Isabella Carter
The process of passing a bill in the United States is a complex one, with many steps and requirements. The Constitution outlines the powers and responsibilities of Congress in creating and modifying laws, including the process of passing bills. This process involves multiple stages, including the introduction of legislation, debates and amendments, voting, and presidential approval. The specific procedures and requirements for passing a bill are detailed in the Constitution, which serves as the foundation for law-making in the country. The legislative process is designed to be thorough and deliberative, ensuring that laws are carefully considered and represent the interests of the people.
| Characteristics | Values |
|---|---|
| Who can introduce a bill? | Any member of Congress |
| How is a bill introduced? | Legislation is handed to the clerk of the House or placed in the hopper |
| What is required for a bill to be introduced? | A member must gain recognition from the presiding officer to announce the bill's introduction during the morning hour |
| What happens if a senator objects to the introduction of a bill? | The introduction of the bill is postponed until the next day |
| What happens after a bill is introduced? | The bill is assigned a number (e.g. H.R.51 or S.1077) and labeled with the sponsor's name |
| What is the process for a bill to become a law? | The bill must pass both bodies of Congress, with each body conducting its own process of research, discussion, changes, and voting. Once both bodies accept a bill, they must work out any differences between their versions. Then, both chambers vote on the same version of the bill. If it passes, they present it to the president for approval. |
| What happens if the president does not approve a bill? | The president can veto the bill. In most cases, 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 pocket vetoed and cannot be overridden by Congress. |
| What is the difference between a joint resolution and a bill? | Joint resolutions are used for continuing or emergency appropriations and proposing amendments to the Constitution. They do not require the president's signature to become part of the Constitution. |
| What is the role of committees in the bill passage process? | Committees hold "mark-up" sessions to make revisions and additions to bills. They can also order the introduction of a "clean bill" incorporating proposed amendments. The committee staff prepares a written report explaining their support for the bill and any desired amendments. |
| What is the role of the Speaker of the House in the bill passage process? | The Speaker of the House decides, along with the Majority Leader, which bills will reach the floor and when. |
| What are the rules regarding debate on a bill? | A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. The Committee of the Whole guides the debate and ensures equal time for proponents and opponents. Amendments must be germane to the subject of the bill. |
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What You'll Learn
Bills require approval from both chambers of Congress
The United States Constitution grants Congress the authority to create and modify laws. This entails passing bills, which must be approved by both chambers of Congress. The two chambers of Congress are the House of Representatives and the Senate.
Bills are typically proposed by members of Congress, who may have promised during their election campaigns to introduce specific legislation. Alternatively, a member may identify a need for legislative action on a particular issue after taking office. Members' constituents may also petition their representative to introduce a bill.
Once a bill is introduced, it is assigned a number and the name of its sponsor. It then goes through a process of research, discussion, and potential changes in one chamber of Congress. If the bill passes one chamber, it moves to the other chamber, where it undergoes a similar process. After both chambers have voted to accept a bill, they must agree on a single version of the bill. This involves resolving any discrepancies between the two versions. Finally, both chambers vote on the agreed-upon version of the bill. If it passes, it is presented to the president for approval or veto.
The process by which bills are passed in Congress can be influenced by various factors. For example, the Speaker of the House and the Majority Leader play a crucial role in deciding which bills reach the floor and when. Additionally, the rules committee can set strict time limits on debate and amendments, impacting a bill's chances of passage.
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The president can veto a bill
The president has two types of veto: a regular veto and a pocket veto. A regular veto occurs when the president refuses to approve a bill and sends it back to Congress within ten days, excluding Sundays. The president must also provide a veto statement outlining their objections to the bill in writing, and Congress is required to consider these objections. Congress can then vote to override the veto by a two-thirds majority in both chambers, and the bill will become law.
A pocket veto occurs when Congress adjourns before the ten-day period has passed, during which the president could have signed the bill. In this case, the bill is vetoed by default, and Congress cannot override it. The president is still required to provide a veto statement, and in some cases, they may accompany it with a message detailing their objections to prevent any confusion about whether the bill was intentionally vetoed or should have become law.
The veto power of the president is not absolute, and it is subject to checks and balances. The ability of Congress to override a veto ensures that the president cannot unilaterally block legislation. Additionally, the requirement for the president to state their objections in writing and for Congress to consider them adds another layer of scrutiny to the process.
The presidential veto power was first exercised on April 5, 1792, when President George Washington vetoed a bill outlining a new apportionment formula. Over time, various proposals for an absolute veto have been rejected, and the veto power is limited to revisionary purposes, as Elbridge Gerry stated during the final days of the Constitutional Convention.
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Congress can override a presidential veto
The US Constitution, which came into effect on March 4, 1789, grants the president of the United States veto power. This power allows the president to prevent a bill passed by Congress from becoming law. However, the Constitution also provides a check on this power, allowing Congress to override a presidential veto.
The process of passing a bill begins with any member of Congress introducing a piece of legislation. The bill is then debated and amended by the Committee of the Whole before being voted on by the House. If it passes one body of Congress, it goes through a similar process in the other body, after which both bodies must work out any differences between their respective versions. Once both chambers agree on a version of the bill, it is presented to the president.
