U.S. Congress and Law

[verbatim]

Here is some information I put together after seeing how many people here and on other forums have started to take an interest in the legislative procedures of Congress. I noticed a lot of questions being asked and thought this may fill in some blanks. I hope it helps.



American Government
Congress

Under its Constitution, the United States is a Federal, representative, democratic republic at the local, State, and national levels. The people grant legislative powers to Congress - the U.S. House of Representatives and the Senate. Among the powers granted to the Congress are the authority to operate a Federal Government and the authority to make Federal laws.

Federal because power is shared among the local, State, and national levels of Government
Representative because delegates are elected by the people by free and secret ballot
Democratic because the people govern themselves
Republican because the U.S. Government derives its power from the will of the people.


Article I of the U.S. Constitution states that the Congress will consist of two separate houses, that is, Congress will be a bicameral legislature. These two houses that make up the U.S. Congress are the House of Representatives and the Senate.


The purpose of Congress is to be the primary lawmaking body in the national Government. When problems or issues arise, Members of Congress propose solutions by introducing bills or resolutions. After studying and discussing these legislative proposals, Members vote to adopt or to reject them. Members of Congress also review the work of executive agencies to determine if they are following Government policy. Based on what Congress discovers when it carries out this oversight function, new legislation may be introduced.

Bills accepted by both Houses of the Congress and by the President become law. When the President vetoes, or rejects, a bill and returns it to Congress, Congress reviews the reasons for the rejection but may still act to pass the bill. The U.S. Constitution gives Congress the power to override the President's veto with a two-thirds majority vote of both the House and the Senate.

All Senators and Representatives are Congressman. The House of Representatives is based on state population and district. Congressional terms of office normally begin on January 3 of the year following a general election and run two years for representatives and six years for senators. A representative chosen in a special election to fill a vacancy is sworn in for the remainder of his or her predecessor's term. An individual appointed to fill a Senate vacancy usually serves until the next general election or until the end of the predecessor's term, as state law may provide. Some states, however, require their governors to call a special election to fill a Senate vacancy shortly after an appointment has been made.

 

[verbatim]

How a Bill Becomes Law

Introduction of a Bill (The 1st Draft)

There are four basic types of legislation: bills; joint resolutions; concurrent resolutions; and simple resolutions. An idea for a bill may come from anybody, however only Members of Congress can introduce a bill. Bills can be introduced at any time the House is in session. A Representative or Senator who introduces a bill becomes that bill's sponsor. A bill may also have cosponsors. A bill's type must be determined. A private bill affects a specific person or organization rather than the population at large. A public bill is one that affects the general public.

Propose a Bill

In the House, a proposed bill is introduced by placing it in a special box known as the "hopper," which is located at the rostrum, or speaker's platform. In the Senate, a proposed bill is introduced by placing it on the Presiding Officer's desk or by formally introducing it on the Senate Floor. In the House, the Clerk will assign the bill a number. House bills begin with the letters "H.R.," "H.Res.," "H.Con.Res.," or "H.J.Res." Senate bills begin with an "S." The first reading of a proposed bill is complete when the bill is referred to a committee for study. The Thomas Web site by the Library of Congress receives an electronic copy of the bill. The bill and its status are posted online for everyone to read.

Committee Actions

There are 19 House standing committees and 16 Senate committees.
Once the bill is sent to a committee, it is placed on their calendar. Often the committee's first action on a bill is to send the bill to a subcommittee for study. A committee may simply stop action or "table" a bill, when a committee decides the bill is unwise or unnecessary.
A committee will meet to markup the proposed bill and may or may not make changes to it. Committee members vote to accept or reject the changes. The Thomas Web site by the Library of Congress posts the status of the bill and receives updates for the latest major action on the bill taken by the Committee. The text of the bill may change throughout the legislative process. Each version of a bill is posted on the Thomas Web site, under "Text of Legislation."

Order a Bill Reported

The committee votes on the bill after it is debated and/or amended. If a bill includes extensive amendments, the committee may decide to introduce a "clean bill" with a new number. When a bill is ordered reported, a committee report is written explaining the provisions of the bill. The reported bill is ordered placed on one of five House business calendars, the Union and the House Calendar being the most commonly used. A bill can come to the House floor for consideration in a variety of ways. Many House bills are debated through a parliamentary device known as the Committee of the Whole . The bill is then sent to the House floor for consideration. The Thomas Web site by the Library of Congress receives updates for the status of the bill while in Committee and posts the latest major action.

OR

Subcommittee Actions

Once the bill is sent to a subcommittee, it is placed on their calendar for study. Subcommittees hold hearings, giving experts, supporters, and opponents a chance to voice their views. A bill is tabled when a subcommittee decides the bill is unwise or unnecessary. If changes are needed, a subcommittee will meet to markup the bill. Subcommittee members vote to accept or reject the changes. The Thomas Web site by the Library of Congress receives updates for the status of the bill while in Subcommittee and posts the latest major action.

Consider the Bill

Floor action begins. Members debate the bill most often in the Committee of the Whole, which is a mechanism that permits expedited consideration. The conduct of debate is dictated by the Rules of the House generally, and may also be governed by a special rule granted specifically for the bill under consideration. Following debate, the second reading of the bill begins in a section-by-section manner, during which amendments may be offered. At the conclusion of all amendment debate, the bill is put to a vote in the House and is read a third time. Current Floor Proceedings including major actions on bills are posted for public view by the Clerk of the House. The Thomas Web site by the Library of Congress receives an electronic copy of the debate as it appears in the Congressional Record, prepared by the Clerk of the House. The latest major action on a bill is posted on the Thomas Web site.

Vote on the Bill

The bill is read by title only and put to a vote. Members in attendance will vote to pass or not to pass the bill. Most voting in the House chamber is done electronically by Members recording their votes through the Electronic Voting System. Roll Call votes cast by the U.S. House of Representatives are recorded in the House Journal, the Congressional Record, and posted on the Web site of the Clerk of the House. Members of the Senate cast their votes by non-electronic means. Members may vote "Yea" for approval, "Nay" for disapproval, or "Present."
The Thomas Web site logs the Roll Number for a vote under "Bill Status."

Referral to Second Chamber

The bill may be sent to a committee for study or markup. Members may choose to ignore the bill and continue to work on their own legislation. Debate in the Senate is not limited where cloture requires 60 votes. An ongoing Senate debate is known as a filibuster and is used to hold the floor and defeat a bill. Members may vote to pass or not to pass the bill. If the bill passes with different language, it must be sent to a conference committee. Differences must be agreed upon before the bill is sent to the President for signature. At this point the bill is "enrolled." The Thomas Web site logs the latest major action on the bill under "Bill Status."

Final Action

The President may sign the bill into law or veto its passage. If the president takes no action for ten days and Congress is in session, the bill becomes law. A pocket veto occurs when the president takes no action and Congress has adjourned its session. In this case, the bill dies. The Thomas Web site indicates when a bill is sent to the President and whether it becomes law.

A law is created

The bill becomes a law. The Thomas Web site indicates legislation passed into law under "Public Laws By Law Number."

OR

Veto

The bill returns to the House of origin. Objections are read and debated. If the House wishes to override the veto, a vote is taken.
If the House chooses not to vote, the bill is stalled. A two-thirds vote or greater is needed in both Houses to override the President's veto. A tally of Presidential Vetoes is on the Clerk's Web site under Historical Highlights.

 

[Bartholomew Roberts]

If you are interested in a more detailed discussion of Congressional procedure see:

http://thomas.loc.gov/home/lawsmade.toc.html