1. How Our Laws Are Made January 18th, 2010 Presented by: Tim Deacon
2. 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.
52. 7 What is (and isn’t) in the bill… Floor Action Conference Committee Action The President The Bill Becomes A Law Introduce Committee Action House of Representatives Senate REFER BILL TO COMMITTEE(S) BY SPEAKER OF THE HOUSE (May be split among committees) REFER BILL TO COMMITTEE(S) BY PRESIDING OFFICER OF THE SENATE (May be split among committees) PLACE BILL ON COMMITTEE CALENDAR PLACE BILL ON COMMITTEE CALENDAR HOLD HEARINGS HOLD HEARINGS SEND BILL TO SUB-COMMITTEES SEND BILL TO SUB-COMMITTEES SUB-COMMITTEES MAKES REVISIONS AND ADDITIONS SUB-COMMITTEES MAKES REVISIONS AND ADDITIONS SUB-COMMITTEES REPORT FINDINGS TO FULL COMMITTEE SUB-COMMITTEES REPORT FINDINGS TO FULL COMMITTEE COMMITTEE COMPLETES WRITTEN REPORT AND SENDS TO HOUSE COMMITTEE COMPLETES WRITTEN REPORT AND SENDS TO SENATE
53. 8 Let’s talk about this bill and then vote on it… Floor Action Conference Committee Action The President The Bill Becomes A Law Introduce Committee Action House of Representatives Senate BILL IS PLACED ON CALENDAR Placed in order that they are received. Scheduled based on importance. 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 BILL VOICE VOTE – Say “Aye” or “Nay.” DIVISION VOTE – Stand and be counted. RECORDED VOTE – Recorded electronically. FAIL PASS PASS OR FAIL? SEND TO SENATE BILL DIES
54. 9 Let’s talk about this bill and then vote on it… Floor Action Conference Committee Action The President The Bill Becomes A Law Introduce Committee Action House of Representatives Senate BILL IS PLACED ON CALENDAR Placed in order that they are received. Scheduled based on importance. BILL IS PLACED ON CALENDAR Placed in order that they are received. Scheduled based on importance. 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. 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.” VOTE ON BILL VOTE ON BILL VOICE VOTE – Say “Aye” or “Nay.” DIVISION VOTE – Stand and be counted. RECORDED VOTE – Recorded electronically. PASS FAIL PASS FAIL PASS OR FAIL? PASS OR FAIL? SEND TO SENATE SEND TO PRESIDENT BILL DIES BILL DIES HOWEVER, BEFORE SENDING A BILL TO THE PRESIDENT, THE HOUSE AND SENATE MUST BE IN AGREEMENT, WITH JUST ONE BILL.
55. 10 What if the Senate and House Disagree? Floor Action Conference Committee Action The President The Bill Becomes A Law Introduce Committee Action House of Representatives Senate FORM CONFERENCE COMMITTEE - Members from both chambers form committees to discuss and work out differences. 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. PASS FAIL FAIL PASS PASS OR FAIL? PASS OR FAIL? SEND TO PRESIDENT SEND TO SENATE FLOOR ACTION FLOOR ACTION BILL DIES BILL DIES
56. 11 It is now up to the President… Floor Action Conference Committee Action The President The Bill Becomes A Law Introduce Committee Action The Office of The President BILL REVIEWED BILL SIGNED BILL VETOED (“I Forbid”) BILL NOT SIGNED BILL WILL BECOME LAW SENT BACK TO CONGRESS WITH EXPLANATION IS CONGRESS IN SESSION? NO YES BILL DIES BILL WILL BECOME LAW House of Representatives Senate YES YES NO NO 2/3 IN FAVOR? 2/3 IN FAVOR? SEND TO SENATE BILL WILL BECOME LAW BILL DIES BILL DIES
57. 12 …and finally, it becomes law. Floor Action Conference Committee Action The President The Bill Becomes A Law Introduce Committee Action The Office of The President Congress BILL SIGNED BY PRESIDENT BILL NOT SIGNED BY PRESIDENT AND CONGRESS HAS ADJOURNED VETO OVERRIDDEN BY CONGRESS THE BILL BECOMES LAW LAW ASSIGNED OFFICIAL NUMBER