Lawmaking In The U.S Congress

Table of Contents                                   Section

 INTRODUCTION                         1.0

THE UNITED STATES CONGRESS                                                              2.0

 LEGISLATIVE POWERS OF CONGRESS                                  3.0

TYPES OF LEGISLATIVE INSTRUMENTS

USED IN THE CONGRESS                                                                            4.0

THE PROCESS OF LAWMAKING                                                                5.0

EVALUATION OF ENACTED LAWS BY THE 

STANDING COMMITTEES                                                                          6.0

STATUTES AT LARGE AND THE U.S CODE                                           7.0

 CONCLUSION                                                                                              8.0

1.0 INTRODUCTION

In a democracy, the legislature is an important institution. It is the second arm of government whose membership is usually chosen through election and established specifically for the purpose of Law Making  Many nations around the world have fashioned their system of government on the American model, and in particular, their parliaments on its legislative arm.  In this paper we examine the concept and process of lawmaking in the United States Government as well as other relevant issues pertaining to it.

2.0 THE UNITED STATES CONGRESS

The Congress is the legislative branch of the United States Government. It was established by Article I of the U.S Constitution. It consists of the House of Representatives and the Senate. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers. Apart from enacting laws, the Congress performs the representation and oversight functions 

The House of Representatives

The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. The presiding officer of the chamber is the Speaker of the House, elected by the Representatives. He or she is third in the line of succession to the Presidency. Members of the House are elected every two years and must be 25 years of age, a U.S. citizen for at least seven years, and a resident of the state (but not necessarily the district) they represent. The House has several powers assigned exclusively to it, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an Electoral College tie.

The Senate

The Senate is composed of 100 Senators, 2 for each state.  They are elected to six-year terms by the people of each state. Senators’ terms are staggered so that about one-third of the Senate is up for reelection every two years. Senators must be 30 years of age, U.S. citizens for at least nine years, and residents of the state they represent. The Vice President of the United States serves as President of the Senate and may cast the decisive vote in the event of a tie in the Senate.

3.0 LEGISLATIVE POWERS OF CONGRESS

All legislative powers in the U.S government is vested in the Congress, meaning that it is the only part of the government that can make new laws or change existing laws. Executive Branch agencies issue regulations with the full force of law, but these are only under the authority of laws enacted by Congress. Article I of the Constitution enumerates the powers of Congress and the specific areas in which it may legislate. Congress is also empowered to enact laws deemed “necessary and proper” for the execution of the powers given to any part of the government under the Constitution.

Part of Congress’s exercise of legislative authority is the establishment of an annual budget for the government. To this end, Congress levies taxes and tariffs by enacting tax laws to provide funding for essential government services. If enough money cannot be raised to fund the government, then Congress may also authorize borrowing  to make up the difference.            

4.0 TYPES OF LEGISLATIVE INSTRUMENTS USED IN CONGRESS

The work of Congress is initiated by the introduction of a proposal in one of four principal forms: the bill, the joint resolution, the concurrent resolution, and the simple resolution.

Bills

A bill is an idea for a new law, or an idea to change or do away with an existing law, to be discussed and debated by members of congress or state legislature during the lawmaking process. It is the form used for most legislation, whether permanent or temporary, general or special, public or private. A bill originating in the House of Representatives is designated by the letters “H.R.”, signifying “House of Representatives”, followed by a number that it retains throughout all its parliamentary stages. Bills are presented to the President for action when approved in identical

form by both the House of Representatives and the Senate. 

Joint Resolutions

Joint resolutions may originate either in the House of Representatives or in the Senate. There is little practical difference between a bill and a joint resolution. Both are subject to the same procedure, except for a joint resolution proposing an amendment to the Constitution. On approval of such a resolution by two-thirds of both the House and Senate, it is sent directly to the Administrator of General Services for submission to the individual states for ratification. It is not presented to the President for approval. A joint resolution originating in the House of Representatives is designated “H.J.Res.” followed by its individual number. Joint resolutions become law in the same manner as bills.

Concurrent Resolutions

Matters affecting the operations of both the House of Representatives and Senate are usually initiated by means of concurrent resolutions. A concurrent resolution originating in the House of Representatives is designated “H.Con.Res.” followed by its individual number. On approval by both the House of Representatives and Senate, they are signed by the Clerk of the House and the Secretary of the Senate. They are not presented to the President for action.

Simple Resolutions

A matter concerning the operation of either the House of Representatives or Senate alone is initiated by a simple resolution. A resolution affecting the House of Representatives is designated “H.Res.” followed by its number. They are not presented to the President for action.

5.0 THE PROCESS OF LAW MAKING

Introduction and First Reading:

The first step in the legislative process is the introduction of a bill to Congress. At this stage the bill is read for the first time. Anyone can write a bill, but only members of Congress can introduce legislation. Some important bills are traditionally introduced at the request of the President, such as the annual federal budget. During the legislative process, however, the initial bill can undergo drastic changes. Bills may also originate from serving members of congress, interest groups, professional association and members of the public.

