As an expert in the field of lawmaking, I am often asked about the process of passing a law in the United States. Many people are unaware of the intricate steps and procedures that must be followed in order for a bill to become a law. In this article, I will break down the process and explain the role of each branch of government in making laws. The first step in passing a law is for a bill to be introduced in either the House of Representatives or the Senate. Once a bill is introduced, it is assigned to a committee for review and debate.
If the committee approves the bill, it is then voted on by the entire body. In order for a bill to pass in the House of Representatives, a simple majority of 218 out of 435 votes is required. If the bill passes, it then moves on to the Senate. In the Senate, the bill goes through a similar process. It is assigned to a committee and if approved, it is brought to the floor for debate and voting.
The Senate also requires a simple majority of 51 out of 100 votes for a bill to pass. Once both houses have approved the bill, they must resolve any differences between their versions before it can be sent to the president. Once both houses have voted on and approved the same version of the bill, it is then sent to the president for final approval. The president has several options when presented with a bill - they can sign it into law, veto it, or take no action (in which case it becomes law after 10 days). The Senate also conducts voice voting, where members say "yes" or "no" in unison.
If there is any doubt about the result of a voice vote, a divisional vote can be requested, in which the president counts the votes of each senator. Divisional votes are also commonly used for voting on treaties. However, most Senate matters are conducted by unanimous consensus, meaning that a measure is approved as long as no senator objects. The results of all Senate votes are recorded in the Congressional Record and are available online. It is important to note that a bill can go through multiple committee meetings, debates, changes, and votes before it is approved by both houses of Congress. If a bill is approved by one body but not the other, it must go through the same process in the other body.
This can lead to a lengthy and complex process, especially if there are significant differences between the two versions of the bill. In recent years, there has been an increase in obstructionism in the Senate, where a minority group of senators can prevent a bill from passing by threatening to use procedural tactics. This has led to a de facto requirement of 60 votes to pass a law in the Senate. This has caused frustration among legislators who feel that important reforms are being blocked by this tactic. In 1917, the Senate approved Rule XXII, also known as the Closure Rule, which allowed for obstructionism to be broken with a two-thirds majority vote. However, in 1975, this requirement was reduced to 60 votes, which has become the minimum needed to pass a law.
In contrast, voting in the House of Representatives can be done by voice vote, where no record of individual responses is available. This means that a small minority of senators can use obstructionism to prevent the passage of bills that have broad public support. This has led to frustration and criticism of the Senate's increasing use of procedural tactics instead of substantive debates and discussions. Bills can also be introduced by individuals or groups of citizens who recommend a new or amended law to their representative in Congress. However, this process is often overshadowed by the more common method of introducing a bill through a committee. Critics argue that this overuse of committees has slowed down the Senate's work and has led to more procedural maneuvers rather than meaningful debates and discussions.
