How a Bill Does Not Become a Law NationalJournalMembership Published September 24, 2014 National Journal Presentation Credits Producer: Tucker Doherty Director: Jessica Guzik 1

Source: National Journal Research; Valarie Heitshusen, “The Legislative Process on the Senate Floor: An Introduction,” Congressional Research Service, August 13, Bills Face Numerous Obstacles to Passage in Senate Analysis The Senate relies on unanimous consent to operate efficiently; therefore, individual Senators have the power to delay or prevent a bill’s passage by creating additional procedural hurdles, including filibusters. Bill is ignored by full committee Bill fails passage in subcommittee vote Bill fails passage in full committee vote Senate Majority Leader declines to place bill on the legislative calendar Bill is filibustered during debate on Senate floor “Poison pill” amendments sabotage final passage Bill fails final vote in full chamber Introduced to ChamberSent to Committee Sent to Subcommittee Sent Back to Committee Placed on Legislative Calendar Amended Debated on Senate FloorFull Senate Vote Sent to House Legislative Process and Obstacles in the Senate 2

Source: National Journal Research; “The Legislative Process,” U.S. House of Representatives. House Rules Allow Majority Party to Prevent Passage Analysis While the House provides individual Representatives with fewer opportunities to prevent a bill’s passage, Republican Speakers of the House follow the informal “Hastert Rule,” which prevents passage unless a majority of House Republicans support a bill As a result, some bills with bipartisan support in the Senate fail to advance to a final vote in the House Bill is ignored by full committee Bill fails passage in subcommittee vote Bill fails passage in full committee vote Speaker of the House declines to place bill on the legislative calendar “Poison pill” amendments sabotage final passage Bill sent back to committee by a motion to recommit Bill fails final vote in full chamber Introduced to ChamberSent to Committee Sent to Subcommittee Sent Back to Committee Placed on Legislative Calendar Debated on House Floor AmendedFull House Vote Sent to Senate Legislative Process and Obstacles in the House 3

Source: National Journal Research. Bills Continue to Face Hurdles After Passage Analysis Even if a bill manages to pass both chambers of Congress, the President can use vetoes, executive orders, or signing statements to prevent the bill from being enacted or enforced Opponents of the bill, including those outside of the legislative process, can prevent the law from being enacted by mounting a successful legal challenge President vetoes bill, Congress can override veto with a supermajority vote Passed by Both Chambers Signed by President Enacted If the law is challenged in court, a judge can rule to prevent enforcement with an injunction and may eventually strike down the law Executive orders or signing statements can prevent a law from being enforced as originally intended Process and Obstacles for Enacting and Enforcing Laws 4