How Our Laws Are Made

How Our Laws Are Made

January 18th, 2010

Presented by: Tim Deacon

“To Unite. To Educate. To Inspire.”

The U.S. Congress

2

The Congress of the United States of America

One of the most practical safeguards of the American democratic way of life is this legislative process with its emphasis on the protection of the minority, allowing ample opportunity to all sides to be heard and make their views known. The fact that a proposal cannot become a law without consideration and approval by both Houses of Congress is an outstanding virtue of our bicameral legislative system. The open and full discussion provided under the Constitution often results in the notable improvement of a bill by amendment before it becomes law or in the eventual defeat of an inadvisable proposal.

The Congress of the United States of America

One of the most practical safeguards of the American democratic way of life is this legislative process with its emphasis on the protection of the minority, allowing ample opportunity to all sides to be heard and make their views known. The fact that a proposal cannot become a law without consideration and approval by both Houses of Congress is an outstanding virtue of our bicameral legislative system. The open and full discussion provided under the Constitution often results in the notable improvement of a bill by amendment before it becomes law or in the eventual defeat of an inadvisable proposal.


The U.S. Congress

3

The House of Representatives:• Designed to be closer to people .

• Elected by the people• 435 members (since 1911)• Must be 25 years old, citizen for 7 years, resident in state (when elected)

• Smaller districts• State populations during census determines number from each state

• 2 year term• Entire body elected every 2 years .

• Revenue bills must originate in the house

The House of Representatives:• Designed to be closer to people .

• Elected by the people• 435 members (since 1911)• Must be 25 years old, citizen for 7 years, resident in state (when elected)

• Smaller districts• State populations during census determines number from each state

• 2 year term• Entire body elected every 2 years .

• Revenue bills must originate in the house

The Senate:• Designed to be removed from the people

• Originally elected by state legislatures• 100 members• Must be 30 years old, citizen for 9 years, resident of state (when elected)

• Elected on an at large basis• There are two Senators from each state

• 6 year term• 1/3 up for election every 2 years = more continuity and stability

• Advising and consenting to treaties and certain Presidential nominations

The Senate:• Designed to be removed from the people

• Originally elected by state legislatures• 100 members• Must be 30 years old, citizen for 9 years, resident of state (when elected)

• Elected on an at large basis• There are two Senators from each state

• 6 year term• 1/3 up for election every 2 years = more continuity and stability

• Advising and consenting to treaties and certain Presidential nominations


The U.S. Congress

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The House of Representatives:• Compensation:

• Member $174,000• Leaders $193,400• Speaker $223,500

• Personal Staff:• 18 permanent and 4 non-permanent aides

• Perks:• Travel allowance• Office space• Franking privileges• Foreign travel• Health Insurance• Retirement pensions

• Legislative immunity• Cannot be arrested or detained while going to or from a session of Congress

The House of Representatives:• Compensation:

• Member $174,000• Leaders $193,400• Speaker $223,500

• Personal Staff:• 18 permanent and 4 non-permanent aides

• Perks:• Travel allowance• Office space• Franking privileges• Foreign travel• Health Insurance• Retirement pensions


The Senate:• Compensation

• Member $174,000• Leaders $193,400

• Personal Staff:• Between 26 and 60 aides (depending on size of state)

• Perks:• Travel allowance• Office space• Franking privileges• Foreign travel• Health Insurance• Retirement pension


The Senate:• Compensation

• Member $174,000• Leaders $193,400

• Personal Staff:• Between 26 and 60 aides (depending on size of state)

• Perks:• Travel allowance• Office space• Franking privileges• Foreign travel• Health Insurance• Retirement pension


“To Unite. To Educate. To Inspire.” 5

How Our Laws Are Made

The process of passing a bill into law is one of deep complexity. It is a lengthy process which has many blockades in its course.There are six steps which help to explain the stages and process of law making. These steps include:• the bills introduction to legislation• the committee action• the floor action• the conference committee action• the President action (or inaction)• the bill becoming a law

Introduce Committee Action

Floor ActionConference Committee

Action

The President

The Bill Becomes A

Law


Someone has a “great” idea…



Action

The President

The Bill Becomes A

Law

IDEAConcerned Citizen, Organization, Group,

or Legislature Suggest Change

House of Representatives Senate

PROPOSAL DRAFTEDThere are four (4) types of proposals.

TYPES of PROPOSALS:BILL – used for most legislation. Can be either public or private. Originate in House or Senate.JOINT RESOLUTION – Originate in House or Senate. Joint resolution may include a preamble before the resolving clause.CONCURRENT RESOLUTION – a matter affecting the operation of both houses. Usually not a legislation. SIMPLE RESOLUTION – a matter affecting the operation of only one of the houses. Usually not a legislation.

