Understanding the Process by Which a Bill Becomes Law

During the 2008 Presidential campaign, frequent mention has been made that one candidate avoided voting on issues, and therefore bills, which were placed before him to vote on as a member of the U.S. Senate. Since bills represent change in the law, not Constitutional changes, it is important to understand the process by which a bill is ratified, in order to understand the underlying issue. What is involved, and how is a bill passed in the United States?

Whether suggested by the President, congressional committees, Senators, Congressmen, lobbyists, or special groups (and, occasionally, oddly enough, by citizens), bills are introduced either by Senators in the Senate, or Congressmen in the House of Representatives. If the bill introduced is a revenue bill, it can be introduced only in the House of Representatives, since this body was originally established as the Chamber more directly responsible to the American people.

Following its introduction, a draft of the bill, in the correct legal form, is prepared. The bill is assigned a number, printed, and referred to a particular committee for review. During the review, the committee involved can amend, revise, or rewrite the proposed bill. The committee also has the authority to report or table the proposed legislation. If the bill is reported favorably, it is placed on the appropriate Calendar of the Chamber, either the House or the Senate, initiating the legislation, for open Congressional or Senatorial discussion at a future date. Bills involving emergency legislation are pushed ahead of other proposed bills. If a proposed bill is tabled, it will be ignored unless reintroduced.

Should the proposed legislation survive the reporting phase, and reach the floor of the House or the Senate, all members of the appropriate initiating Chamber then receive copies of it, in order to debate its merits, both pro and con. Prior to the Chamber, either the House or the Senate, casting its vote on the bill, the bill can once again be amended or returned to the committee for further review. When the bill is finally voted upon, a two-thirds majority of Senators or Congressmen must vote in favor of the bill, in order for the bill to pass. To confirm the decision of the Chamber, a second vote on the bill is taken shortly after the initial vote.

If passed, the bill is forwarded to the next Chamber (if the bill begins in the House of Representatives, it is then passed to the Senate, if it is started in the Senate, the bill then goes to the House), which has the title of the proposed legislation read to its Assembly. The Vice-President then assigns the bill to the appropriate committee for study.

The second committee can also amend the proposed legislation. Any amendments in the second Chamber, either by committee or general debate, return the bill to the original Chamber for approval. If the changes are not approved by the original Chamber, a conference committee, composed of members from both Chambers, is appointed. Their joint decision returns the amended bill to both the Senate and the House of Representatives for approval.

If no changes to the bill have occurred after presentation to the second committee, the bill is filed and placed on the Calendar of the second Chamber, to be discussed at a future date. Unless amended, after debate, the bill is voted on. If the majority of members of the second Chamber approve the bill, it is passed and a second vote is taken. If the bill has passed in the second Chamber, it is then sent to the Vice-President for his signature. The leader of the Chamber which initiated the bill, either the Speaker of the House or the Senate Majority Leader, also signs the bill. The bill is then forwarded to the President for his signature.

If the President signs the bill, or holds it for ten days, without either signing or vetoing it, the bill becomes law. The President has the option to veto the bill and to return the bill to Congress, should he choose, accompanied with an explanation of his objections to the proposed bill. Should this occur, the revised bill must again be voted on by both Chambers, and pass by a two-thirds majority vote. Very few laws, which have been vetoed by the President, have become law.

Sometimes Congress will forward a bill to the President less than ten days before Congress adjourns. If the President does not sign the bill prior to the time at which Congress adjourns, a pocket veto occurs and the bill is killed.

All bills must pass in both Chambers of Congress, be signed by the Vice-President and the leader of the appropriate Chamber, and obtain the signature of the President of the United States, in order to become Federal law. Senators and Congressmen routinely introduce bills, serve on committees, and vote for or against proposed legislation, since it is a basic aspect of the positions which they hold. It is also why they were elected, as representatives of their constituents, which is why there is debate concerning the Presidential candidate who avoided voting in his capacity as U.S. Senator.