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| How Does A Bill Become a Law |
| Thursday, October 26, 2006 |
It is Goverment 101 to know how a bill becomes a law and I needed a refresher, so I looked it up and have dposited some info here and some links to resources you can use to learn more about how the legislature works and where you can get information about current and past legislation.
The Point of Origination:
Essentially, legislation begins as an idea which is converted into a written construct. Our government has established that only a member of congress can propose new legislation and the constitution establishes the making of laws as the primary function of Congress. The values, principles, committments, biases, and creativity of the congressional members in the Senate and the House of Representatives that results in the laws we live or die by. So, if you install a crooked congressman you get crooked laws - the laws look like the legislators.
Introduction of Legislation:
Depending on whether the legislation is introduced in the House of Representatives or the Senate there is process is intitiated in different manners. I have been unable to find link to material describing the origins of the introduction processes.
In the House of Represenatatives, the proposed legislation is hand delivered to the House Clerk or placed in the hopper (a box on House Clerk's desk where members deposit bills and resolutions to introduce them). If a bill originates in the House of Representatives that bill is assigned a number with the H.R. prefix (e.g, H.R.205.IH) and labeled with the sponsors name.
In the Senate, a Senator must be recognized by the presiding officer to announce the introduction of a bill during what is called the "morning hour," a 90 minute period on Mondays and Tuesdays in the House of Representatives that is reserved for five minute speeches by Senate members who have reserved time before their fellows. If any senator objects, the introduction of the bill is postponed until the next day. If a bill originates in the House of Representatives that bill is assigned a number with the S. prefix (e.g., S.195.IS) and labeled with the sponsors name (or in certain cases, the joint sponsors of the bill).
In both cases, at this point the bill is then forwarded to the Government Printing Office (GPO) and printed for distribution.
Committee Action:
Committee Action - More than one committee may refer a bill and the bill can be divided so different parts of are submitted to different committees. The Speaker of the House or the presiding officer in the Senate make the deterimination as to the correct committee for the bill. This is a judgement call and part of the powers of the particular offices, which is part of the reason that these positions are coveted as they can aler how a bill is reviewed and indeed place bills before groups that are for or against that bill. Bills are sheduled with the commeittees and the is a deadline for action. Failure to take action on a bill and vote it up or down essentially kills it unless there is a discharge petition signed by a House majority of 218 members.
The committe has performs a number of operation with the bill as it works it way through congresss. Govenerment agencies and experts are called in to review the merits of the bill, subcommittes may be assigned, and other machinations occur. Eventually, the committe must vote on the bill to determine whether or not it will advance.
While the bill is beig reviewed the text of the bill may be ammended or altered. If the changes to the Bill are determined significant enough or, if the majority voter see it to be advntageous, a decision can be made to introduce a "clean bill" under a new title and new number.
The Floor and the Vote:
If a bill survive the above processes it then moves to the floor for consideration and debate. The Senate and the House of Representatives have different rules for how this debate proceeds. When the debate has been concluded, there will be vote on the the bill. Both houses of congress must apporve the bill in the same form. This is part of the bi-cameral process.
The Executive Branch:
The bill is then forwarded to the president to determine if the bill will be interoduced into law. The President can introduce a bill into law throuhg action or inaciton. If the president fails to sign or veto a bill, then after ten days it becomes law by default, unless Congress adjourns. If congress adjourns before the ten days and the bill has not been signed then what is known as a "pocket veto" occurs. |
posted by Domesticated Dog @ 5:30 PM   |
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| 1 Comments: |
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For once, you are absolutely correct. The U.S. Constitution [Art 1 Sect 7] requires the President to sign or veto any legislation placed on his desk within ten days (not including Sundays). If he does not, then it becomes law by default. The one exception to this rule is if Congress adjourns before the ten days are up. In such a case, the bill does not become law; it is effectively, if not actually, vetoed. Ignoring legislation, or “putting a bill in one’s pocket” until Congress adjourns is thus called a pocket veto.
Congress passed the Military Commissions Act 2006 on September 29th, presented it to the President on October 10th, and adjourned on October 13th. Bush signed it on October 17th, the week after Congress had adjourned, thereby rendering it “vetoed” by constitutional standards. link
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For once, you are absolutely correct. The U.S. Constitution [Art 1 Sect 7] requires the President to sign or veto any legislation placed on his desk within ten days (not including Sundays). If he does not, then it becomes law by default. The one exception to this rule is if Congress adjourns before the ten days are up. In such a case, the bill does not become law; it is effectively, if not actually, vetoed. Ignoring legislation, or “putting a bill in one’s pocket” until Congress adjourns is thus called a pocket veto.
Congress passed the Military Commissions Act 2006 on September 29th, presented it to the President on October 10th, and adjourned on October 13th. Bush signed it on October 17th, the week after Congress had adjourned, thereby rendering it “vetoed” by constitutional standards. link