enough members present (218) for a final vote. If there is not a quorum, the House will adjourn or send the Sergeant at Arms out to round up missing members. In the Senate, debate is unlimited unless cloture is invoked. Members can speak as long as they want, and amendments need not be germane – riders are often offered. Entire bills can be offered as amendments to other bills.
If the House and Senate pass the same bill, it is sent to the President. If they pass different bills, they are sent to a Conference Committee, which is composed of members from each house. If the Conference Committee reaches a compromise, it prepares a written conference report, which is submitted to each chamber. The conference report must be approved by both the House and the Senate. The bill is then sent to the President for review. A bill becomes a law if signed by the President or if not signed within 10 days while Congress is in session. If the President vetoes a bill, Congress may attempt to override the veto. If both the Senate and the House pass the bill by a two-thirds majority, the President's veto is overruled, and the bill becomes a law.
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Frequently asked questions
In the US, laws are made by Congress, which is comprised of the House of Representatives and the Senate. Both houses must consider and approve a bill before it becomes a law. The President then considers the bill and can approve and sign it into law, or veto it.
In Indonesia, laws are made by the House of Representatives, along with the President. Bills may come from the House, the President, or the Regional Representative Council (DPD).
In the US, citizens have the right to petition and transmit their legislative proposals to Congress. State legislatures can also request that Congress enact specified federal laws by passing resolutions to be transmitted to the House and Senate.
