The Legislative Process The Steps for How a Bill Becomes a Law.

The Legislative Process

The Steps for How a Bill Becomes a Law

Bills

Types of BillsWhere do bills originate?

Types of Bills and Resolutions

•Private Bills – deal with individual people or places. –Often involve people’s claims against the government.

•Public Bills – deal with general matters and apply to the entire nation. –Receive media coverage

Types of Resolutions• Simple Resolution – covers matters effecting

only one house of Congress. – Used to establish internal rules and procedures.

• Joint Resolutions – deal with temporary or unusual matters, used to propose Constitutional amendments, authorize the use of force in a foreign country, etc. – May require Presidents signature, except in the

case of a proposed amendment.

• Concurrent Resolution – deal with concerns of both houses, does not require Pres. Signature. – Used for establishing rules, giving opinions, etc.

Other terms used to describe bills

• Rider – an attachment (amendment) to a bill that is not related to the subject matter of the bill. (Senate only)

• Christmas Tree Bill – a bill with many “riders” or “ornaments”

• Statute or Act – a bill that has already become a law

Where ideas for bills originate?

• Representatives or Senators– Campaign promises– What their political parties want

• Executive Branch– State of the Union address– Independent agencies of the executive branch

(bureaucracy)– President’s cabinet

• Citizens– phone calls– letters– public opinion polls

• Special Interest groups– Labor unions– Companies/Corporations– Lobbyists

Bills in the House and Senate

PHASE 1

Bills in the House & Senate

•A bill must pass both houses to become law. Constitution requires bills to be identical!

•Revenue bills must begin in the House.

Follow A Bill Introduced in the House

• Only Members of the House or the Senate can only “introduce” bills. Individuals cannot introduce bills.

• If a bill is introduced in the House it receives a house bill number.– Ex: HR 545– Ex: S 396

Introduced in the House of Representatives


• After its introduction, it is assigned to the appropriate committee


Referred to a Standing Committee

To Subcommittee

• And then to a subcommittee


• Subcommittee



To Subcommittee

Review

Hearings

Markup

– amends the bill (holds a “markup” session)

– holds public hearings

– reviews the bill


• If the subcommittee disapproves of the bill it can “pigeonhole” the bill which means to put the bill away and never consider it again.



To Subcommittee

Review

Hearings

Markup

Pigeonhole(Bill dies)


• If the subcommittee approves of the bill it recommends the bill to the full standing committee.



To Subcommittee

Review

Hearings

Markup



• The full Standing Committee then decides whether or not to “report the bill favorably.”



To Subcommittee

Review

Hearings

Markup

Pigeonhole(Bill dies)Rules Committee

Report Favorably

• In the House, the bill must next go to the Rules Committee.

• The Rules Committee sets the rules for debate on the House floor.– It is necessary because of the size of the House (435 members)


• The Rules Committee will then either pigeonhole the bill or;



To Subcommittee

Review

Hearings

Markup


Report Favorably

House Floor

• Send the Bill to the House floor


• If the Bill Passes with a majority vote, it is sent to the Senate



To Subcommittee

Review

Hearings

Markup


Report Favorably

House Floor

Follow the bill to the Senate

Senate

• The Senate has the same options as the House, except there is not a Rules committee in the Senate.


To Subcommittee

Review

Hearings

Markup


Report Favorably

Senate Floor

Special rules for the senate floor

• The Senate practices “unlimited debate”– They can talk about a bill as long as they like

• In order to delay a bill Senators sometimes will initiate a filibuster where they “talk a bill to death.”– Continue to talk until the bill is dropped, they get

too tired to continue or the Senate votes to stop the filibuster.

• Invoking cloture rule end a filibuster and requires a 3/5 vote or 60/100 Senators.

• longest individual speech goes to South Carolina's J. Strom Thurmond who filibustered for 24 hours and 18 minutes against the Civil Rights Act of 1957



To Subcommittee

Review

Hearings

Markup


Rules Committee

Report Favorably

House Floor

Senate


To Subcommittee

Report Favorably

Senate Floor(Policy of Unlimited

Debate)

Review: Bills in the House and Senate

• If bill is identical from both houses it goes directly to the President.

• If bills are different then they must go to a conference committee

The conference committee

Phase 2

The Conference Committee

• If the same bill was passed by both houses, it goes directly to the President.

• However, if the bills are different the bill is sent to a Conference Committee.

Identical

President

Different

Conference Committee

The Conference Committee

• The conference committee is made up of members from the House and the Senate (usually from the appropriate committees)

• It’s sole purpose is to fix the differences in the bill.• If the conference committee passes the bill, it must be sent

back to the floor of the House and the Senate for another vote.

Identical

President

Different


SenateHouse

• If both houses then pass the bill, it will be sent to the President.

The President’s options

President

Different


SenateHouse

Phase 3

The President’s optionsPresident

• The President Has Four Options with a bill

1.) Veto the Bill – reject the bill and send it back to the house where it originated

(either House or Senate)

Veto

To House or

Senate



2.) Sign the Bill – approve the bill and it becomes law

Veto

To House or

Senate

Sign

Bill Becomes

Law



3.) 10 day rule – leave the bill alone and it automatically becomes law.

Veto

To House or

Senate

Sign

Bill Becomes

Law

10 day rule

Bill Becomes

Law



4.) Pocket Veto – Leave the bill alone and if Congress adjourns within 10 days, the bill automatically dies.

Veto

To House or

Senate

Sign

Bill Becomes

Law

10 day rule

Bill Becomes

Law

Pocket Veto

Bill Dies

The President’s options

Veto

President

To House or

Senate

Sign

Bill Becomes

Law

10 day rule

Bill Becomes

Law

Pocket Veto

Bill Dies

Congressional veto override

Veto

Phase 4

Congressional veto overrideVeto

• If the President vetoes a bill, it goes first to the house where it started.

• Both houses must then pass the bill with a 2/3rds vote in order for the bill to become law

• If there are not enough votes the bill dies.

SenateHouse

2/3 vote in both houses Not enough votes

Bill Becomes

Law

Bill Dies

Legislative Behavior

Voting

• Voice vote – “aye” or “no”.• The division – stand and be counted• Recorded vote – electronic, stations

throughout the floor, allowed 15 minutes to cast vote

What influences the way members of Congress vote and the bills they introduce?

– Interest groups– Personal interests– Political considerations

• Party• President – “Bully Pulpit” (TR) appeal directly to

the public

– Constituents• Letters, phone calls, etc.• “Pork barrel Legislation” - Legislation loaded

with special projects for Members to give to their constituents as a gift (Your tax $ at work!)

– Colleagues• Caucuses• “Logrolling” – When members trade votes

– Informal agreement to vote for each other's priorities

Reviewing Types of Committees

Committees

• Chairs: chosen by majority party based on seniority

• Seniority: who has been in Congress the longest

• Four types of committees:– Standing committee and sub-committees:

handles bills, subject matter specific

Committees• Chairs: chosen by majority party based on

seniority• Seniority: who has been in Congress the

longest• Four types of committees:

– Standing committee and sub-committees: handles bills, subject matter specific

– Conference committee – Both Houses, For the legislative process – reconcile differences in bills

– Joint committees – Both Houses, studies/researches issues and specific problems

• Ex: Taxation– Select committees – One House,

studies/researches issues and specific problems• Ex: Watergate, Current Examples: Intelligence

The Legislative Process The Steps for How a Bill Becomes a Law.

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