Who Enacts Laws? Understanding The Legislative Process

Bills are proposed laws, and they can be introduced by 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. 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 then considers the bill. The president can approve the 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, in most cases, Congress can vote to override that veto, and the bill becomes a law. But 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.

How a bill becomes a law

Laws begin as ideas. In the United States, any member of the House of Representatives can introduce a bill, which is a proposal for a new law or a change to an existing one. The idea for a bill can also come from a sitting member of the U.S. Senate or be proposed during their election campaign. Bills can even be petitioned by citizens or citizen groups who recommend a new or amended law to their Congressional representative. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to it.

The bill is then 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, and if it passes, they present it to the president.

The president then has the choice to approve the bill and sign it into law or refuse to approve it, which is called a veto. 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, or "pocket vetoed," and this action cannot be overridden by Congress.

The role of the Legislature

Members of the House of Representatives or the Senate can introduce a bill. In the House, the bill is handed to the clerk or placed in the hopper, while in the Senate, members must gain recognition from the presiding officer. Each bill is then assigned a number (e.g., HR 1 or S 1) and labelled with the sponsor's name.

Committee Action:

The Speaker of the House or the presiding officer in the Senate refers the bill to the appropriate committee. The committee studies, discusses, and makes changes to the bill. The bill may be referred to multiple committees or subcommittees, and members can request hearings and invite experts to provide input. Once the committee finalises the bill, it is put before the chamber for a vote.

Voting on the Bill:

If the bill passes one chamber of Congress, it moves to the other chamber, where it undergoes a similar process of research, discussion, and voting. If the bill passes both chambers, they work together to reconcile any differences between their versions.

Presidential Consideration:

Once both chambers of Congress approve a bill, it is presented to the President for consideration. The President has the power to approve the bill and sign it into law or to veto it. If the President vetoes the bill, Congress can override the veto by voting on it again, and if two-thirds of both chambers support the bill, it becomes a law.

Enactment into Law:

After a bill is approved by both chambers of Congress and, if necessary, a presidential veto is overridden, the bill becomes a law. It is then enforced by the government and published for the public.

The role of the President

The President's role in the process of a bill becoming a law is a crucial one. Once a bill has been introduced, assigned to a committee, debated, and voted on by both the House of Representatives and the Senate, it is then presented to the President. At this stage, the President has three options:

• The President can approve the bill and sign it into law.
• The President can refuse to sign the bill and veto it.
• The President can choose not to sign the bill and allow 10 days to pass, resulting in a pocket veto.

If the President chooses to veto a bill, Congress can override this decision and the bill will become a law. However, if the President vetoes a bill and Congress does not override it, the bill will not become a law.

If the President approves a bill, or chooses not to act on it within 10 days while Congress is in session, the bill will become a law. Once a bill has been signed by the President or has passed into law without their signature, it is sent to the Archivist of the United States for publication.

The role of the Governor

The governor's role in the lawmaking process varies from state to state and is determined by each state's constitution. In some states, the governor has the power to propose new laws or amendments to existing ones. The governor can also play a crucial role in influencing the state legislature, which is responsible for creating and passing laws.

Proposing Laws

The governor can propose new laws or amendments by delivering a speech, known as the "State of the State" address, to the state legislature. This address outlines the governor's priorities and recommendations for the state, including any proposed legislation. The governor can also submit a budget proposal to the legislature, which serves as a blueprint for the state's spending and revenue plans.

Influencing the Legislature

The governor has several tools to influence the state legislature and shape the outcome of legislation. These include:

• The Veto Power: The governor can veto, or reject, a bill passed by the legislature. In most states, the governor must provide specific reasons for the veto, and the legislature can override the veto with a supermajority vote.
• Amendment and Line-Item Veto: In some states, the governor has the power to veto specific provisions or items within a bill, rather than vetoing the entire bill.
• The Pocket Veto: If the legislature adjourns before the governor acts on a bill, the bill is considered vetoed by default, and the legislature cannot override this type of veto.
• The Signing Statement: When signing a bill into law, the governor can issue a signing statement interpreting the bill's meaning and how it should be implemented. This can influence how the law is enforced and interpreted by state agencies and courts.
• The Bullying Pulpit: The governor can use public speeches, press conferences, and media appearances to advocate for or against specific legislation, leveraging their position to influence public opinion and pressure the legislature.
• The Legislative Veto: In some states, the governor has the power to veto legislative rules, procedures, or resolutions, giving them a say in how the legislature operates.
• The Agenda-Setting Power: The governor can influence which issues the legislature prioritizes by proposing legislation, highlighting certain topics in the "State of the State" address, or including specific items in the budget proposal.

Working with the Legislature

The governor also plays a collaborative role with the legislature by appointing members to various boards and commissions that work closely with legislative committees. The governor's office often includes legislative liaisons who maintain regular communication with legislative leaders, negotiate deals, and build relationships that can facilitate the passage of the governor's agenda.

Additionally, the governor has the power to call special sessions of the legislature to address specific issues or propose emergency legislation. This power can be used to focus the legislature's attention on the governor's priorities and expedite the passage of critical bills.

While the specific powers and responsibilities of the governor vary across states, the governor's role in the lawmaking process is significant. Through proposing legislation, influencing the legislature, and collaborating with lawmakers, the governor helps shape the laws that govern the state.

The process of amending a bill

In the United States, a bill is a proposal for a new law or a change to an existing law. The process of amending a bill involves several steps and requires the involvement of both chambers of Congress and the President. Here is an overview of the process:

Assignment to a Committee

Once a bill is introduced, it is assigned to a committee. The committee members are responsible for researching, discussing, and making changes to the bill. This committee process allows for a thorough examination and debate of the bill's content before it advances further in the legislative process.

Voting in the First Chamber

After the committee has completed its work, the bill is put before the first chamber of Congress for a vote. In the House of Representatives, a simple majority (218 out of 435) is required for the bill to pass. If the bill does not receive the necessary votes, it does not advance to the next stage.

Assignment to Another Committee in the Senate

If the bill passes in the House of Representatives, it then moves to the Senate. In the Senate, the bill is assigned to another committee, where it undergoes a similar process of research, discussion, and potential amendments. This committee process in the Senate provides an additional layer of review and deliberation.

Voting in the Senate

Following the committee's work, the bill is voted on by the full Senate. Similar to the House, a simple majority (51 out of 100) is required for the bill to pass in the Senate. If the bill fails to receive a majority vote in the Senate, it does not proceed further.

Reconciliation and Final Approval

After passing both chambers, the bill is reconciled to ensure consistency. A conference committee, consisting of members from both the House and the Senate, works to resolve any differences between the two versions of the bill. This step is crucial to ensure that the final version of the bill is cohesive and aligns with the intentions of both chambers.

Presentation to the President

Once the conference committee has finalised the bill, it returns to the House and Senate for a final approval vote. If the bill passes this final vote, it is presented to the President for consideration. The President has the power to approve or veto the bill.

Presidential Action

The President plays a crucial role in the process of amending a bill. The President can choose to approve the bill and sign it into law, or they can exercise their veto power and refuse to approve it. If the President approves the bill, it becomes law. However, if the President vetoes the bill, Congress has the power to override the veto and pass the bill into law anyway, provided it gains a majority vote in both chambers.

It is important to note that the legislative process can vary between the House and the Senate, with each chamber having unique procedural differences. For example, only the House can initiate tax and revenue-related legislation, while only the Senate can draft legislation related to presidential nominations and treaties.

Frequently asked questions