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Published byCleopatra Washington Modified over 9 years ago
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How a Bill Becomes a Law! The Legislative Process (very similar @ the state level)
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YUP! We are definitely going to watch that one “Schoolhouse Rock” video!
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Where do ideas for Bills actually come from? * VERY Rarely do these guys and gals actually have a GOOD idea… * …only a member of Congress can introduce a bill for consideration (anyone can write the bill itself)
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Where do ideas for Bills actually come from? * “Executive Proposals” EXAMPLES: “ObamaCare” and the “New Deal”
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Where do ideas for Bills actually come from? * “Congressional Leadership” or Higher-ups in Congress! EXAMPLE: Diane Feinstein and Assault Weapons Ban
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Where do ideas for Bills actually come from? * Lobbyists and Lobby Groups !
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Where do ideas for Bills actually come from? * The people and their wants/needs… EXAMPLE: Ban on assault weapons and fracking
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Where do ideas for Bills actually come from? * Political trends/waves throughout the States! EXAMPLES?
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Step 1: Legislation is Introduced * A Bill can start in either house of Congress (but, which type of bill MUST originate in the House?) * Most bills begin in the House of Reps! (6,722 in the House and 3,715 in the Senate – 112 th Congress) Article I, Sec. 7, Clause 1: “All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.”
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Step 1: Legislation is Introduced * Introduction in the HOUSE: Legislation is handed to the Clerk of the House or placed in the “hopper” (LEGALLY BLONDE?) * Introduction in the SENATE: Members must gain recognition from the presiding officer to announce the introduction of a bill VERBALLY
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Step 1: Legislation is Introduced 1.) The bill is assigned a number (H.R. 1 or S. 2) 2.) The bill is labeled with the sponsor's name 3.) The bill is sent to the Government Printing Office (GPO) and copies are made * Three things must happen after the Bill is introduced: * 112 th Congress: Example Legislation H.R. 3: “No Taxpayer Funding for Abortion Act” H.R. 1116 and S. 598: “Respect for Marriage Act” H.R. 3261: “Stop Online Piracy Act”
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Step 1: Legislation is Introduced 4.) Joint Resolution – H. J. Res. and S. J. Res. are enacted to propose amendments, authorize POTUS use of troops, annex territory, etc. (LAW) * 4 Different Types of Legislation: 1.) Bill – H.R. and S. (LAW) 2.) Simple Resolution – H. Res. and S. Res. are enacted to create special/select committee (NOT law) 3.) Concurrent Resolution – H. Con. Res. and S. Con. Res. are enacted to recess or adjourn session of Congress (NOT law)
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Step 2: Bill is Assigned to a Committee or NOT! (1 st method of “killing” a bill) * Committee Assignment in the HOUSE: bills are referred by the Speaker of the House, on the advice of the Parliamentarian, to all committees that have jurisdiction over the provisions in the bill! (bills can be assigned to multiple committees) * Committee Assignment in the Senate: bills are referred by the Presiding Officer of the Senate, on the advice of the Parliamentarian, to only the committee that has jurisdiction over the provisions in the bill! * Proposed legislation dealing with FARMING would be sent to the House/Senate Agriculture Committees *
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Step 2: Committee Consideration * We will talk more in depth on COMMITTEES at a later date, for now… * Once a Bill is reported favorably out of committee, it is placed on a calendar in either the House or the Senate…
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Step 3: Bill is Placed on Legis. Calendar * Legislative Calendars in the HOUSE: * Legislative Calendars in the SENATE: 1.) UNION – Public bills and resolutions; appropriations bills and bills raising revenue. 2.) HOUSE – Public bills and resolutions that are not placed on the Union Calendar; DO NOT address money! 3.) PRIVATE – All private bills; bills that apply to certain organizations or people. 4.) CORRECTIONS – bills that change laws, rules or regulations. 1.) LEGISLATIVE – All bills introduced in the Senate! 2.) EXECUTIVE – Foreign treaties and Presidential nominations.
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Step 4a: Floor Action in the House * In the House, MOST bills go to the Rules Committee before reaching the House floor (committee adopts rules that will govern the procedures under which the bill will be considered by the House) * “Suspension of the Rules” is a Parliamentary procedure used to quickly pass non-controversial bills in the House of Reps. (MOST legislation in the House is considered through this procedure) * In order for a bill to be called to the House floor – the Speaker of the House calls for a “rule” from the respective Committee Chair- person (Rules Committee – reports “rules” on a specific bill to the House – the House has to vote on those “rules” before they can even get to the actual legislation!) * House dissolves into the Committee of the Whole – to AMEND! (Committee rises back to the regular House and orders “the previous question” – FINALLY calls for a vote of the legislation!) – Simple majority is necessary to pass!
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Step 4a: Floor Action in the House
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Step 4b: Floor Action in the Senate * In the Senate, bills DO NOT have to go to any Rules Committee before reaching the Senate floor! * The Majority Leader would request unanimous consent to lay the bill before the Senate (where the Bill is debated and amendments are submitted or proposed) * Debate in the Senate is unlimited (discussion and debate does NOT have to be GERMANE) with the Presiding Officer controlling debate on the floor! * * A vote can be called by any given Senator – and is done by VOICE in the Senate – Simple majority is necessary to pass!
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Step 5a: Legis. is sent to the POTUS …ONLY if the legislation passed in BOTH chambers is identical! * If not, then the legislation is sent to a CONFERENCE COMMITTEE * Members from each house form a Conference Committee and meet to work out the differences (committee is made up of senior members who are appointed by the presiding officers of the committee that originally dealt with the bill) * If the Conference Committee reaches a compromise, it prepares a written conference report, which is then submitted to each chamber (the conference report must be approved by both the House and the Senate – just like a Bill)
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Step 5b: Legis. is sent to the POTUS …ONLY if the legislation passed in BOTH chambers is identical! * 1 of 4 things may happen when the Bill is on the President’s desk: 1.) President signs the Bill and the Bill becomes a Law! (sent to the U.S. Archivist – U.S. Code) 2.) and 3.) President ignores the Bill… and within 10 days: A.) Bill becomes law… if Congress is still in session! B.) Bill dies… if Congress is NOT in session (Pocket Veto) – an absolute veto that cannot be overridden. 4.) President vetoes the Bill! (the Bill goes back to Congress)
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“The vast majority of bills are essentially dead upon arrival. In any given two-year session of Congress, ten-thousand or more bills are introduced. But only about 4% of them become law… Of the 11,056 bills that were introduced, 9,904, were referred to a committee by default, never saw any action, and died there (110 th Congress).” So, basically, our lawmaking process is exciting – said no one ever. Ever.
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