How Does a Bill Become a Law?
The topic was covered in an iconic 1970s Schoolhouse Rock cartoon (“I’m just a bill, yes I’m only a bill, and I’m sitting here on Capitol Hill …”), but many Americans don’t know how the nation’s laws are actually made.
With a controversial reform of the United States healthcare system making its way through Congress and landmark measures being considered for immigration reform and other hot-button political issues, it is more important now than ever for informed citizens to fully understand the law-making process.
Bill Introduced, Hearings Held
The process for making federal laws is spelled out in the U.S. Constitution, Article 1, Section 7. Proposed new laws may be introduced in the form of documents called bills by members of the U.S. House of Representatives or the U.S. Senate, or the President and members of his administration may suggest new bills.
Once a bill is introduced and sponsored by a member of Congress, it is assigned to a Congressional committee, where legislators assigned to handling the topic addressed in the bill conduct hearings to debate its merits. At the conclusion of the committee hearings, a vote is taken among the members. A bill can either be voted down (also called “die in committee”) or pass the committee vote and move onto consideration by the full House or Senate.
In the entire House or Senate, the same bill is again debated and amendments or changes may be proposed. A series of votes on the proposed new law are taken and if approved, the measure is sent to the other house of Congress which has yet to consider the bill. More hearings are held and more amendments may be made, or the measure may be delayed, or “tabled,” for consideration at a later date.
Filibuster and Other Political Maneuvering
In some cases, Representatives or Senators who oppose the proposed law may attempt to stall its progress through “filibuster,” a tactic which involves one or more like-minded members speaking on the floor of the House or Senate for a long period of time (sometimes days) to delay a vote to approve the measure from being taken.
After all amendments to the bill have been offered and voted upon and all Senators who wish to speak about the bill have had a chance to do so, the bill is put forth for a vote in the full House or Senate.
Reconciling Bills From House, Senate
If approved at this late stage, the two bills created by the House and the Senate must be reconciled to create one version of the proposed law to be adopted. Members of the House and the Senate work to craft a draft that is acceptable to both Congressional bodies, which can mean much backroom deal-making, squabbling, compromising, and other political tactics in order to come to an agreement.
Legislators may agree on the entire bill, only parts of it, or reject it entirely. Bills that cannot be reconciled are sent back to committees for further debate in an effort to agree on a single version. If a version of the reconciled bill is reached by the House and the Senate, it is sent to the President for his signature, which if granted, makes the bill a law.
Presidential Signature or Veto
Once the bill is delivered to the President, he has 10 days in which to sign it making it law immediately, or he can veto it. The President may also employ a tactic called a “Pocket Veto,” in which he effectively kills a bill by letting it go unsigned for 10 days, during which time Congress adjourns for an extended time.
If the President vetoes a bill, he indicates the reasons for his rejecting the proposed law and returns it to Congress, which may vote to override the Presidential veto if a two-thirds vote can be gathered. If not, the vetoed bill dies and any later efforts to pass the same law must begin the entire process anew.
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Question on the Reconciliation. You don’t say if the full House and Senate have to revote on the combined bill after Reconciliation. Do they have to vote again or is it up to the Majority to rubber stamp the combined bill and send to the President?
Great question Chuck. A majority Senate vote is needed to adopt a bill that has been reconciled with a version from the House. Also, the reconciliation process is only allowed for legislation that costs or raises substantial amounts of money (Byrd Rule).