Kara Sears
A proposal for a new law is called a bill. In the US, a bill 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 citizens or citizen groups who recommend a new or amended law to a member of Congress. In the EU, the Commission has the 'right of initiative' to propose new EU laws, and anyone interested in or affected by an existing or proposed law or policy can share their views. In the US, public input is also an integral part of the rulemaking process, with a formal six-month window for public comment on a proposal.
| Characteristics | Values |
|---|---|
| Country | USA |
| EU | |
| Who can submit a proposal | Sitting members of the U.S. Senate or House of Representatives |
| Citizen groups or individuals | |
| Public national, local and regional authorities | |
| Businesses | |
| Civil society organizations | |
| The Commission (EU) | |
| Advisory committees |
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What You'll Learn
- US citizens and groups can petition bills to members of Congress
- US Senate or House of Representatives members can propose bills
- US presidential nominations and treaties are legislated by the Senate
- EU citizens can share views on laws via the Have Your Say portal
- The European Commission proposes new EU laws
US citizens and groups can petition bills to members of Congress
In the United States, citizens and groups have the right to petition bills to members of Congress. This right is guaranteed by the First Amendment to the Constitution, which states that citizens have the right to "petition the government for the redress of grievances". The right to petition has expanded since the Constitution was written and is no longer confined to demands for "a redress of grievances". Instead, it now includes demands for the government to act in the interest of the petitioners and to consider their views on politically contentious matters.
The process of petitioning a bill involves citizens or groups transmitting their proposals to a member of Congress. This can be done by approaching the member directly or by sending a message or letter. Citizens can also call their state representative or use an online tool to find their representatives and how to contact them. Once a bill is introduced, it is assigned to a committee that will research, discuss, and make changes to the bill before putting it before that chamber to be voted on.
It is important to note that the right to petition is not limited to citizens and groups. State legislatures may also "memorialize" Congress to enact specific federal laws by passing resolutions to be transmitted to the House and Senate. Additionally, the President has an obligation to report to Congress on the "State of the Union" and recommend measures for consideration. However, the primary source of bill ideas is members of Congress themselves, who may propose bills during their election campaigns or after taking office.
The right to petition is an essential aspect of the democratic process, as it allows citizens to express their ideas, hopes, and concerns to their government and elected representatives. It also enables the public exchange of ideas that is integral to deliberative democracy. A notable example of the exercise of the right to petition in US history was the advocacy for the end of slavery, with Congress receiving well over a thousand petitions signed by approximately 130,000 citizens.
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US Senate or House of Representatives members can propose bills
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 be proposed during their election campaign. Members of the House of Representatives and the Senate can propose bills, which is the most common way that laws are made.
The majority of laws originate in the House of Representatives, which has some procedural differences from the Senate. 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. While the House processes legislation through a majority vote, the Senate does so through deliberation and debate prior to voting.
Bills are prefixed with H.R. when introduced in the House and S. when introduced in the Senate, followed by a number based on the order in which they are introduced. 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.
If a bill is passed in identical form by both houses of Congress and is signed by the president, it becomes a law. 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, which is called a pocket veto, and it cannot be overridden by Congress.
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US presidential nominations and treaties are legislated by the Senate
A proposal for a new law or a change to an existing law is called a bill. The idea for a bill 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 citizens or citizen groups who recommend a new or amended law to a member of Congress that represents them.
The Senate plays a crucial role in US presidential nominations and treaties. The Appointments Clause of the US Constitution empowers the president to nominate and, with the advice and consent of the Senate, appoint public officials. This includes principal officers such as ambassadors, Cabinet secretaries, and federal judges. The Senate's advice and consent power serve as a check on presidential power and safeguard the sovereignty of states by giving each state an equal vote.
While the president makes nominations, the Senate can provide pre-nomination advice, which is not mandatory but has been sought by some presidents. Once a nomination is made, the Senate votes to confirm or reject the nominee. The number of votes required to end debate on a nomination and bring it to a vote has varied over time.
In addition to nominations, the Senate shares the power to make treaties with the president. Treaties are binding international agreements that become part of federal legislation in the US. While the Senate does not directly ratify treaties, it plays an advisory and approval role. The president submits questions or communications regarding treaties to the Senate, which may refer them to a committee for consideration. If the Senate approves a resolution of ratification by a two-thirds vote, ratification occurs through the formal exchange of instruments with the foreign power(s).
In recent decades, presidents have increasingly entered into "executive agreements" without seeking the Senate's advice and consent. While these agreements are not formal treaties, they are still binding under international law.
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EU citizens can share views on laws via the Have Your Say portal
In the United States, a proposal for a new law or a change to an existing law is called a bill. The idea for a bill 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 citizens or citizen groups who recommend a new or amended law to a member of Congress that represents them.
In the European Union, EU citizens can share their views on laws via the Have Your Say portal. This online platform invites all citizens, including businesses and non-governmental organisations, to share their views on Commission initiatives at key stages in the legislative process. The portal is designed to be user-friendly, allowing citizens to provide feedback and share their views by directly accessing the newest consultations of high interest on the homepage. Since April 2017, the Commission has committed to translating questionnaires for important initiatives into all official EU languages and respondents may reply in any official EU language. The Have Your Say portal is part of the European Commission's 'Better Regulation' agenda, which aims to improve policymaking, simplify laws, and promote the participation of all Europeans and civil society in shaping EU policy. Through this portal, EU citizens can give feedback on roadmaps or impact assessments of upcoming legislation and participate in public consultations on initiatives under preparation or evaluations of existing EU actions. This allows citizens to actively collaborate and interact, voice their opinions, and contribute to policy discussions that influence EU affairs.
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The European Commission proposes new EU laws
In the United States, a proposal for a new law or a change to an existing law is called a bill. A bill 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 citizens or citizen groups, who can recommend a new or amended law to a member of Congress.
In the European Union, the European Commission proposes and implements EU laws. The Commission has the 'right of initiative' to propose new EU laws, and it regularly evaluates whether existing EU laws have achieved the desired changes for European businesses and citizens. The Better Regulation guidelines provide standards for quality when the Commission is planning and proposing policies and laws, and the Regulatory Scrutiny Board checks the quality of all the Commission's draft impact assessments, major evaluations, and fitness checks. Anyone who is interested in or may be affected by an existing or proposed EU law or policy can share their views by sending comments or position papers or replying to public consultations.
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Frequently asked questions
A proposal for a new law in the US is called a bill. A bill can be proposed by 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.
The Commission has the 'right of initiative' to propose new EU laws. Laws are prepared transparently, based on evidence, and the views of citizens. Anyone who is interested in or affected by an existing or proposed law or policy can share their views by sending comments or position papers or replying to public consultations.
The legislative proposal must be specific and succinct. It should describe the current law and the changes being proposed. It should also provide a strong justification for the proposal, including any supporting research or reports. The proposal should also explain who would be affected by the proposal and to what extent.
