How a Bill Becomes a Law

In the United States, the primary source of our laws comes from the United States Congress, which is broken down into the House of Representatives, which has 435 members, and the Senate, which has 100 members, or 2 for each state. Legislation can be proposed by any member of Congress, and many times, the President himself proposes legislation. When that is done, as when any idea for a new law is made, the committee that is related to the issue under consideration for a new law discusses the proposed legislation. For example, if the president or any member of Congress were to propose legislation having to do with farming, then the proposed bill would be discussed by the Agriculture Committee in one of the bodies of Congress. More often, the House of Representatives will debate the proposed bill than the Senate will, and therefore, the House Agriculture Committee will most likely discuss any proposed laws relating to farming first.

The first thing that happens is that a member of Congress will originate a law, and become the law’s “primary sponsor”. Any other member of Congress can join as a co-sponsor at any time, before or after the bill is proposed. Each committee has members of both parties in it. The party that has a majority in that House of Congress will always have at least one more member in each committee than the minority party will. The chairperson of a committee is elected by their party, and is usually given to the member of the committee with the most seniority, knowledge, and experience related to the issues that the committee discusses. The chairperson always belongs to the party that has a majority in that body of the Congress. The party that is a minority in that body will elect a “ranking member” of the committee, who is the leader of the committee for his/her party. If the party that has a majority of one House loses that majority, then in the next session of Congress, the ranking member of a committee will almost always become its chairperson, and vice versa, the chair of the committee is now the ranking member, since his/her party no longer has the majority.

The first step in the consideration of a proposed law is for the committee to debate it. Reports from Cabinet-level, and other government departments that are related to the issue being discussed, are given to the committee to consider. Once the reports are in, the committee will discuss the measure, and many times, request that specialists in the area appear before the committee to testify, and offer their advice and opinion on the proposed measure. Once the regular committee’s consideration is complete, the measure will go to a subcommittee to “markup”, or place amendments, on the bill. The subcommittee may vote the bill back to the full committee, with or without amendments. It may also “table” the bill, which would essentially kill the bill. If the bill returns to the full committee, the committee may vote to support the bill, or oppose it, and also has the option of amending the bill. When the bill is approved, it is sent to the full House of Representatives (or the Senate, if the Senate’s committee originated the bill, which is less common).

When the bill is sent to the House, it is read aloud again, and this time, all members may debate on the bill. There is a set amount of time for debate on a certain bill, and also a set amount of time that each party has to argue their opinions. Amendments on the bill may also be proposed and voted on, and when the debates are completed, the full House will vote on the final bill- the result of the originally proposed bill, and all the amendments that were approved by the committee, subcommittee, and the full House. The vote may be a voice vote, where every member says yea, or nay. If it is difficult to determine the result of the voice vote, then there will be a standing vote, when every member will rise and sit according to their vote, and the heads will be counted. The voice vote and the standing vote are used when it is believed that a large majority of members will vote in a certain way. These kinds of votes are taken to avoid wasting too much time on taking a scientific vote of all 435 members when the results are known before the vote. If one-fifth of the quorum of the House, or 44 members, requests a more scientific vote, since they believe the vote will be close, there will be an electronic vote which will take at least 15 minutes. The electronic vote is done by each Member taking an ID card, and inserting it into one of the voting stations on the Hose floor. The votes are counted electronically, and when the voting time is over, the result of the vote is recorded and read.

If the Bill is passed by the House, then the Bill is sent to the Senate, and is then considered by the Senate committee in charge of dealing with the issue that relates to the Bill. The Committee gives the Bill extensive consideration, and also holds hearings on the measure, and then votes to send it to the floor of the Senate for a vote. Senators may propose amendments to the Bill, which must be approved by a majority of the Senate. If the Bill is not controversial, then a Senator can make a “unanimous consent” request, which will speed up the approval process for the Bill. Once the Senate has debated the measure and votes on it, if approved, the Bill- both the original Bill approved by the House of Representatives, and the amendments added by the Senate, return to the House for a final vote on the entire Bill and all amendments. If the Bill is not controversial, the House will usually pass the measure, with the Senate’s amendments, and then it is given to the president for his/her approval.

If the Bill is controversial, or if the Senate has made amendments that many in the House disagree with, the Bill will go to a conference committee for further consideration and debate. A conference committee is made up of members of both parties and both Houses. In most cases, the conference committee will result in a compromise by the fact that one House will agree with the other to drop some of the controversial amendments, but not all. Once a compromise is reached, the Bill is voted out of the conference committee. If a compromise is not reached within 20 days, then a new conference committee is created, with other people in it. When a compromise is finally reached, the final Bill goes before both houses for a vote. If this final compromised Bill is passed, it then goes to the president for final consideration and passage.

When the president has possession of the Bill, he may sign it immediately, and it will become law. If the president does not sign it, but also does not veto it, within 10 days of his receipt of the Bill, the Bill automatically becomes a law. If the president vetoes the Bill, then it will return to both Houses for consideration again. This time, both Houses must approve the Bill with a two-thirds majority in order to override the veto. If this happens, then the Bill, even with the objections of the president, becomes law.

The process of creating a law in this country is very complicated. The measure must first be sent to one of the bodies of the Congress, and then it is first discussed in a committee. The committee may amend the bill, as may the subcommittee. When that bill is approved, it goes to the full house for a vote. If it is approved, it goes to the other House, where the committee there debates it, and sends it to the full House of their body of Congress for approval. If the first House refuses to support the Bill because of the amendments that the other house made, it goes to a conference committee for a compromised Bill. When the measure is compromised, then both Houses vote on it. If it is approved, it goes to the president for final approval. If the president signs it, it becomes law. If he does not sign it or veto it for 10 days, it also becomes law. If the president vetoes it, then the Bill returns to both Houses, which require a two-thirds majority for the Bill to become a law.

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