Cecily Zamora
The process of passing a bill into law in the United States involves several steps, including referral to a committee, deliberation, debate, and voting. The Senate's voting rules allow for a simple majority in most cases, but some measures, such as overriding a presidential veto, require a two-thirds majority. While senators cannot vote for parts of laws, the bill may be referred to multiple committees, where it is discussed, amended, and voted on before proceeding to the next stage. This process provides leverage to individual senators and allows for comprehensive consideration of the bill.
| Characteristics | Values |
|---|---|
| Senators can delay a final vote on most amendments, bills, or other motions | Senators can insist on extended debate to delay or prevent a final vote |
| The Senate does not have an electronic voting system | Senators vote via a roll-call vote or voice vote |
| The Senate has rules that govern the procedures under which a bill will be considered | A "closed rule" sets strict time limits on debate and forbids the introduction of amendments |
| The Senate can act using unanimous consent agreements | Unanimous consent agreements are structured plans for limiting debate and amending that can be tailored to each bill |
| The Senate can override a presidential veto | A two-thirds vote in each House is required to override a presidential veto |
| The Senate can propose legislation related to treaties | Only the Senate can draft legislation related to presidential nominations and treaties |
| The Senate can propose legislation related to presidential nominations | Only the Senate can draft legislation related to presidential nominations and treaties |
| The Senate can propose a constitutional amendment for ratification by the states | A two-thirds vote of the Senate is required to propose a constitutional amendment for ratification by the states |
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What You'll Learn
Senators can delay votes with extended debates (filibusters)
In the U.S. Senate, a filibuster is a tactic used by senators to delay or block a vote on a piece of legislation or a confirmation. Senators can use the filibuster to prevent the passage of bills with broad public support, even if they represent a small minority of the country.
The filibuster has its origins in the Senate's original rules, which allowed for unlimited debate. This meant that senators could indefinitely delay a vote without a supermajority. In 1917, the Senate passed Rule XXII, or the cloture rule, which allowed the filibuster to be broken with a two-thirds majority. However, in 1975, the Senate reduced the requirement to 60 votes, which has become the de facto minimum for passing legislation.
The use of the filibuster has increased dramatically in recent years, with about half of the 2,000 filibusters since 1917 occurring in just the last 12 years. This has led to criticism that the filibuster undermines the Senate as a governing body and slows down the legislative process.
To counter the filibuster, Senate leaders have increasingly used cloture motions, which require a three-fifths majority to end debate and bring a measure to a vote. In some cases, the Senate has also set time limits on debates following the invocation of cloture.
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Amendments to bills can be unrelated to the original bill
In the United States, amendments to bills, also known as riders, can be unrelated to the original bill. This is because the phrase "and for other purposes" is frequently included within bills, even if a rider is not initially attached, to allow for riders unrelated to the original legislation to be added later. When the veto is an all-or-nothing power, as in the US Constitution, the executive must either accept the riders or reject the entire bill. This has the practical consequence of constraining the veto power of the executive.
An example of a notable rider was in the Health Care and Education Reconciliation Act of 2010, an amended version of the Patient Protection and Affordable Care Act. The amended bill included a rider for the Student Aid and Fiscal Responsibility Act, whose student loan reform was unrelated to the broader bill's primary focus on healthcare reform.
Riders are also used at the state level. For example, a 2005 bill in West Virginia that focused on limiting the number of members that cities could appoint to boards of parks and recreation included a rider that made English the official language of the state. Most members of the West Virginia Legislature did not realize that the rider had been entered into the bill until it had already passed both state houses. Then-West Virginia governor Joe Manchin vetoed the bill due to a provision in the Constitution of West Virginia that limits bills to one topic, making riders de facto unconstitutional in the state.
While riders can be unrelated to the original bill, they are not without constraints. For instance, 43 of the 50 US states have provisions in their state constitutions allowing the use of line-item vetoes, which enable the executive to veto single objectionable items within a bill without affecting the main purpose or effectiveness of the bill.
