Kara Sears
The process of a bill becoming a law is a complex one, and there are several stages at which it can be stopped from taking effect. A bill is a proposal for a new law or a change to an existing one, and it can be introduced by any member of the U.S. Senate or House of Representatives. Once a bill is introduced, it is assigned to a committee, which researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If the bill passes one body of Congress, it goes through the same process in the other body. If it passes both, the two bodies must work out any differences between their versions. Finally, both chambers vote on the same version of the bill, and if it passes, it is presented to the President. At this stage, the President can choose to veto the bill, sending it back to Congress with a note listing their reasons. This is where the bill's journey can end, but if Congress votes to override the veto, the bill becomes law.
| Characteristics | Values |
|---|---|
| A bill passes in one chamber but not the other | The bill dies |
| A bill passes in both chambers but the President vetoes it | Congress can vote to override the veto and the bill becomes a law |
| The President does not sign off on a bill and it remains unsigned when Congress is no longer in session | The bill is vetoed by default (a "pocket veto") and cannot be overridden by Congress |
| A committee chair says the bill is not a legislative priority | Inaction can stall or kill a bill |
| A speaker, majority leader, or committee chair stands in opposition | Their influence can stop a bill quickly |
| A bill is referred to a committee | Failure to act on a bill is equivalent to killing it |
| A bill is amended | The amendment may not be accepted, and the bill may be stalled |
| A bill is challenged by raising questions, gathering opposition, and making a case against it | Momentum can be stalled, and the bill may be amended or killed |
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What You'll Learn
The President can veto a bill
In the United States, the president can use their veto power to prevent a bill passed by Congress from becoming law. This is done by the president choosing not to sign off on a bill, and returning it to the house of the United States Congress in which it originated, within ten days (excluding Sundays) while Congress is in session. The president is constitutionally required to state their objections to the bill in writing, and Congress must consider these objections.
The president's veto power is not absolute, and Congress can override the veto by a two-thirds vote of both chambers. If the veto of the bill is overridden in both chambers, it becomes law.
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 cannot be overridden by Congress.
In 2009, legislation was introduced to give the president the power to withdraw earmarks in new bills by sending the bill back to Congress minus the line-item vetoed earmark. This would allow the president to strike or revise parts of a bill without striking the whole bill.
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Congress can override a veto
In the United States, the president can use their veto power to prevent a bill passed by Congress from becoming law. However, Congress can override this veto and allow the bill to become law anyway. To do this, two-thirds of both chambers of Congress must vote to override the veto. This is known as a regular veto.
The president has 10 days (excluding Sundays) to veto or sign a bill into law. If they do not take action within this time frame, it is considered a pocket veto, and the bill will not become law. A pocket veto occurs when Congress has adjourned before the 10-day period is up, and the president does not return the bill to Congress but simply does not act on it. This type of veto cannot be overridden by Congress.
The power to override a veto is not limited to Congress. State and territorial governors also have veto power, and in many cases, they have additional veto powers, such as line-item, amendatory, and reduction vetoes. The legislature can usually override these gubernatorial vetoes, and in some states, a qualified veto can be overridden by a two-thirds vote of each chamber of the legislature.
The veto power is a crucial check and balance in the legislative process, allowing for further review and consideration of a bill before it becomes law. While the president and other officials have the power to veto, Congress and state legislatures can, in turn, override these vetoes to ensure that important legislation is enacted.
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A bill can be stalled
Another tactic to stall a bill is to use a filibuster, where opponents of the bill speak at length to delay the debate and vote. This is a strategy often used in the Senate, where debate is unlimited unless cloture is invoked. A bill can also be stalled by requesting a point of order, which halts proceedings while rules are clarified. Amendments can also be used to stall a bill, either by altering it to foster compromise or by making it less likely to pass.
In some cases, bills may never reach the floor for a vote, as the Speaker of the House and the Majority Leader decide what legislation will be brought forward and when. Bills can be assigned strict time limits, and if these expire, the bill may be stalled or killed. In state legislatures, a common strategy is to simply run out the clock, preventing the bill from being considered during the session.
Finally, even if a bill passes both chambers of Congress, it can still be stalled before it becomes law. The President has the power to veto legislation, and while Congress can attempt to override this, a pocket veto, where the President does not sign the bill and Congress is no longer in session, cannot be overridden.
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A committee chair can oppose
- Subcommittee Referral and Hearings: The committee chair can assign the bill to a subcommittee, which will then conduct hearings and report its findings back to the full committee. This process allows the chair to influence the direction of the bill by selecting a subcommittee that may be more favourable to their perspective.
- Mark-up Session and Amendments: During the "mark-up" session, the committee, under the guidance of the chair, can propose revisions and additions to the bill. If substantial amendments are made, the committee can introduce a "clean bill" with the proposed amendments, essentially reshaping the original bill.
- Committee Vote: After the mark-up session, the full committee votes on the bill. As the committee chair, one can influence the vote by persuading other committee members to oppose the bill. If the bill fails to gain a majority vote, it is less likely to proceed further in the legislative process.
- Committee Report and Dissenting Opinion: Following the committee vote, the committee staff prepares a written report explaining their support for the bill and any desired amendments. Committee members who oppose the bill can write a dissenting opinion within the report, highlighting their objections and providing alternative perspectives. This dissenting opinion can influence the bill's progression and potentially sway opinions in the next stages.
- Public Hearings and Announcements: If the bill is of sufficient importance, the committee chair can decide to hold public hearings. By doing so, the chair can control the timing and announcement of these hearings. This influence allows them to strategically shape public discourse and potentially garner support for their opposition to the bill.
- Committee Oversight and Investigations: After a law is enacted, committees provide oversight and investigate its implementation. As the committee chair, one can utilise this power to scrutinise the law's implementation, identify any issues or negative impacts, and potentially build a case for future amendments or repeal.
By employing these strategies, a committee chair can actively oppose a bill and influence its progression through the legislative process. While a single individual may not have the sole power to stop a law from taking effect, the committee chair's role is significant in shaping the direction of legislation and can indirectly prevent a bill from becoming law.
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A bill can be sent to multiple committees
Once a bill is introduced, it is assigned to a committee. The committee provides intensive consideration to the proposed measure and is the forum where the public is given the opportunity to be heard. Committees may set a date for public hearings, and the chairman of each committee is required to make a public announcement of the date, time, place, and subject matter of any hearing at least one week before it commences.
The bill is then referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Most often, the actual referral decision is made by the House or Senate parliamentarian. Bills may be referred to more than one committee and may be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it.
The committee will hold a “mark-up” session during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a “clean bill” that will include 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 favor 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.
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Frequently asked questions
A law can be stopped from taking effect by the President, who can veto a bill.
A veto is when the President chooses not to sign off on a bill, preventing it from becoming a law.
Yes, in most cases, Congress can vote to override a veto, and the bill will become a law.
A pocket veto occurs when the President does not sign a bill and Congress is no longer in session. This type of veto cannot be overridden by Congress.
A bill can be stopped by failing to pass in either the House or the Senate, or by not gaining enough support and momentum to reach a vote.
