Keith Mack
In the United States, Congress is the lawmaking branch of the federal government. Congress has two houses: the House of Representatives and the Senate. 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, be proposed during their election campaign, or be petitioned by citizens. 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. The president then considers the bill and can approve it, veto it, or issue a pocket veto. If the president vetoes the bill, Congress can vote to override the veto. Federal law originates with the Constitution, which gives Congress the power to enact statutes.
| Characteristics | Values |
|---|---|
| Nature of US law | Comprises many levels of codified and uncodified forms of law |
| Supreme law | The nation's Constitution |
| Legislative branch | Congress |
| Bill introduction | A sitting member of the U.S. Senate or House of Representatives or during their election campaign |
| Bill introduction | By petition of people or citizen groups |
| Bill passage | Signed by the President or overridden by Congress in case of a veto |
| Branches of government | Legislative, executive, and judicial |
| Jurisdiction | Formal power of a court to exercise judicial authority over a particular matter |
| Procedural law | Controls the procedure by which legal rights and duties are vindicated |
| Substantive law | The actual substance of law, expressed in the form of various legal rights and duties |
| Decisional law | Judicially-created doctrine |
| Case law | Judge-made law |
| Secondary authority | Not law, but useful for guidance and general information |
| Founding principles | The "Rule of Law" |
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What You'll Learn
The US Constitution is the nation's fundamental law
The US Constitution has been a notable model for governance worldwide, especially through the 1970s. Its international influence can be seen in the similarities in phrasing and borrowed passages in other constitutions, as well as in the principles of the rule of law, separation of powers, and recognition of individual rights. The US Constitution has been amended 27 times since it became operational in 1789. The first ten amendments, known collectively as the Bill of Rights, offer specific protections of individual liberty and justice and place restrictions on the powers of the government within the US states.
The idea for a bill can come from a sitting member of the US 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 representing them. If the president chooses to veto a bill, 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.
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Congress is the lawmaking branch of the federal government
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 people or citizen groups who recommend a new or amended law to a member of Congress. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. If the President chooses to veto a bill, 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 Congress is no longer in session, the bill will be vetoed by default.
Congress also has the power to confirm or reject many Presidential appointments, and substantial investigative powers. The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. There are also 6 non-voting members, representing the District of Columbia, Puerto Rico, and four other US territories. The presiding officer of the chamber is the Speaker of the House, elected by the Representatives.
The Senate maintains several powers, including ratifying treaties by a two-thirds supermajority vote and confirming the appointments of the President by a majority vote. The consent of the House of Representatives is also necessary for the ratification of trade agreements and the confirmation of the Vice President. The Senate also tries impeachment cases for federal officials referred to it by the House.
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Bills are proposed by members of the Senate or House of Representatives
The law-making branch of the federal government in the United States is Congress, which consists of the Senate and the House of Representatives. Bills are proposed by members of the Senate or House of Representatives, who are sitting members or candidates during an election campaign. Bills can also be petitioned by citizens or groups of citizens who recommend a new or amended law to a member of Congress representing them.
Bills are legislative proposals for new laws or changes to existing laws. They 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. Bills can deal with domestic and foreign issues, government programs, and the appropriation of money to various government agencies and programs. They can be public, pertaining to matters that affect the general public or classes of citizens, or private, which affect specific individuals or organizations. Private bills may deal with immigration, granting citizenship or permanent residency, claims against the government, veterans' benefits claims, claims for military decorations, or taxation.
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 the chamber to be voted on. If the bill passes one body of Congress, it goes through the same process in the other body, including research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions.
If a bill is passed in identical form by both houses of Congress and is signed by the president, it becomes a law. However, if the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law. On the other hand, if the president does not sign off on a bill and Congress is no longer in session, the bill will be vetoed by default, known as a pocket veto, which cannot be overridden by Congress.
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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 power was first exercised by President George Washington in 1792, when he vetoed a bill outlining a new apportionment formula. The President's veto power is not absolute, and Congress can override it by a two-thirds vote in both chambers. If the President does not approve of a bill, they have ten days to return it unsigned to the house of Congress in which it originated, while Congress is in session. The President must also state their objections to the bill in writing, and Congress is required to consider them.
The procedure of a pocket veto occurs when Congress adjourns before the ten days have passed for the President to sign the bill, and the bill fails to become law. The President may still assert a pocket veto, but it must be accompanied by a message setting forth their objections. A regular veto can be overridden by Congress, but a pocket veto cannot.
The veto power was constructed with limits during the Constitutional Convention, and the framers rejected proposals for an absolute veto. The presidential veto power is intended to defend the executive branch rather than protect the general interest.
In addition to the President's veto power, all state and territorial governors have similar veto authority, as do some mayors and county executives. Governors can veto an entire bill or have the additional power to strike or revise parts of a bill without rejecting the whole package.
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State legislatures pass their own laws
In the United States, laws are made at both the federal and state level. The law of the United States comprises many levels of codified and uncodified forms, with the supreme law being the nation's Constitution. Congress is the lawmaking branch of the federal government.
State legislatures play a crucial role in the democratic process by actively crafting and enacting laws that govern their respective states. Each state has its own legislature, which passes laws specific to that state. These laws address a wide range of issues, from judiciary committees, education committees, transportation committees, and appropriations committees, among others. State legislatures establish committees that focus on distinct policy areas and possess relevant expertise. Within these committees, lawmakers collaborate to review bills, conduct hearings, gather public input, and analyze the potential impact of proposed legislation. The committee deliberations have a significant influence on the language and content of a bill, shaping it to align with the committee's scope and objectives.
The process of passing a bill in a state legislature typically involves several steps. First, a bill is introduced and assigned to a committee. The committee reviews the bill, conducts hearings, and makes any necessary changes. Once a bill passes through the committee stage, it proceeds to the legislative chamber's floor for debate. Lawmakers argue in favor or against the proposed legislation, presenting their discussions and reasoning. After the debate, lawmakers cast their votes on the bill. Most state legislatures require a majority or supermajority approval for a bill to pass.
If a bill obtains the necessary number of votes in one chamber, it must then undergo the same procedure in the other chamber. After both chambers pass a bill, it is presented to the state's governor for approval. The governor can either approve the bill, signing it into law, or veto it. However, the governor's veto power is not absolute, as state legislatures can override a veto with enough votes. This process highlights the checks and balances within the state legislative system, ensuring that laws are carefully considered and reflect the needs and objectives of the state and its citizens.
In addition to passing their own laws, state legislatures also have the power to influence federal legislation. They can 'memorialize' Congress to enact specific federal laws by passing resolutions to be transmitted to the House and Senate. This process allows state legislatures to have a say in national policy-making and ensure that federal laws consider state-level perspectives. Overall, state legislatures play a vital role in shaping the legal landscape of their states and contributing to the broader democratic process in the United States.
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Frequently asked questions
Congress is the lawmaking branch of the federal government in the US. Bills (proposals for new laws or changes to existing laws) can be introduced by a sitting member of the US Senate or House of Representatives, proposed during their election campaign, or petitioned by citizens or citizen groups.
Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill is then put before that chamber to be voted on. If it passes, the president considers the bill. The president can approve the bill and sign it into law, or veto it. If the president chooses to veto, Congress can vote to override the veto and the bill can still become a law.
In addition to federal law, each state has its own laws. For example, if you live in Michigan, you would follow both Michigan state laws and federal laws.
