How a Bill Becomes a Law

Image from Robert Lunatto: Law Making Process, 2016

Introduction
Congress is known as the legislative branch of the United States government and is made up of the House of Representatives and the Senate. There are 435 members of the House and 100 members of the US Senate, giving us a total of 535 members of Congress. The primary function of Congress is to create new laws or modify existing ones. Congress also has additional responsibilities and authority such as to collect taxes and pay debts, but their primary responsibility is to make laws.

In recent times, the Republican party has controlled the House of Representatives, the US Senate and the White House, allowing that party to wield a lot of political authority. In the most recent midterm election the Democratic party won the House and will begin as the a majority in the new year. Meanwhile, the opposing party will still control the US Senate and the White House. Getting familiar with these power dynamics is helpful when trying to understand the process of creating new laws in the US.    

The most important job of Congress is that of creating new laws. As we have stated in previous articles, it is important for citizens in a democracy to know their rights and understand the political process. In this case, it is important that citizens understand the process of how laws are made. An informed citizenry is tantamount to a successful democracy and its survival. When citizens understand the role their representatives play in creating new laws they can also understand the importance of voting in local, midterm and presidential elections.

The Origins of a Bill
A law starts with a simple or complex idea, which can come from an average American citizen or a representative. Citizens who have ideas for laws can contact their Representative to discuss the validity of their ideas. If the Representative thinks the idea has merit they move forward by doing research and then writing the ideas into a bill. Once the Representative has written the bill, the bill needs to have a sponsor. At this point the bill it is shopped around to other Representatives, to gain support.

Introducing a Bill
When the bill has a sponsor and enough support it is ready to be introduced to The House. At this point, the bill is placed (Only by Representatives) in what is known as the hopper. The hopper is a box on the side of the clerk’s desk that is designated for the introduction of new bills. The clerk assigns the bill a number beginning with the designation “HR” and is then read allowed by the reading clerk to all of the representatives.

Sending the Bill to Committee
After a bill is introduced, the Speaker of the House sends it to one of the standing committees in the House. The standing committees are made up of experts on a variety of topics such as foreign affairs, agriculture, ethics, armed services and education. Once the committee receives the bill they begin a process of reviewing, researching and revising the bill. From this process, the committee decides whether they will vote on the bill or send it back to the House floor. Often the bill is sent to subcommittee so that the bill can be looked at more closely by experts before being sent back for committee approval.

The Debating of a Bill
Once the committee has approved a bill it is then reported (Or sent) to the House floor to be debated by the House of Representatives. During the process of debating, Representatives discuss why they are for or against the bill. After which a reading clerk reads each section of the bill while the Representatives recommend changes. When all of the changes have been made the bill is at a point where Representatives are permitted to vote on it. If a majority of the 435 members of the House approves of the bill it passes in the House of Representatives and moves on to be voted on by the US Senate.

The Bill Moves from the House to the Senate
The process is very similar in Senate as it is in the House. The bill is examined, researched and revised by a Senate committee and ultimately reported to the Senate floor to be voted on by a voice vote of “yea” or “nay.”

What Happens When a Bill Reaches the President?
If a majority of the Senators approve of the bill by a vote of “yea” it moves on to the President. Once the president receives the bill on his desk he has three options. He can sign the bill (In which case the bill becomes a law), refuse to sign the bill, or veto it, sending it back to the House with written reasons for the veto. If members of the House and the Senate still support the bill and believe it should be a law they can hold another vote to override the President’s veto. The veto is overridden if two-thirds of the House of Representatives and the Senators vote in favor of the bill, at which case the bill becomes law. If the President does nothing, the Constitution gives him 10 days to respond when Congress is in session. If he has not signed the bill in ten days, it becomes law without his signature. This process is known as a pocket veto.

In summary, a bill becomes law if both the House and Senate vote has been approved by the president, by a pocket veto or the presidential veto has been overridden. In these scenarios a bill can become a law.


Your Thoughts

The articles in Democracy and Me are designed to provide social studies resources and information for teachers and the general public. One of the things we would like to see is that the space be more of an interactive space where users can engage in a dialogue, in the true spirit of democracy. Along these lines, we would like to propose some questions in response to the article. Please respond to one or all of the questions in the comment section below or feel free to give a response or reaction to the article in general.

  1. Do you think the process for creating news laws is overly complicated? Why or why not?
  2. Do you think the average American citizen understands this process? Why or why not?
  3. Is it incredibly important that the average citizen understand this process? Why or why not?
  4. In what ways might a two party system hurt or harm the process of law making in the House and Senate?