The president can approve the bill and sign it into law, or they can veto it, refusing to approve and sending it back unsigned within ten days (excluding Sundays) to the house of Congress in which it originated. The president must state their objections to the bill in writing, and Congress is required to consider them. Congress can override this veto by a two-thirds vote of both chambers, at which point the bill becomes law. Historically, Congress has overridden about 7% of presidential vetoes.
In addition to the presidential veto, there are also gubernatorial vetoes, where state governors can veto bills passed by their state legislatures. All 50 state governors have this power, as do the governors of the five permanently inhabited US territories. Some mayors and county executives also have veto power.
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Bills can be introduced by any member of Congress
The process of passing a bill begins with its introduction by any member of Congress. This is a power granted to members of Congress by the Constitution, which outlines the legislative process from introduction to enactment into law.
Any member of Congress can propose a bill, often in response to a need for amendment, repeal, or enactment of a statute. This may be influenced by the member's constituents, who have the right to petition and transmit their proposals. Once a bill is introduced, it is handed to the clerk of the House or placed in the hopper, and members must gain recognition from the presiding officer to announce its introduction. If a senator objects, the introduction is postponed until the next day.
Bills are prefixed with "H.R." when introduced in the House and "S." when introduced in the Senate, followed by a number based on the order of introduction. After introduction, the bill is assigned a number and labelled with the sponsor's name. It is then sent to a committee for review and potential revision. The committee holds a mark-up" session, where revisions and additions are made, and if substantial amendments are proposed, a "clean bill" incorporating these changes is introduced, replacing the old bill.
The committee staff then prepares a written report explaining their support for the bill and their proposed amendments. The bill, along with the report, is sent back to the chamber for approval, change, or rejection of the committee amendments. The chamber must then conduct a final passage vote on the bill. Thus, the introduction of a bill by any member of Congress is just the first step in a comprehensive legislative process involving multiple stages of review, revision, and voting.
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Committees can make amendments to bills
Committees play a crucial role in the legislative process by reviewing, amending, and reporting bills to the full chamber for further consideration and voting. This process of amending bills by committees is known as the "mark-up" session. During this session, committee members study the viewpoints presented during public hearings in detail and propose amendments to the bill. These amendments are subject to acceptance or rejection by the full chamber, typically the House of Representatives or the Senate.
The "mark-up" session allows committees to make revisions and additions to the bill. If substantial amendments are made, the committee can introduce a "clean bill," which incorporates all the proposed amendments. This new bill is assigned a new number, and the previous version is discarded. The committee then reports the clean bill back to the chamber, along with a written report explaining the amendments and their rationale.
The committee's jurisdiction over a bill is defined by the subject matter under the rules of each chamber. For example, the Committee on the Judiciary in the House has jurisdiction over measures related to judicial proceedings, constitutional amendments, immigration policy, and other specific areas. The Speaker of the House may refer a bill to multiple committees to consider different provisions within their respective jurisdictions.
The committee's ability to amend a bill is subject to certain rules and limitations. Amendments must be germane to the subject of the bill, meaning they should be directly relevant to its content. Additionally, there are procedural rules, such as a closed rule, which sets strict time limits on debate and forbids the introduction of amendments. These rules can significantly impact the fate of a bill.
It's important to note that while committees can propose amendments, they cannot technically pass a bill on their own. After the committee has completed its work, the bill is reported back to the chamber, where it is subject to further debate, amendment, and, ultimately, a vote. The chamber must approve, change, or reject all committee amendments before conducting a final passage vote on the bill.
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Frequently asked questions
The legislative process involves the introduction, debate, amendment, voting, and enactment of a bill into law. Any member can introduce a bill, which is then handed to the clerk of the House or placed in the hopper. The bill is assigned a number and label before being sent to the floor. The Committee of the Whole debates and amends the bill, reporting it back to the House for a vote. If the bill passes one body of Congress, it goes to the other body, and the process repeats. Once both bodies vote to accept, they work out any differences between the two versions, and both chambers vote on the same version. If passed, the bill is presented to the president for approval.
The president can refuse to approve a bill, which is called a veto. In most cases, Congress can vote to override this 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 pocket vetoed, which cannot be overridden.
Committees play a crucial role in the process. They hold mark-up" sessions to make revisions and additions to the bill. If substantial amendments are made, a "clean bill" with the proposed amendments is introduced, and the old bill is discarded. The committee staff then prepares a written report explaining their support for the bill and their desired amendments. This report is sent back to the whole chamber and placed on the calendar.
Bills are typically used for domestic and foreign issues, as well as appropriating money to government agencies and programs. Public bills pertain to matters affecting the general public or classes of citizens, while private bills affect specific individuals or organizations. Joint resolutions are used for continuing or emergency appropriations and proposing amendments to the Constitution. Like bills, joint resolutions require approval from both chambers and the president's signature to become law, except when proposing constitutional amendments, which do not require presidential approval.