PLACE BILL IN HOPPER

HAND BILL TO CLERK OF THE HOUSE

ASK PERMISSION OF PRESIDING OFFICER TO

INTRODUCE BILL

INTRODUCE BILL

ASSIGN A NUMBER (HR – 1)

ASSIGN A NUMBER (S – 1)

INTRODUCE BILL

GRANTED?TABLE BILL UNTIL NEXT DAY

YES

NO

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What is (and isn’t) in the bill…



Action

The President

The Bill Becomes A

Law


COMMITTEE COMPLETES WRITTEN REPORT AND SENDS TO HOUSE

REFER BILL TO COMMITTEE(S) BY SPEAKER OF THE HOUSE

(May be split among committees)

PLACE BILL ON COMMITTEE CALENDAR

HOLD HEARINGS

SEND BILL TO SUB-COMMITTEES

SUB-COMMITTEES MAKES REVISIONS AND ADDITIONS

SUB-COMMITTEES REPORT FINDINGS TO FULL COMMITTEE

COMMITTEE COMPLETES WRITTEN REPORT AND SENDS TO SENATE

REFER BILL TO COMMITTEE(S) BY PRESIDING OFFICER OF THE SENATE

(May be split among committees)

PLACE BILL ON COMMITTEE CALENDAR

HOLD HEARINGS

SEND BILL TO SUB-COMMITTEES

SUB-COMMITTEES MAKES REVISIONS AND ADDITIONS

SUB-COMMITTEES REPORT FINDINGS TO FULL COMMITTEE


Let’s talk about this bill and then vote on it…



Action

The President

The Bill Becomes A

Law


BILL IS PLACED ON CALENDARPlaced in order that they are received. Scheduled

based on importance.

BILL DIES

FAIL PASSSEND TO SENATEPASS OR

FAIL?

LIMITED DEBATE (Limited by rules formulated by Rules Committee.) Entire committee debates and amends bill. Debate

guided by sponsoring committee with equal time for both parties.

VOTE ON BILLVOICE VOTE – Say “Aye” or “Nay.”

DIVISION VOTE – Stand and be counted.RECORDED VOTE – Recorded electronically.


Let’s talk about this bill and then vote on it…



Action

The President

The Bill Becomes A

Law




BILL DIES


FAIL?

LIMITED DEBATE (Limited by rules formulated by Rules Committee. Entire committee debates and amends bill. Debate

guided by sponsoring committee with equal time for both parties.

VOTE ON BILLVOICE VOTE – Say “Aye” or “Nay.”

DIVISION VOTE – Stand and be counted.RECORDED VOTE – Recorded electronically.



UNLIMITED DEBATE Debate is unlimited unless Cloture is invoked. (60%

of the full senate agrees on ending discussion) Members can speak as long as they wish, often using

a filibuster to “talk a bill to death.”

PASS OR FAIL?

BILL DIES

FAIL PASS

SEND TO PRESIDENT

HOWEVER, BEFORE SENDING A BILL TO THE PRESIDENT, THE HOUSE AND SENATE MUST BE IN AGREEMENT, WITH JUST ONE BILL.

VOTE ON BILL


What if the Senate and House Disagree?



Action

The President

The Bill Becomes A

Law


FORM CONFERENCE COMMITTEE - Members from both chambers form committees to discuss and work out differences.

FLOOR ACTION FLOOR ACTION

PASS OR FAIL?

BILL DIES

FAIL PASS

SEND TO PRESIDENTBILL DIES


FAIL?

WORK OUT DIFFERENCES (COMPROMISE) - Can’t we just work together.

REWRITE A BILL AGREEABLE TO BOTH HOUSES. PREPARE A CONFERENCE REPORT.

SEND CONFERENCE REPORT AND NEW BILL TO HOUSE AND SENATE.


It is now up to the President…



Action

The President

The Bill Becomes A

Law

The Office of The President

BILL REVIEWED


2/3 IN FAVOR?

BILL DIES

NO YES

SEND TO SENATE

BILL SIGNED

BILL WILL BECOME LAW

BILL VETOED(“I Forbid”)

SENT BACK TO CONGRESS WITH EXPLANATION

BILL NOT SIGNED

IS CONGRESS IN SESSION?

NO

BILL DIES

YES


2/3 IN FAVOR?

BILL DIES

NO YES



…and finally, it becomes law.



Action

The President

The Bill Becomes A

Law

The Office of The President Congress

VETO OVERRIDDEN BY CONGRESSBILL SIGNED BY PRESIDENT

BILL NOT SIGNED BY PRESIDENT AND CONGRESS HAS ADJOURNED

THE BILL BECOMES LAW

LAW ASSIGNED OFFICIAL NUMBER


• I’m just a bill,• Yes, I’m only a bill,• And I’m sitting here on Capitol Hill.• Well, it’s a long, long journey• To the capital city,• It’s a long, long wait• While I’m sitting in committee• But I know I’ll be a law someday . . .• At least I hope and pray that I will,• But today I’m still just a bill.• {Interlude}


• I’m just a bill,• Yes I’m only a bill,• And I got as far as Capitol Hill.• Well, now I’m stuck in committee• And I sit here and wait• While a few key Congressmen• Discuss and debate• Whether they should• Let me be a law…• Oh how I hope and pray that they will,• But today I am still just a bill.• {Interlude}


• I’m just a bill,• Yes I’m only a bill,• And if they vote for me on Capitol Hill,• Well then I’m off to the White House• Where I’ll wait in a line• With a lot of other bills• For the President to sign.• And if he signs me then I’ll be a law . . .• Oh, how I hope and pray that he will, • But today I am still just a bill.• {Interlude}


• No! But how I hope and I pray that I will,• But today I am still just a bill!• {Interlude}


Acknowledgementfor SongAcknowledgementfor Song

• School House Rocks website.–http://media.atlantic-records.com/media/

schoolhouse_rock_rocks/schoolhouse_rock_rocks/bill.wav

Documents

How Our Laws Are Made