References/Resources
How Laws Are Made and How to Research Them
https://www.usa.gov/how-laws-are-made

How Laws Are Made
https://kids-clerk.house.gov/grade-school/lesson.html?intID=17

How a Bill Becomes a Law
http://www.scholastic.com/browse/article.jsp?id=4702

How a Bill Becomes a Law
https://lowenthal.house.gov/legislation/bill-to-law.htm

Pocket Veto
https://www.senate.gov/reference/glossary_term/pocket_veto.htm

The Federal Power to Tax
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/taxingpower.html

Lesson Plans
How A Bill Becomes a Law Lesson Plan
https://www.usa.gov/bill-law-lesson-plan

Kids in the House: A Bill Becomes Law
https://kids-clerk.house.gov/lesson-plans/lesson-legis-3.pdf

Lesson Plans: The Legislative Process
https://www.archives.gov/legislative/resources/education/process

How Does a Bill Become a Law
https://www.education.com/lesson-plan/how-does-a-bill-become-a-law/

How a Bill Becomes a Law: Brainpop
https://educators.brainpop.com/bp-topic/how-a-bill-becomes-a-law/

 

11 Comments

  1. When it comes to creating laws, I do believe it is a little lengthy of a process that the single law has to go through. Although, I feel as if the law does need to go through all the steps to be sure if it right or not to actually make the bill an official law or not. I do not believe that the average citizen will be able to comprehend all of the steps and lengthy process it does take to make a bill a law. Many citizens that are fighting for a bill to become a law want this process to happen over night. As well as they make think that it is a process that can happen overnight, which is incredibly false. I believe that all citizens should be educated and understand all the steps that there are when it comes to introducing a new law. Thus, so they can see that this is not just an easy thing for Congress and everyone to agree on. The two party system as well can really hurt a bill turning into a law, because they are known to be more opposite than similar. Being, that they both have a different way of seeing how a law should or should not be. This becomes more of a problem when it comes to debating on the bill because if the senate can all agree on the bill, then it has to be passed down to the House of Representatives to see if they agree as well. This being the more difficult part and to where the bill becoming a law can go to bad and never happen.

  2. Sydney. I agree with you that it is a lengthy process. But laws are important and they affect us all. So the process should be rigorous and lengthy, because bad policy can have detrimental affects on the entire country or state.

  3. I think it is too long of a process making a bill become a law. There are so many steps and I understand that they are very important steps, but I feel like there could be an easier process for it.

  4. No I do not think the process of creating new laws is overly complicated simply because, new laws affect the people living in that state, or the whole country so it does not need to be taken lightly. And I do not believe the average American understands this process because it is not something that just comes up in regular conversation and myself personally, have not reviewed how a bill becomes a law since freshman year of high school. Basically, most people do not often think about how laws are passed and/or created.

  5. I believe that the process for making a law is a lengthy process. However, I think it is necessary. If it was shorter, and fewer people had to approve it, it would make it easier for corrupt people to pass laws that do not fully represent what the American people want. I believe that most people do not fully understand this process but they should because the law impacts everybody, not just criminals, lawyers, and judges.

  6. I personally do not think the process of creating new laws is to long of a process. I think that when a new law is being created it should have to go through a lengthy process because they are important and will affect everyone around. I also think that that it is okay for the American people to not understand what a law had to go through before it is approved because that is not something that usually comes up in conversation.

  7. I think that the process of a bill becoming a law is a very lengthy process and sometimes can take longer than it should. But at the same time I think if a bill is going to become a law it should be looked over thoroughly and talked about because laws are important. Personally I do not think that the average person could sit and tell you every step on how a bill becomes a law. I think they might be able to give the basics of it, but not go into important detail. I think it is important that the regular citizen can give the basics of how a bill becomes a law, but I am not sure if it is easy for them to explain it. The two party system can make it hard for a bill to become a law because the two parties do not agree on most subject matters. If the two parties do not agree on the bill, there is a possibility that the bill will not get passed and become a law.

  8. To be completely honest, I don’t think the average American understands the process on how a bill becomes a law. I had no idea what any of this meant before reading this article. I definitely think this is something that every American should be educated on, it’s super important to know things like this, and I just learned about it. It does seem to be a very long process, and for that reason, I feel like people wouldn’t want to take the time to learn about it.

  9. The process for creating laws is a long process but it is very needed. The more time spent on an idea means the more thought that has been put into the process. I do not believe the average citizen knows how long the process takes because when I was learning about it in highschool many people were shocked by this. The average person should know the process because it decides how our country determines if something is right or wrong. A two party system could hurt the process because there are multiple opinions for each of the factors.

  10. I believe that the process for creating new laws is overly complicated, but also highlights very important jobs. In my personal opinion, it helps that each governmental coordinator has a say in what should be passed and how the law should be amended. However, if the bill comes to a split decision, the process of passing or renegotiating a bill could take years, which leaves me with the opinion that yes the process is overly dramatic.

    Whenever I was reading your article, I had a general understanding of how a bill/law is passed. However, I did not fully understand that a law could start out as something simple, but can be amended and shredded into something completely different from what it started out as. So I do not believe that all citizens have a strong understanding of the process actually works.

    I agree that it is incredibly important to understand how this process works because it would help society understand that laws and bills have been amended and corrected in ordnance with new laws and cultural views. Laws are not just simply passed to hurt or harm us.

  11. Although there are many hoops to jump through to create a law, I feel that it is important to be sure about the law before creating a bad policy. Therefore the process should be lengthy. I feel for the average citizen we do not fully understand this process because of our lack of expertise and experience and well as knowledge in law making. As a society, everyone, including myself, should learn more about this process to better understand why laws are passed. If we understand the process we won’t be so eager to judge law makers for making a mistake. A two party system can hurt the law making process because the two are so different and therefore may cause more of a debate than a decision.

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