The Legislative Process

Learning Objectives

• To identify and explain each stage of the legislative process

Legislative ProcessA series of actions that result in a law being

made

How a Bill Becomes Law

http://www.youtube.com/watch?v=VxT7QjlvDqM&feature=related

A member of the House or Senate introduces a bill.

Let's pretend the voters from Senator Jones' state (constituents) want a law requiring seatbelts on school buses. He and his staff write a bill, which is a draft (early version) of the proposed law. The bill is then passed out to each Senator.

A Bill is reviewed by committees.

A Standing Committee (a small, permanent group made up of legislators who studies and reports on bills) reviews the bill and does one of three things:

1. Sends the bill back with no changes.2. Makes changes and sends it back.3. Tables the bill -- In other words, they can do

nothing.

The Bill is reviewed by committees.

If the committee sends it back with no changes, then the bill goes on the Senate's calendar to be voted on. When that day comes, the bill is voted on and over half of the senators (51 of 100) must vote yes to pass it.

The Bill is reviewed by committees.

If the bill is passed by the Senate, it then moves to the other branch of Congress, the House of Representatives. The bill goes to a House committee, which studies the bill, and then is voted on by the representatives. Just as in the Senate, over half of the representatives (218 of 435) must vote yes to pass the bill.

The House and Senate vote to approve the bill.

The bill goes to the President.

Veto or Sign

If the President vetoesthe bill, it returns

to congress.

If the President signsThe bill, it becomes

law.

If the bill gets a 2/3rdsmajority vote in

Congress,it becomes

a law.

• http://video.about.com/usgovinfo/The-Legislative-Process.htm

7 Stages of the Legislative Process

First readingCommittee stageTimetablingSecond readingThird readingConference committeePresidential action

First Reading

• must pass both houses during a congress (2 years)

• Same in both houses, only a formality• No debate• No vote• Speaker assigns legislature to appropriate

committee

Committee stage

• Committee stage-broken into sub-committees• Many bills don’t get out-pigeonholed• Bills with lots of support get heard-from within house,

congress, interest groups etc,• Committee members are specialists• Witnesses called and questioned• Power of amendment-can pass, amend or reject• Reported out i.e. Goes to floor if vote in favour• Therefore bill can be thrown out at this stage. Slow

process because of witness.

Timetabling

• Find time for consideration whole chamber• House rules committee-2:1 in favour of

majority • Can set time limits & rules for level of debate• Therefore control what pases v powerful

Second reading

• Considered by whole chamber• Further amendments made• In senate-tradition- everyone who wants to

speak can-therefore chance of filibuster• 60 senators must vote for cloture-motion to

stop debate allowing determined minorities to end a bill

• Simple majority pass• If passed said to be congressed.

Third reading

• Final debate. • If big amendments made after 2nd reading-

substantial debate• If minor amendments and large vote in

favour, 3rd reading brief-further vote taken

Conference committee

• (optional)• If big difference between bill agreed by house

& senate due to amendments a conference committee called-reps from both chambers represented.

• If bill not approved by end of congressional term, 2 years, must start all over again.

Presidential action

• 4 options• 10 days to act• Signed into law• Can veto bill• However veto can be overridden by 2/3 majority• Pocket veto, takes no action at end of congress,

bill dies-cannot be overturned• Leave bill on desk-become law after 10 working

days

Key Points

• 3% of bills are vetoed by presidents• 4% of vetoes overridden-often for political reasons-in

divided government mostly (except carter)• Very few bill put forward become law- 4-5% Why?• Weak party discipline-votes not predictable• Committees can kill off /fundamentally change a bill• Cloture motion requirement in senate means minorities

can kill bills-• Senate very powerful.• Intention of FF- supposed to be difficult- pros & cons

‘The house sits, not for serious discussion, but to sanction the conclusions of its committees as

rapidly as possible. It legislates in its committee rooms, not by the determination

of majorities, but by the specially commissioned minorities (the committees),

so that it is not far from the truth to say that congress in session is congress on public

exhibition, whilst congress in its committee rooms is congress at work’.

Woodrow Wilson 1885 future president WWI.

Homework

• To find contemporary examples of the legislative process at each stage since 2008 (Obama) using the Many Bills Website (Link on the VLE)