Who Makes Laws? Understanding National-Level Legislation

The process of lawmaking is complex and lengthy, involving multiple steps and the signatures of several different people. In the United States, Congress is the first step in the process of signing bills to become laws. After a bill is passed by both the House and the Senate, it is sent to the President for review. The President then has the option of signing the bill into law or vetoing it. 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, known as a pocket veto, which cannot be overridden by Congress.

The role of the US President in signing bills into law

The US President plays a crucial role in the process of signing bills into law. Once a bill has been introduced and assigned to a committee, it is put before the chamber to be voted on. If the bill passes one body of Congress, it goes through a similar process in the other body. Once both bodies vote to accept a bill, they must work out any differences and vote on the same version of the bill. If it passes, they present it to the President.

The President then has the authority to sign bills into law or veto them. If the President chooses to veto a bill, Congress can, in most cases, vote to override that veto. 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". This cannot be overridden by Congress.

The US Constitution outlines the President's duty to "take care that the laws be faithfully executed". This is often referred to as the "Take Care Clause". While the President does not have the power to amend or repeal laws, they can veto a bill if they feel it is unconstitutional or ill-advised.

Additionally, the President can issue signing statements, which are official pronouncements made at or near the time a bill is signed into law. These statements are not part of the legislative process and do not have legal effects. However, they can be used to comment on the law, interpret its meaning, assert objections on constitutional grounds, or state the President's intent in executing the law.

In conclusion, while the US President has the authority to sign bills into law or veto them, their role in the legislative process is balanced by the power of Congress to override vetoes and introduce and approve bills.

The role of state governors in signing bills into law

State governors play a crucial role in signing bills into law. They are responsible for signing bills into law at the state level. While the state legislature is responsible for approving significant bills, it is ultimately the governor's decision to sign these bills into law or veto them. This gives the governor the power to shape the state's legislation.

For example, in New York, Governor Kathy Hochul has been signing or vetoing bills passed during the legislative session. Similarly, in California, Governor Newsom decides whether the bills passed by the Legislature become new California laws.

State governors have the power to veto a bill if they believe it does not align with their vision or the interests of the state. In some cases, a bill can become a law without the governor's signature. For instance, in North Carolina, Governor Wes Moore recently allowed certain bills to become law without his signature.

The process of signing bills into law involves both legislators and governors. Legislators draft and pass bills, but it is the governors who make the final decision on whether these bills become law. This ensures a balance of power between the executive and legislative branches, allowing for a comprehensive and thorough decision-making process.

The role of legislators in introducing and drafting bills

Legislators play a crucial role in introducing and drafting bills. 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 committee provides the most intensive consideration to a proposed measure, as well as a forum for the public to be heard. The committee may also hold hearings on the bill, allowing for witness testimonies and further discussions.

After the committee stage, the bill is put before the chamber to be voted on. If the bill passes one body of Congress, it goes through a similar process in the other body. 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.

Therefore, legislators play a vital role in introducing and drafting bills, shaping the content and direction of proposed legislation through committee work and hearings, and ultimately voting on whether to accept or reject a bill.

The process of a bill becoming a law

Step 1: The Bill is Drafted

Any member of Congress – from the Senate or the House of Representatives – can draft a bill. These ideas can come from the members themselves or everyday citizens and advocacy groups. The primary Congress member supporting the bill is called the "sponsor", and other supporting members are called "co-sponsors".

Step 2: The Bill is Introduced

Once the bill is drafted, it must be introduced. If a Representative is the sponsor, the bill is introduced in the House. If a Senator is the sponsor, the bill is introduced in the Senate. Once introduced, the bill can be found on the official government website that tracks federal legislation, Congress.gov.

Step 3: The Bill Goes to Committee

As soon as a bill is introduced, it is referred to a committee. Both the House and the Senate have various committees composed of groups of Congress members with specific interests and areas of expertise. When a bill is with the committee, it is carefully examined, and hearings may be held to better understand the bill's implications. If the committee does not act on a bill, it is considered "dead".

Step 4: Subcommittee Review

Committees often refer bills to a subcommittee for further specialisation and study. The subcommittee may make changes to the bill and must vote to refer it back to the full committee.

Step 5: Committee Mark-Up

When hearings and subcommittee review are complete, the committee will meet to make changes and amendments before recommending the bill to the "floor". If the committee votes against reporting the legislation to the full chamber of Congress, the bill dies. If they vote in favour, it is reported to the floor.

Step 6: Voting by the Full Chamber

Once the bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' votes.

Step 7: Referral to the Other Chamber

When the House or Senate passes a bill, it is referred to the other chamber, where it goes through a similar process of committees and voting. This chamber may approve, reject, ignore, or change the bill. Congress may form a conference committee to resolve differences between the House and Senate versions. If an agreement cannot be reached, the bill dies.

Step 8: The Bill Goes to the President

After both chambers have approved a bill in identical form, the bill is sent to the President. The President can choose to sign and pass the bill, making it a law. They can also veto the bill, sending it back to Congress along with their reasons for doing so. If Congress still believes the bill should become a law, they can hold another vote, and if two-thirds support the bill, the President's veto is overridden, and the bill becomes a law. Alternatively, the President can do nothing, and if Congress is in session, the bill will automatically become law after 10 days. This is known as a "pocket veto".

Step 9: Overriding a Veto

If the President vetoes a bill, Congress may attempt to override the veto. If both the Senate and the House pass the bill with a two-thirds majority, the President's veto is overruled, and the bill becomes a law.

The difference between the House and Senate's lawmaking procedures

The US legislative process is a bicameral system, meaning that a bill must pass through two chambers—the House of Representatives and the Senate—before it can be presented to the President to be signed into law. While both chambers are equal in their legislative roles and functions, there are some key differences in the lawmaking procedures of the House and the Senate.

The House of Representatives

The House of Representatives is made up of 435 members, each serving a two-year term. Members are distributed among the 50 states in proportion to the population of each state.

The House is the only chamber that can initiate revenue-related legislation and appropriation bills. It processes legislation through a majority vote, allowing bills to be passed relatively quickly.

Once a bill is introduced, it is assigned to a committee that will research, discuss, and make changes to it. The committee then puts the bill before the chamber to be voted on. If the bill passes, it goes to the Senate for consideration.

The Senate

The Senate is made up of 100 members, with each state electing two senators to serve six-year terms. The terms are staggered, so that only one-third of the Senate is up for election every two years.

The Senate is the only chamber that can draft legislation related to presidential nominations and treaties. It favours deliberation and debate over quick action, and provides significant procedural leverage to individual senators.

Like in the House, once a bill is introduced, it is assigned to a committee. After the committee has finished considering the bill, it is put before the chamber to be voted on. If the bill passes, it goes back to the House if any changes have been made to the text.

Resolving Differences

If the House and Senate pass different versions of a bill, a conference committee with members from both chambers is usually appointed to resolve the differences. This group will work to create an identical measure to be voted on by both chambers.

Once both chambers have voted to accept the same version of the bill, it is presented to the President to be signed into law.

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