Cecily Zamora
The process of reforming federal laws in the United States involves several key players, including members of Congress, the House of Representatives, and the President. Congress is the primary law-making branch of the federal government, with the power to initiate proposals for new laws or changes to existing ones. These proposals, known as bills, can originate from sitting members of Congress or be suggested by citizens and groups who petition their representatives. Once introduced, bills undergo scrutiny, debate, and potential amendments by committees and chambers within the House and Senate before being put to a vote. If a bill passes both houses, Congress must reconcile any discrepancies between the two versions. The President then has the authority to approve or veto the bill. In most cases, Congress can override a presidential veto, but if the President does not sign off on a bill before Congress adjourns, it results in a pocket veto that cannot be overridden. This intricate process, outlined in resources like Congress.gov and USAGov, ensures that federal laws are carefully considered and approved by multiple stakeholders before enactment.
| Characteristics | Values |
|---|---|
| Lawmaking branch of the federal government | Congress |
| Number of members in the House of Representatives | 435 |
| Frequency of election of members of the House of Representatives | Every two years |
| Who can propose a bill | A sitting member of the U.S. Senate or House of Representatives, or proposed during their election campaign, or petitioned by people or citizen groups |
| Who can approve a bill | The president |
| Who can override a veto | Congress |
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What You'll Learn
The role of Congress in federal law reform
Congress is the federal government's lawmaking branch. The legislative process is a vital part of American democracy, emphasising the protection of minorities and allowing all sides to be heard and to make their views known. The legislative process is a key foundation of the representative system.
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 an 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.
The House of Representatives is composed of 435 members elected every two years from among the 50 states, apportioned according to their total populations. The House processes legislation through a majority vote, while the Senate does so through deliberation and debate before voting. The Senate and the House have some procedural differences. While both are equal in how they function, only the House can initiate tax and revenue-related legislation, and only the Senate can draft legislation related to presidential nominations and treaties.
If a 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. If the bill is then approved by the president, they will sign it into law. However, the president can also refuse to approve a bill, which is called a veto. In most cases, Congress can vote to override this veto, and the bill will become a law. At the end of each session of Congress, public laws are published in annual volumes called the United States Statutes at Large.
Congress has the authority to reform federal laws, and this power is shared with the states in some cases. For example, in the case of Sperry v. Florida, the Supreme Court ruled that federal law preempted state law with regard to a person's ability to act as a patent agent in Florida, even though Congress did not expressly state its intention for federal law to preempt state law. In another case, Arizona v. United States, the Supreme Court held that federal immigration law preempted a state law penalizing undocumented immigrants who worked without authorization, as the state law was "an obstacle to the regulatory system Congress chose".
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The President's power to veto
Congress is the law-making branch of the federal government 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, 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 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.
The president then considers the bill. The president can approve the bill and sign it into law, or they can refuse to approve a bill. This refusal of approval is called a veto. 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.
In most cases, however, if the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law. Congress can override the veto by a two-thirds vote of both chambers. Historically, Congress has overridden about 7% of presidential vetoes.
In addition to the presidential veto, Congress has expressly reserved the plenary power to nullify territorial legislation in some territories, including Guam. Some territories' organic laws formerly provided for an absolute presidential veto over territorial legislation as well, as was the case in Puerto Rico under the Jones-Shafroth Act of 1917, and in the United States Virgin Islands (USVI) until 1968. In Guam and the USVI, the territory's organic law defines the governor's veto powers. In Puerto Rico, the Commonwealth of the Northern Mariana Islands (CNMI), and American Samoa, which are governed by a constitution rather than federal statute, veto powers are defined in the constitution.
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How federal law differs from state law
Federal laws are decided by the Legislative Branch of the federal government (Congress) and apply to the entire nation. Congress may also pass legislation to enact new federal laws and amendments to the Constitution. The federal courts, including the US Supreme Court, uphold federal law, which includes matters that fall under immigration law, bankruptcy law, civil rights law, and social security law.
State laws, on the other hand, are specific to each state and are implemented by the state legislature and confirmed by the state governor. They address the details of what citizens can and cannot do, while federal law covers broader topics. State laws apply to residents and visitors to the state, as well as corporations, businesses, and organizations operating within the state.
The purpose of state law is to grant citizens within a state additional rights and responsibilities that are not explicitly granted or required by federal law. For example, if a state law affords a person more rights than federal law, the state law prevails within that state. This can be observed in the legalization of recreational marijuana use in some states, despite cannabis being classified as a controlled substance under federal law. Similarly, if a state imposes more responsibility on its residents than federal law, the state law takes precedence.
In the case of a conflict between state and federal laws, federal law generally prevails, as established by the Supremacy Clause in Article VI of the Constitution. However, there are instances where state laws can be overturned by state courts, and activists may push for changes at the federal level.
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The House of Representatives
Congress is the federal government's lawmaking branch. The legislative process is a crucial aspect of the American democratic way of life, emphasising the protection of minorities and allowing all sides to be heard. This process involves both the House of Representatives and the Senate, with each body having distinct roles and procedures.
The legislative process in the House of Representatives begins with the introduction of a bill. A bill is a proposal for a new law or a change to an existing one. Ideas for bills can originate from sitting members of the House or be proposed during their election campaigns. Additionally, citizens or groups can petition their representatives to introduce new or amended laws.
Once a bill is introduced in the House, it is assigned to a committee. These committees are composed of members with relevant expertise, such as the Committee on the Judiciary, which includes lawyers. The committee members research, discuss, and make amendments to the bill. The House may have up to five committees, with an additional oversight committee permitted.
After the committee stage, the bill is presented to the entire House for a vote. If the bill passes in the House, it moves to the Senate, where it undergoes a similar process of research, discussion, potential amendments, and voting. If both the House and the Senate approve the bill, they work together to reconcile any differences between their respective versions.
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The Senate
One notable difference is that only the House can initiate tax and revenue-related legislation. In contrast, the Senate holds the exclusive power to draft legislation concerning presidential nominations and treaties. This distinction underscores the unique role the Senate plays in matters related to the executive branch and foreign affairs.
The legislative process in the Senate is characterized by deliberation and debate, which sets it apart from the House's majority vote system. This means that senators engage in extensive discussions and debates before casting their votes on proposed bills. The Senate's emphasis on deliberation ensures that various perspectives are considered and that minority viewpoints are given a platform. This deliberative process is a cornerstone of American democracy, promoting an inclusive and thoughtful approach to law-making.
Another aspect of the Senate's role in federal law reform is its committee system. Once a bill is introduced in the Senate, it is assigned to a committee for further examination. These committees, often populated with lawyers, conduct in-depth research, discuss the bill's implications, and propose amendments. The committee's work provides a more detailed analysis of the bill before it returns to the Senate floor for a full vote.
It is worth noting that the Senate's legislative powers extend beyond proposing and amending laws. The Senate also has the authority to provide advice and consent on certain executive actions, such as the ratification of treaties and the confirmation of presidential appointments. This dual role of lawmaking and providing checks and balances on the executive branch underscores the Senate's critical role in shaping federal policies and ensuring they align with the country's broader strategic objectives.
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Frequently asked questions
A proposal for a new federal law can come from a sitting member of the U.S. Senate or House of Representatives or 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 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. The president then considers the bill.
The president can approve the bill and sign it into law, or refuse to approve it, which is called a veto. If the president chooses to veto a bill, in most cases Congress can vote to override that veto and the bill becomes a law.
