How does a Bill become a Law?
Target 26: I can explain the structure and functions of congressional committees. (T4, L5).
Target 27: I can identify the process through which a bill or joint resolution passes in order to become a law (T4, L6).
Target 28: I can explain the various types of committees and their duties within the legislative process (T4. L6).
Notes from class:
Congress introduces a bill
Has an idea
Can come from executive, special interest group, or constituents (anyone can write a bill)
Needs to write bill and be submitted into hopper
Starts in House or Senate. Lets say ours starts in house.
Assigned number (S for senate, HR for house)
First Reading:
Goes to speaker or president of senate
Read by Title
Assigned to committee
Doesn’t have to be assigned to committee, and will die (lots of power for speaker)
Goes to Committee
20 standing committees in house, 16 in senate. Select committees are temporary. There are also joint commitees (made of both house and senate) and conference committee (which I will get to in a second)
Bulk die here. Not even scheduled for hearing, or sent to subcommittee to die, changed to improve. Can be put aside (tabled) after hearing. It is voted on for being sent to floor.
Bill is about naming helicopters (HR307)
Senate Armed Services Committee
Can be “marked up” sent to floor
Goes to Rules Committee
How long is debate? Can there be amendments?
Open vs. closed (Open means amendments, closed means no.)
Put on calendar here for second reading. Most bills that make it past this point pass because they believe it has the ability to pass on the floor. Not assigning date is called pigeonholing.
Open can pass easier because bill can be changed on floor.
This can enable congresspeople to attach “riders” or parts to a bill that have nothing to do with the original intent of bill, such as repealing the affordable health care act.
Second Reading
Then put into committee of the whole
debated, amendments may be added. Needs simply majority vote to add amendments.
Then bill is voted on
Can be amended and sent back to committee
Third Reading
floor of house 219 = pass
Amendments not made at this point, but can be with 2/3rd vote
Then sent to Senate and process repeats itself
Senate makes its own bill (S307)
In senate, leadership can refuse to schedule a vote, or members can filibuster
Filibuster – can stop bill even if you are in minority of senate
Not in constitution
Strom Thurmond – 24 hours and 8 minutes 1957 civil rights act
Cloture: shutting down a filibuster. 60 votes for cloture (means move it on next). filibusters and clotures have increased over time.
Essentially, if a bill can’t get 60 votes in the senate, it won’t pass no matter what.
Once it passes both houses, it goes to conference committee
Make sure S307 and HR 307 are the same
THEN IT GOES BACK TO HOUSE AND SENATE!!!
Signed by speaker and Pres of senate
THEN it goes to president
He can sign it
Veto it
Or let it die (pocket veto). Only available at the end of congressional term. Pres neither sines nor vetos, and then congress adjourns session, bill dies.
If congress is still in session for 10 days, it automatically passes without presidents signature.
Override veto with 2/3 vote.
High mortality rate of bill (out of 10000, 500 pass)
Speaker can not refer it to committee
Committee can kill bill by not voting on it or not getting a majority, so it doesn’t go to the floor
Or vote to send it back to committee (which will kill it usually)