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Senators can't cut off debates to impose a debate limit
Senate rules provide no way for a simple numerical majority to cut off debates and impose a debate limit. Senators can threaten to wage a filibuster, which is when they insist on extended debate to delay or prevent a final vote on most amendments, bills, or other motions. While cloture can be invoked with a three-fifths majority, this only limits further consideration of the bill to 30 hours, and a simple majority is still required to pass the bill.
There are some exceptions to the cloture rule. For instance, only a simple majority is required to end debate on nominations to executive branch positions and federal judgeships. Additionally, there are certain types of legislation for which Congress has previously written into law special procedures that limit the amount of time for debate. An example of this is the budget reconciliation process, which allows a simple majority to adopt certain bills addressing entitlement spending and revenue provisions, thereby prohibiting a filibuster.
Another option to limit debate is through unanimous consent agreements. These are structured plans that can be tailored to each bill and can effectively process the Senate's business while protecting the procedural rights of each member.
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Bills require a two-thirds majority to override a presidential veto
In the United States, the President has the power to veto a bill, which is their strongest way to demonstrate objection to a piece of legislation. However, this veto can be overridden by a two-thirds majority vote in each House of Congress. This means that for a bill to become a law even after being vetoed by the President, two-thirds of Congress must vote in favour of the bill. This is a significant occurrence, as there have only been about 2600 vetoes in US history, and only about 110 of them have been overridden.
The process of a bill becoming a law involves several steps, including the President's approval. After a bill passes the House of Representatives, it goes to the President, who can either approve it and turn it into law or veto it. If the President vetoes the bill, it is sent back to Congress, where it requires a two-thirds majority to override the veto and for the bill to become a law.
The reason for this process is partly due to the political theatre that comes with a President issuing a veto and Congress overriding it. The President's veto is a powerful statement of their objection, and Congress's ability to override this veto demonstrates their unity against the President. Additionally, it ensures that all participants are on the record regarding their stance on the bill.
Furthermore, while a bill may have sufficient support in Congress to override a potential veto, this support is not guaranteed. Members of Congress may change their votes after a veto for various reasons, including new information or concessions by the administration. Therefore, it is essential to follow the established procedure to ensure that the bill has the required level of support to become a law, even in the face of Presidential opposition.
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Bills can be split and sent to different committees
Once a bill is introduced, it is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. The committee adopts rules that will govern the procedures under which the bill will be considered by the House. A closed rule sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes.
Bills may be referred to more than one committee and they may be split so that parts are sent to different committees. The Speaker of the House may also assign a bill to a subcommittee, which will report its findings to the full committee. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members).
The Committee of the Whole debates and amends the bill but cannot technically pass it. Debate is guided by the Sponsoring Committee and time is divided equally between proponents and opponents. Amendments must be germane to the subject of a bill—no riders are allowed. The bill is reported back to the House (to itself) and is voted on. A quorum call is a vote to make sure that there are enough members present (218) to have a final vote. If there is not a quorum, the House will adjourn or will send the Sergeant at Arms out to round up missing members.
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Frequently asked questions
Senators vote on laws in their entirety, not on parts of them. This is because a bill is a proposal for a new law or a change to an existing law, and it must go through a process of research, discussion, and changes before it is voted on.
A bill is introduced by a sitting member of the U.S. Senate or House of Representatives, or it can be proposed during their election campaign. It is then 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 it passes one body of Congress, it goes through the same process in the other body. Once both bodies vote to accept a bill, they work out any differences between the two versions and vote on the same version. If it passes, it is sent to the President for review.
If the President chooses to veto 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, and this cannot be overridden. This is called a "pocket veto".
A "pocket veto" occurs when a bill is not signed by the President within 10 days and Congress is no longer in session. In this case, the bill is vetoed by default, and this action cannot be overridden by Congress.