Assignment of Bill to Committees:

After being introduced, a bill is referred to the appropriate committee for review. There are 17 Senate committees, with 70 subcommittees, and 23 House committees, with 104 subcommittees. The committees are not set in stone, but change in number and form with each new Congress as required for the efficient consideration of legislation. Each committee oversees a specific policy area, and the subcommittees take on more specialized policy areas. For example, the House Committee on Ways and Means includes subcommittees on Social Security and Trade.

A bill is first considered in a subcommittee, where it may be accepted, amended, or rejected entirely. If the members of the subcommittee agree to move a bill forward, it

is reported to the full committee, where the process is repeated again. Throughout this stage of the process, the committees and subcommittees call hearings to investigate the merits and flaws of the bill. They invite experts, advocates, and opponents to appear before the committee and provide testimony, and can compel people to appear using subpoena power if necessary.

Second Reading and Congressional Debate:

If the full committee votes to approve the bill, it is reported to the floor of the House or Senate, and the majority party leadership decides when to place the bill on the calendar for consideration. If a bill is particularly pressing, it may be considered right away. Others may wait for months or never be scheduled at all.

When the bill comes up for consideration, the House has a very structured debate process. Each member who wishes to speak only has a few minutes, and the number and kind of amendments are usually limited. In the Senate, debate on most bills is unlimited — Senators may speak to issues other than the bill under consideration during their speeches, and any amendment can be introduced. Senators can use this to filibuster bills under consideration, a procedure by which a Senator delays a vote on a bill — and by extension its passage — by refusing to stand down. A supermajority of 60 Senators can break a filibuster by invoking cloture, or the cession of debate on the bill, and forcing a vote. Once debate is over, the votes of a simple majority pass the bill.

Concurrent passage, Third Reading and Conference Committee:

A bill must pass both houses of Congress before it goes to the President for consideration. Though the Constitution requires that the two bills have the exact same wording, this rarely happens in practice. To bring the bills into alignment, a Conference Committee is convened, consisting of members from both chambers. The members of the committee produce a conference report, intended as the final version of the bill. At this stage, it is read for the third time and each chamber then votes again to approve the conference report. Depending on where the bill originated, the final text is then enrolled by either the Clerk of the House or the Secretary of the Senate, and presented to the Speaker of the House and the President of the Senate for their signatures. The bill is then sent to the President.

When receiving a bill from Congress, the President has several options. If the President agrees substantially with the bill, he or she may sign it into law, and the bill is then printed in the Statutes at Large. If the President believes the law to be bad policy, he or she may veto it and send it back to Congress. Congress may override the veto with a two-thirds vote of each chamber, at which point the bill becomes law and is printed.

There are two other options that the President may exercise. If Congress is in session and the President takes no action within 10 days, the bill becomes law. If Congress adjourns before 10 days are up and the President takes no action, then the bill dies and Congress may not vote to override. This is called a pocket veto, and if Congress still wants to pass the legislation, they must begin the entire process anew.

6.0 EVALUATION OF ENACTED LAWS BY THE STANDING COMMITTEES

Each Standing Committee,  except  Appropriations, is required to review and study, on a continuing basis, the application, administration, execution, and effectiveness of the laws dealing with the subject matter over which the committee has jurisdiction and the organization and operation of federal agencies and entities having responsibility for the administration and evaluation of those laws.The purpose of the review and study is to determine whether laws and the programs created by Congress are being implemented and carried out in accordance with the intent of Congress and whether those programs should be continued, curtailed, or eliminated.

7.0 STATUTES AT LARGE AND THE U.S CODE

Once laws are passed, they are listed in the United States Status at Large , a document prepared by the Office of the Federal Register, National Archives and Records. The Statutes at Large is chronological arrangement of laws as they have been enacted by Congress.

Enacted laws are also listed in the United States Code, which is a consolidation and codification of the general and permanent laws of the United States arranged according to subject matter under 50 title headings. It sets out the current status of the laws as amended without repeating all the languages of the amendatory act. The code is prepared by the Law Revision Counsel of the House of Representatives.

8.0 CONCLUSION

Legislative practice of the United States Congress is formidable because it is backed not only by the provisions of the United States constitution, but also by the rules of conduct in both chambers of the bicameral legislature. The procedures for enacting laws are followed judiciously and stakeholders in the system are accorded their rights under the law, to participate in lawmaking in a transparent and predictable process. The result is that quality legislations which address the needs of society are passed by congress. The processes for administering these laws are also very effective, and this is one reason why the American system is favored by many fledgling democracies.

References

https://www.congress.gov/help/learn-about-the-legislative-process/how-our-laws-are-made#HowOurLawsAreMade-LearnAbouttheLegislativeProcess-FORMSOFCONGRESSIONALACTION References

https://www.congress.gov/search?q=%7B%22source%22%3A%22legislation%22%D

https://www.govinfo.gov/help/bills

https://www.house.gov/the-house-explained/the-legislative-process/bills-resolutions 

https://wwwwhitehouse.gov/about-the-white-house/our-government/the-legislative-branch/