Gavin Howe
The process of creating laws varies across different jurisdictions. In the United States, the Constitution grants Congress the sole authority to enact legislation and declare war, as well as the right to confirm or reject many presidential appointments. Congress is made up of the House of Representatives and the Senate, and any bill must be passed by a majority vote in both chambers to become a law. The President can also play a role in the creation of laws by approving or vetoing bills passed by Congress. In other countries, such as the United Kingdom, the judiciary may also have the power to create common law and change laws through judicial review.
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What You'll Learn
The role of the US Congress
In the United States, Congress is the law-making branch of the federal government. The chief function of Congress is to make laws. The legislative process is a matter that every person should be well informed about to understand and appreciate the work of Congress.
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. 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.
Committees play a crucial role in the legislative process. Each standing committee is required to review and study the application, administration, execution, and effectiveness of the laws within its jurisdiction. They also oversee federal agencies responsible for administering those laws. The purpose of this review is to determine whether the laws and programs created by Congress are being implemented as intended and whether they should be continued, curtailed, or eliminated. Committees also identify the need for new legislation and undertake future research and forecasting.
Once a bill passes both bodies of Congress, they must reconcile 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 for consideration. The president can approve the bill and sign it into law or veto it. However, in most cases, Congress can override a presidential veto and the bill becomes a law.
In addition to lawmaking, the U.S. Congress plays a role in presidential elections and the impeachment process. Both Houses meet in joint session to count electoral votes following a presidential election. In the impeachment process, the House of Representatives presents the charges, while the Senate sits as a court to try the impeachment.
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The House of Representatives
In the United States, Congress is the law-making branch of the federal government. It consists of the Senate and the House of Representatives. 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 of Representatives has certain unique functions in the law-making process.
The idea for a bill can come from a sitting member of the House of Representatives or be proposed during their 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 House of Representatives may also authorise the Speaker to declare a recess under the rules of the House. The Speaker can also declare a recess for a short time when no question is pending or in an emergency.
After the committee stage, the bill is put before the chamber to be voted on. The House processes legislation through a majority vote. If the bill passes one body of Congress, it goes to the other body (the Senate) to go through a similar process of research, discussion, changes, and voting. If 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.
It is important to note that the House of Representatives has the sole power to initiate tax and revenue-related legislation. This is a key difference between the House and the Senate, which has exclusive functions related to presidential nominations and treaties.
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The Senate
One of the primary roles of the Senate is to debate, amend, and vote on proposed legislation. Senators introduce bills that they believe will benefit their constituents and the country as a whole, and these bills are then discussed and debated by the full Senate. Through this process of deliberation, senators can shape the laws that are ultimately passed, ensuring that they reflect the needs and values of the people they represent.
In addition to their law-making and confirmatory roles, senators also have a duty to oversee the implementation of laws and policies. This includes holding hearings, conducting investigations, and providing oversight of government agencies to ensure that laws are being carried out effectively and efficiently. Through their oversight functions, senators can identify problems with existing laws and policies and work towards enacting changes that will improve the lives of their constituents.
The work of a senator is demanding and far-reaching, requiring a deep understanding of the issues facing their constituents and the country as a whole. By engaging in dialogue and deliberation with their colleagues, senators can find common ground and compromise, ultimately shaping the laws that govern their country and impact the lives of millions.
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The President's powers
In the United States, Congress is the branch of the federal government that makes laws. A bill is a proposal for a new law or a change to an existing one. 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 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 President of the United States does not have the power to create laws. However, the president can approve a bill and sign it into law or refuse to approve a bill, which is called a veto. If the president chooses to veto a bill, Congress can usually 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 pocket vetoed and cannot be overridden by Congress.
The president has the power to issue executive orders, which are written policy directives with the same power as federal law. However, these orders are not explicitly defined in the Constitution and are based on historical practice, executive interpretations, and court decisions. Congress can pass a new law to override an executive order enacted under powers delegated by Congress, but it cannot directly modify or revoke an executive order issued under the president's exclusive constitutional powers.
The president also has broad powers in areas such as control and operation of the federal government, federal agencies, and foreign affairs. The president is the Commander-in-Chief of the Army and Navy of the United States.
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The creation of law in the UK
The United Kingdom has three distinct legal systems: English law (in the joint jurisdiction of England and Wales), Scots law, and Northern Irish law. Since 2007, there have been calls for a fourth type of law, that of purely Welsh law, as a result of Welsh devolution. However, Wales is not generally considered a fourth jurisdiction of the United Kingdom as the judiciary and courts follow the law of England and Wales, made by the Parliament at Westminster.
The UK does not have a single legal system because it was created by the political union of previously independent countries. The Acts of Union in 1707 created the Kingdom of Great Britain but guaranteed the continued existence of Scotland's and England's separate legal systems. Scotland, Wales, and Northern Ireland have powers to make legislation solely for their own jurisdictions.
The UK Parliament transposed European Union directives into the UK legal system on an ongoing basis before Brexit. Upon the UK's withdrawal from the European Union in 2020, non-transposed EU law was transplanted into domestic law as "retained EU law", with a period of alignment during the transition period. The UK's highest civil appeal court is the Supreme Court of the United Kingdom, whose decisions are binding on all three UK jurisdictions.
The Northern Ireland Assembly was established as a result of the Belfast Agreement of 10 April 1998 and was given legal force through the Northern Ireland Act 1998. The Assembly has full legislative and executive authority for matters that are the responsibility of the Northern Ireland Government Departments.
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Frequently asked questions
The United States Congress, which comprises the House of Representatives and the Senate, is the law-making branch of the federal government. Congress holds the sole authority to enact legislation and declare war.
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 by people or citizen groups. 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 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 President does not have the power to create laws, but they can approve or veto a bill. If the President chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law.
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