How a Bill Becomes Law - Lewiston Independent School District #1

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How a Bill Becomes Law

Chapter 7

 A.

Types of Bills and Resolutions

• 1. Bills — these are proposed laws presented to Congress. Public bills apply to the entire nation; private bills pertain to certain persons or places.

• 2. Joint Resolutions- these deal with temporary or unusual matters, have the possibility of gaining the force of law, must be passed by both houses, and must be signed by the President.

• 3. Concurrent Resolutions — these deal with common concerns of both houses, don’t have the force of law, and do not require the President's signature.

• 4. Resolutions (simple) — Voted on by either house, but have no force of law; they usually are concerned with house rules and do not require the President's signature.

• 5. Rider- is a provision not likely to pass on its own merit that is attached to an important measure.

 B.

Creating and Introducing Bills

• 1.Most bills are suggested by the executive branch, after coordination by OMB.

 a. Legislative agenda, based in part on their party's platform.

 b. The president's task is to persuade Congress that his agenda should also be Congress' agenda.

 c. Presidents have many resources with which to influence Congress.

• 1. Influence members directly

• 2. More often will leave White House lobbying to the congressional liaison office.

• 3. Work primarily through regular meetings with the party's leaders in the House and Senate.

• 2. Special interest groups often suggest ideas for bills, as do private citizens.

• 3. All revenue-raising bills must begin in the House

• 4. All other bills may be introduced in either chamber.

Library of Congress

 C.

The First Reading

• 1. The first reading of a bill consists of the assignment of a house number, a short title, and entry into the House Journal and the Congressional Record for the day.

• 2. After its first reading, a bill is referred to the appropriate standing committee for consideration by the Speaker.

 D.

The Bill in Committee

• 1. Most work is done by subcommittees.

• 2. Subcommittees complete their work and the measure returns to the full committee.

 a. The full committee may report the bill favorably to the full House with a

"do pass" recommendation.

 b. The full committee may refuse to report the bill, or pigeonhole it.

 c. A discharge petition enables members to force a bill out of a committee pigeonhole.

 d. The full committee may report the bill in an amended form.

 e. The full committee may report the bill unfavorably.

 f. The full committee may report an entirely new bill.

E.

Rules and Calendars

• 1. Before reaching the floor of the House, a bill must be placed on one of several calendars, or schedules, for deliberation.

• 2. Calendars: Lists of business eligible for consideration by legislative bodies.

• 3. House Rules Committee must give each bill a rule, or approval, as well as the conditions under which a bill can be debated on the floor of the House of Representatives.

• 4. The House Rules Committee can kill a bill even after it has been recommended by a standing committee by refusing to perform any of the above.

• Senate Calendars

• House Calendars

 F.

The Bill on the Floor

• 1. Bills are considered in the Committee of the Whole (the House sitting as a large committee of itself).

• 2. Debate — strict rules limit the length of each individual's debate.

• 3. Voting— a bill requires formal House vote. A quorum (majority of the full membership) is necessary.

• 4. A floor vote may be taken by:

 a. Voice votes are the most common. Voice vote: A vote in the House of

Representatives in which members shout "aye" or "no" and the chair decides the result.

 b. Standing vote (demanded if any member thinks the Speaker has erred).

 c. One-fifth of a quorum may demand a teller vote.

 d. A roll-call vote (each representative's position becomes a matter of public record) may be demanded by one-fifth of the members.

G.

Final steps in the House of Representatives

• 1. An approved bill is engrossed, read a third time, voted on again, and signed by the Speaker.

• 2. A signed bill is then sent to the Senate president.

H.

Differences in Senate Bills

• 1. more informal than House

• 2. does not have a committee equivalent to House Rules

• 3. Senate leaders, by consulting with each other and members, control the flow of bills to committees and floor debate/voting

• 4. Senate has two calendars: Calendar of General Orders and

Executive Calendar

 a. General Orders lists all bills the Senate will consider

 b. Executive schedules treaties and nominations

• 5. Can set aside formal rules and look at a bill from the calendar

• 6. The Filibuster

 a. unlimited debate on bills

• 1. a way to defeat a bill: keep talking until majority of Senate either abandons bill or agrees to modify the most controversial aspects

• 2. once a Senator has the floor, he/she can stand and talk

• 3. after 3 hours they can talk about anything and even read aloud from a telephone / recipe book

 b. can be stopped by a 3/5's vote for cloture (allows each senator to speak for only 1 hour on legislation being debated)

 c. not as powerful as it used to be because of procedural system

• 1. if filibuster starts the Senate sets aside a time of day for dealing with other business

• 2. filibuster starts again after this is taken care of

 d. threat of filibuster is still enough to delay/defeat bills

I.

Final Steps

1.

Conference Committee if different versions passed

(approved by both houses)

2.

Sent to President

a.

Signs Bill – Becomes Public Law b.

Pocket Veto – Bill Expires (10 days)

• Can be discharged c.

Veto – Bill Fails

• Veto override – 2/3 vote of both houses – Becomes Public Law

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