U.S. Government: Congress, Elections, Courts & Taxation

The U.S. Legislative Process

The U.S. Constitution gave Congress the power of legislation. In fact, its major function is to make laws. Congress converts public will into public policy by way of law. The Constitution provides rules to which Congress must adhere throughout the legislative process; however, over the years there have been additions and modifications to the procedure. Currently, there is debate over how to reform the legislative process.

The general legislative process is set forth in the Constitution. However, as with other aspects of government, the Framers purposely structured it in this manner so as to allow the American people an opportunity to fill in the details of the outline. One of the most important powers delegated to the House is the ability to raise revenue. The Constitution states that a bill must be approved in both chambers and then presented to the president. In the case of a presidential veto, Congress may override it with a two-thirds vote in each house. Additionally, the Constitution states that a bill not returned to Congress by the president within ten days is automatically enacted into law.

The current lawmaking process involves several steps, incorporating both constitutional requirements and subsequent modifications. It usually begins when a member of Congress presents a bill — essentially a proposal — to their respective chamber. There are public bills and private bills. The former are national or universal in scope, whereas the latter are sectional and particular. In both chambers, the bill is read by clerks and recorded in a log. It is then referred to a standing committee and then to a subcommittee, which studies, revises, and approves the bill. The subcommittee presents it to the full committee, where the bill undergoes the same process of deliberation and revision. In the House, the Rules Committee establishes the rules under which the bill will be debated and amended on the floor. After passing through these steps, both chambers take floor action — meaning the bill is debated, amended, passed, or defeated. If it passes, a conference committee of members from both houses convenes to resolve discrepancies between the two versions of the bill. The reconciled version is then submitted to each respective chamber for final approval. Finally, the president receives a copy of the bill and may either sign it into law or veto it. Should the president veto the bill, Congress can override that decision with a two-thirds majority vote in both chambers.

The two-party system is important in today's legislative process, as it requires both sides to compromise throughout the entire procedure. In other words, in order to avoid a stalemate, Republicans and Democrats alike must be willing to engage in a process of give and take. Furthermore, political parties serve as important vehicles through which legislation is organized. Most importantly, political parties can influence legislation, as the most heavily represented party in Congress commands, to some degree, the direction of the legislature.

Proposals for legislative reform abound. Some believe that voting and budgeting procedures should be more open and fair than current practices, including allowing the public to observe Congressional meetings. Others support a reduction in the number of committees in both chambers, which would logically involve decreasing support staff. Taxes are also a source of concern; many want to make it more difficult for Congress to raise them. Furthermore, some wish to impose term limits on Congressional members. Although there are numerous suggestions for legislative reform, only the future will reveal whether such proposals are incorporated into the ever-evolving American system of government.