Legislative Labyrinth: Bills' Journey To Becoming Law

why do so many bills fail to become law

The process of a bill becoming a law is a long and arduous one, and it is no surprise that less than 10% of proposed bills actually become laws. The legislative process is designed to be this way, with the intention of ensuring that laws are well-considered and deliberate. Before a bill becomes a law, it must pass both houses of Congress and be signed by the President. It may begin its journey at any time, but it must be passed during the same congressional session of its proposal, a period of one year. If it does not complete the process, it is dropped, and can only be revived through reintroduction and going through the whole process again.

There are many opportunities to kill a bill before it becomes law. In each house, a bill must survive three stages: committee consideration, floor debate, and conference committees. Most bills die in committee or subcommittee, where they are pigeonholed, or simply forgotten and never discussed. If a bill survives, hearings are set up in which various experts, government officials, or lobbyists present their points of view to committee members. After the hearings, the bill is marked up, or revised, until the committee is ready to send it to the floor.

The process of passing a bill is also different in the House and the Senate. While both are equal in how they function, only the House can initiate tax and revenue-related legislation. And only the Senate can draft legislation related to presidential nominations and treaties. While the House processes legislation through a majority vote, the Senate does so through deliberation and debate prior to voting.

Characteristics Values
Number of bills enacted into law since World War II 4-6 million words of new law in each two-year Congress
Number of bills enacted into law Decreasing
Number of bills introduced in each two-year Congress N/A
Number of bills that are pigeonholed or forgotten 90%
Number of bills that are vetoed by the President N/A

lawshun

Bills must pass both houses of Congress

The legislative process in the United States is intentionally designed to be long and difficult. The founders believed that efficiency was the hallmark of oppressive government and wanted to ensure that laws were well-considered and deliberate. As a result, bills must pass both houses of Congress—the House of Representatives and the Senate—before becoming law.

The House of Representatives is the law-making branch of the federal government. A bill is a proposal for a new law or a change to an existing law. 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 citizens 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 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 Senate and the House have some procedural differences. While both are equal in how they function, only the House can initiate tax and revenue-related legislation. And only the Senate can draft legislation related to presidential nominations and treaties. While the House processes legislation through a majority vote, the Senate does so through deliberation and debate prior to voting.

lawshun

The President must sign the bill into law

The President's signature is a powerful tool. If the President declines to sign or veto the bill within the ten-day period, the bill can still become law without their signature, except when Congress has adjourned under certain circumstances. This is a rare occurrence, however, as Congress is usually in session.

If the President chooses to veto a bill, it is sent back to Congress, where it originated. Congress can then attempt to override the President's veto, but this requires a two-thirds majority vote in both chambers, which is challenging to achieve. If both chambers successfully override the veto, the bill becomes law.

The President's role in signing a bill into law is significant. Their approval is essential, and their veto power can be a formidable obstacle. While Congress can override a veto, it is a difficult process, demonstrating the President's ability to influence the legislative process and shape the laws that are enacted.

lawshun

Bills must be passed within the same congressional session of their proposal

The legislative process in the United States is intentionally designed to be long and difficult. The founders believed that efficiency was the hallmark of oppressive government, and they wanted to ensure that laws were well-considered and deliberate.

A bill must be passed during the same congressional session of its proposal, which lasts for one year. If it does not complete the process within that time, it is dropped and can only be revived through reintroduction and going through the entire process again.

The process begins with the introduction of a bill, which can be proposed by a sitting member of the U.S. Senate or House of Representatives, or be part of 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 introduced, a bill is assigned to a committee, which will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If it 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.

The president can choose to approve the bill and sign it into law, or they can refuse to approve it, 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. 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 and cannot be overridden by Congress.

lawshun

Bills must survive committee consideration

New bills are sent to standing committees by subject matter. For example, bills on farm subsidies generally go to the Agriculture Committee. Bills that propose tax changes would go to the House Ways and Means Committee. Since the volume of bills is so large, most bills today are sent directly to a subcommittee. Most bills — about 90% — die in committee or subcommittee, where they are pigeonholed, or simply forgotten and never discussed. If a bill survives, hearings are set up in which various experts, government officials, or lobbyists present their points of view to committee members. After the hearings, the bill is marked up, or revised, until the committee is ready to send it to the floor.

The committee stage is a crucial step in the legislative process, where a bill's fate is often decided. Committees are responsible for reviewing and analysing proposed legislation, making any necessary revisions, and determining whether to advance the bill for further consideration. This stage provides an opportunity for subject-matter experts, stakeholders, and the public to provide input and help shape the bill. It also allows for careful deliberation and negotiation among committee members, who may have differing perspectives and priorities.

During committee consideration, a bill may undergo substantial changes and revisions. Committee members can propose amendments, incorporate new provisions, or remove sections they deem unnecessary or controversial. This collaborative process is designed to improve the bill and ensure that it addresses the intended issues effectively and comprehensively. It also helps identify potential challenges or unintended consequences that may arise from the proposed legislation.

The committee stage also involves holding hearings, where invited witnesses testify and provide their expertise, insights, and perspectives on the bill. These witnesses can include government officials, policy experts, representatives from affected industries or communities, and members of the public with a stake in the outcome. The hearing process allows for a more thorough examination of the bill's potential impacts and helps ensure that a diverse range of viewpoints are considered.

Once a bill has been thoroughly reviewed, discussed, and revised by the committee, it will be voted on by the committee members. The committee will decide whether to approve the bill and advance it to the next stage of the legislative process or reject it. The committee may also choose to take no action on the bill, effectively killing it without a direct vote.

The committee stage is a critical filter that helps ensure that only well-crafted, carefully considered bills advance further. It provides a forum for robust debate, negotiation, and input from various stakeholders. By the time a bill emerges from committee, it has been thoroughly vetted and is more likely to have broad support when it reaches the floor for a full chamber vote.

lawshun

Both chambers must vote to accept a bill

For a bill to become a law, it must be accepted by both chambers of Congress. This is an important safeguard of the American democratic way of life, as it ensures that a proposal cannot become a law without consideration and approval by both Houses of Congress. This is a key feature of the bicameral legislative system, which allows for ample opportunity for all sides to be heard and make their views known.

The majority of laws originate in the House of Representatives, and so the discussion will focus principally on the procedure in that body. Once a bill has been 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 it 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 process is long and difficult, and it has been criticised for being arcane and too slow for a fast-paced country like the United States. However, the founders intentionally set it up that way, and the many hurdles that bills must face help to ensure that those that survive are well-considered and deliberate.

Frequently asked questions

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment