Cameron Miranda
The process of lawmaking in the United States is a complex one, with multiple steps and approvals required for a bill to become a law. The US Constitution, the nation's fundamental law, outlines the powers and responsibilities of Congress, the lawmaking branch of the federal government. It consists of Articles and Amendments that delegate powers to the federal government and protect the rights of citizens. The Constitution also establishes the role of the President in the lawmaking process, including the power to approve or veto bills passed by Congress. The US Constitution also outlines the role of the federal courts, which are responsible for interpreting the Constitution and ensuring that laws passed by Congress align with it. This process involves multiple steps, including the introduction of a bill, consideration by committees, voting by both chambers of Congress, and, finally, approval or veto by the President.
| Characteristics | Values |
|---|---|
| Who can propose a bill | A sitting member of the U.S. Senate or House of Representatives, or 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. |
| Who must laws be approved by | The House of Representatives and the Senate. If approved by both, it is presented to the President of the United States for approval. If the President does not approve, the bill is returned to the House in which it originated. If two-thirds of that House still agree to pass the bill, it is sent to the other House. If approved by two-thirds of that House, it becomes law. |
| Who can override a presidential veto | Congress can vote to override a presidential veto, and the bill becomes law. |
| Who can amend a bill | The committee may decide to report the original bill with amendments, or introduce and report a new bill incorporating those amendments. |
| Who can expel a member | Each House can expel a member with the concurrence of two-thirds. |
| Who can borrow money on the credit of the United States | Congress |
| Who can regulate commerce with foreign nations and Indian tribes | Congress |
| Who can establish a uniform rule of naturalization | Congress |
| Who can coin money | Congress |
| Who can raise and support armies | Congress |
| Who can declare war | Congress |
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The House of Representatives
The Speaker of the House may refer an introduced bill to multiple committees for consideration of those provisions of the bill within the committee's jurisdiction. The Speaker may place time limits on the consideration of bills by all committees. If a committee has approved extensive amendments, it may decide to report the original bill with one "amendment in the nature of a substitute" consisting of all the previously adopted amendments, or it may introduce and report a new bill incorporating those amendments, commonly known as a "clean" bill.
A bill that has been favorably reported by all committees to which it was referred is assigned a calendar number on either the Union Calendar or the House Calendar, the two principal calendars of business. The calendar number is printed on the first page of the bill and, in certain instances, is also printed on the back page.
Once a bill has passed the House of Representatives, it must then pass the Senate before being presented to the President of the United States. If the President approves of the bill, they will sign it, and it will become a law. However, if the President does not approve, they must return the bill to the House, along with their objections. If, after reconsideration, two-thirds of the House agree to pass the bill, it will be sent to the Senate, along with the objections, to be reconsidered. If two-thirds of the Senate also approve the bill, it will become a law.
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The Senate
The US Senate is one of two chambers of Congress, the other being the House of Representatives. The Senate is composed of 100 members, two from each state, elected by the people in accordance with the 17th Amendment to the Constitution. Senators must be at least 30 years old, have been a citizen of the United States for nine years, and be an inhabitant of the state for which they are chosen. The term of office is six years, with one-third of the Senate elected every second year.
The legislative process begins with a bill, which can be proposed by a sitting member of the Senate or 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. Once introduced, a bill is assigned to a committee, which researches, discusses, and makes 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. Once both bodies have voted to accept a bill, they must work out any differences between the two versions, before both chambers vote on the same version.
If a bill passes both chambers of Congress, it is presented to the President of the United States for approval. The President can approve the bill and sign it into law, or refuse to approve it, which is called a veto. If the President vetoes a bill, Congress can vote to override the 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, which is called a pocket veto, and cannot be overridden by Congress.
While the House and Senate function equally, there are some procedural differences. Only the House can initiate tax and revenue-related legislation, while only the Senate can draft legislation related to presidential nominations and treaties. The House processes legislation through a majority vote, while the Senate does so through deliberation and debate prior to voting.
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The President
A veto is not the end of the road for a bill. Congress can override a veto and pass the bill into law anyway. This requires a two-thirds majority vote in both the House of Representatives and the Senate. If Congress is no longer in session and the President has not signed the bill, the bill is pocket vetoed, and Congress cannot override this type of veto.
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Joint resolutions
In the United States Constitution, laws must be approved by the President of the United States. Every bill that has been passed by the House of Representatives and the Senate is presented to the President for approval. If the President approves, they sign it into law. If not, they return it to the House in which it originated, which enters the objections into its journal and proceeds to reconsider it. If two-thirds of that House still agree to pass the bill, it is sent to the other House, which also reconsiders and may approve it by a two-thirds majority. This process is laid out in Article I of the US Constitution.
Now, what about joint resolutions? Well, there is very little difference between a joint resolution and a bill. Both are subject to the same procedures, and both can be used to create a law. However, a joint resolution may include a preamble preceding the resolving clause, which a bill does not have. A joint resolution may originate in either the House of Representatives or the Senate and is designated "H.J.Res." followed by a number.
In summary, while both bills and joint resolutions are used to create laws, joint resolutions have some unique features and are particularly useful for continuing or emergency appropriations and proposing constitutional amendments.
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Amendments
The process of amending the US Constitution is a complex one, and amendments can be proposed by several bodies. The US Constitution is the nation's fundamental law, and any changes to it must be carefully considered and approved.
The process of amending the Constitution can also be initiated by the states themselves. If two-thirds of the state legislatures request it, Congress must call a convention to propose amendments. Any amendments proposed by this convention would still need to be ratified by three-fourths of the states to become part of the Constitution. This method of proposing amendments has never been used, but it stands as a check on the power of the federal government and ensures that the states have a direct role in the amendment process.
In addition to these formal processes, the interpretation and application of the Constitution can be amended through court decisions. The Supreme Court, in particular, plays a crucial role in interpreting the Constitution and determining the constitutionality of laws. This is evident in cases such as INS v. Chadha, where the Court clarified the nature of concurrent and simple resolutions, stating that they are not legislative in character and are not presented to the President for approval.
The process of amending the Constitution is deliberately challenging, reflecting the document's significance as the foundation of American government and law. The Bill of Rights, for example, guarantees fundamental freedoms and rights that cannot be infringed upon by a simple majority, even without a Constitutional Amendment. This rule of law ensures that core values are upheld and that the rights of minorities are protected, with courts playing an integral role in maintaining this balance.
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Frequently asked questions
A bill must be passed by both the House of Representatives and the Senate and then presented to the President of the United States for approval. If the President approves, they sign it into law. If they do not approve, they return it to the House in which it originated, with their objections. The House then reconsider the bill and enter the President's objections into their journal. If two-thirds of the House then agree to pass the bill, it is sent to the other House, where it is reconsidered. If two-thirds of that House also approve, it becomes a law.
Congress is the lawmaking branch of the federal government. It assembles at least once a year and each House (the House of Representatives and the Senate) determines the rules of its proceedings. A bill can be introduced by a sitting member of either House or be proposed by people or citizen groups via their representative. Once a bill is introduced, it is assigned to a committee, which researches, discusses, and makes changes to the bill.
The U.S. court system is responsible for interpreting the Constitution and any laws passed by Congress. According to The Federalist Papers, if a law passed by Congress conflicts with the Constitution, the Constitution takes precedence.
