The Legislative Hurdle: Bills To Laws

The process of turning a bill into a law is long and complicated, with many steps. Bills can be blocked at multiple points, and party politics can also affect the number of bills that become laws. Bills can be altered, or entirely blocked, by conference committees, and the president can use vetoes to block laws they don't agree with. Congress can override regular vetoes with a two-thirds majority, but this is not possible with a regular veto.

Party politics and blocking points

Party politics can have a significant impact on the number of bills that become laws. The legislative process allows for back-and-forth between chambers, which can lead to disagreements and alterations to bills. For example, a Democratic House and a Republican Senate may disagree over policy, resulting in a bill being sent back and forth between them. This can delay or even prevent a bill from becoming a law.

Additionally, there are multiple points in the legislative process where bills can be blocked due to party politics. One example is timetabling, where a chamber may refuse to schedule a bill for a vote. In recent years, the Republicans have adhered to the Hastert rule, only allowing a vote on bills that have a GOP majority. This has resulted in bills being blocked, such as the BSEOIM Bill on immigration in 2013.

Conference committees are another potential blocking point. When a bill is ping-ponged between chambers, a conference committee is formed to work out the differences. However, these committees have the power to entirely block a bill, preventing it from becoming a law.

The President also has the power to block laws they don't agree with through vetoes. While Congress can override regular vetoes with a 2/3 majority, this is not always possible, and the last successful override occurred in 2007.

Electoral considerations can also influence the passage of bills. Congressmen and senators may only vote for bills that will benefit them electorally, particularly in the House, where Congressmen face re-election every two years and have less job security. For example, in 2013, 15 Democrats voted against the Assault Weapons Ban bill, claiming they were reflecting the wishes of their constituents.

In summary, party politics and blocking points play a significant role in the low number of bills that become laws. The legislative process allows for chambers to disagree and send bills back and forth, and there are multiple opportunities for bills to be blocked or vetoed due to political differences.

Legislative process is long and complicated

The legislative process is long and complicated, with many steps that a bill must go through before becoming a law. Firstly, any member can introduce legislation, but it must be handed to the clerk of the House or placed in the hopper. The bill is then assigned a number and labelled with the sponsor's name. It is then sent to the Government Printing Office (GPO) for copying. This is just the first step, and already there are multiple hurdles, with the potential for a bill to be postponed or blocked.

The next step is committee action. The bill is referred to the appropriate committee, which may be more than one, and parts may be sent to different committees. The committee will request comments about the bill's merit from government agencies, and the chairman may assign it to a subcommittee. Hearings may be held, and subcommittees will report their findings to the full committee. The full committee will then vote, and the bill will be "ordered to be reported". The committee will then hold a "mark-up" session to make revisions and additions, and if substantial amendments are made, a new "clean bill" will be introduced, with the old bill discarded.

The bill then goes back to the chamber, where the committee amendments must be approved, changed, or rejected before a final passage vote. After the bill is reported, the committee staff prepares a written report explaining why they favour the bill and why they wish to see their amendments, if any, adopted. The report is sent back to the chamber and is placed on the calendar. In the House, most bills go to the Rules Committee, which adopts rules that will govern the procedures under which the bill will be considered by the House. These rules can have a major impact on whether the bill passes.

The legislation is then placed on the Calendar, with the scheduling decided by the Majority Leader. The bill is then debated, and in the House, this is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. The bill is then reported back to the House and voted on. If passed, it is sent to the other chamber, unless that chamber already has a similar measure under consideration. If the same bill is passed by both the House and Senate, it is sent to the President. If different bills are passed, they are sent to a Conference Committee to work out the differences.

As demonstrated by the above outline, the legislative process is a long and complex journey, with many opportunities for a bill to be altered or blocked entirely.

Bills are blocked due to chamber disagreements

The legislative process allows bills to move back and forth between chambers, which can cause delays and alterations to the original bill. This means that a bill can be sent back and forth between a Democratic House and a Republican Senate, for example, who may disagree over policy. This can affect the number of bills that become laws.

There are multiple points at which a bill can be blocked. For instance, a chamber may refuse to timetable a bill, or use a rule such as the Hastert rule to block it. In 2013, the BSEOIM Bill on immigration was blocked due to GOP control of the House. Conference committees are formed to deal with bills that are sent from one chamber to another, but they also have the power to entirely block a bill.

The President can also use vetoes to block laws they don't agree with. While Congress can override regular vetoes with a two-thirds majority, this is not possible with a pocket veto. The last override of a veto was in 2007.

Conference committees can block bills

Conference committees are an essential part of the legislative process, helping to ensure the effective operation of legislative bodies. They are formed in relation to a specific bill and are tasked with negotiating a proposal that can be agreed upon by both chambers. Conference committees are usually composed of senior members of the standing committees of each house that originally considered the legislation.

The use of conference committees can be extremely contentious, especially if the houses are controlled by different parties. This can lead to a back-and-forth trading of proposals between the House and the Senate, known as "amendment exchange" or "ping-pong". While conference committees aim to draft a compromise bill that both houses can accept, they also have the authority to block a bill entirely. This can occur when the committee is unable to reach an agreement or when the committee's proposal is not accepted by one or both of the chambers.

The decline in the use of conference committees in recent decades has been noted. In the 104th Congress (1995–97), for example, 67 conference reports were produced, while in the 117th Congress (2021–23), there were none. This decline may be due to the increasing political polarisation and legislative gridlock in the United States.

The role of conference committees in blocking bills is significant as it represents one of the multiple points in the legislative process where bills can be stopped from becoming laws. This, in turn, contributes to the overall low percentage of bills that are enacted.

President's veto power

The President of the United States has the power to veto legislation, which is a power that prevents a bill from becoming a law. This is one of the many checks and balances of the US government. The President's veto power is defined in Article 1, Section 7 of the US Constitution.

When a bill is passed by the House of Representatives and the Senate, it is sent to the President, who can either sign it into law or veto it. If the President vetoes the bill, it is sent back to Congress, where a two-thirds majority vote in both the House and the Senate is required to override the veto.

The President has 10 days (excluding Sundays) to veto a bill. If the President does not veto or sign the bill within this time frame and Congress has not adjourned, the bill automatically becomes law. This is to prevent the President from killing legislation through inaction.

If Congress has adjourned before the 10-day period is up, the President can use a "pocket veto", where they do not return the bill to Congress but simply take no action. In this case, the bill does not become law.

The veto power is an important tool for the President to block laws that they do not agree with. For example, President Obama used his veto power at least twice during his time in office, and President Bush was known to veto more frequently.

The threat of a veto is also a powerful tool for the President to influence legislation. This is known as "veto signalling".

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