How a bill becomes a law in the United States has, over the years, been reduced to the simplicity of a children's song ("I'm just a bill and I'm sitting here on Capitol Hill"), yet also been the subject of numerous novel-length books.
The Theory of How a Bill Becomes a Law
In theory, the process is very simple. For example, a member of the House of Representatives introduces a bill, which is an idea written into legislative language by a team of lawyers that work for Congress. The bill is immediately assigned to a committee that has jurisdiction over whatever topic the bill covers. If the committee approves of the bill, it is sent to the full House of Representatives where it is voted on. If it passes -- usually a majority voting in favor is sufficient -- then the bill is sent to the Senate where the same process repeats. After the Senate passes the bill, it is sent to the President for his review. He either signs it into law or vetoes it, in which case the bill is dead unless the Congress can override his veto by voting in favor of the bill by a 2/3 majority.
The Reality of How a Bill Becomes a Law
In the real world, the process is much more complicated and involves a wide variety of interests both in the government and out. Often the idea for a bill comes not from a Member of Congress or his staff, but from an outside group or individual. Well-funded groups such as major industry associations might go so far as to draft the bill using their own team of lawyers.
Even before the bill is officially introduced, there are a several factors that need to be considered if the bill is ever to make it through to the President. Does the chairman of the committee it will go to support it? Does the leadership think it's a good idea and want to allow a vote of the full House or Senate? Is it a bill that will only have the support of one party and, therefore, get caught up in partisan politics? Are there outside groups that will support or oppose the bill and what will they say? Many bills have died an early death because their sponsors failed to address one or more of these issues.
If those early hurdles are successfully jumped, then the committee process can chew up and spit out even the best intended bills. Hearings may be called to learn more about the issues addressed by the bill. Opponents (and/or supporters) may have changes (amendments) they want made to the bill. More amendments are possible when the bill moves to the House or Senate floor. Then, if the bill actually passes the House or Senate, the process starts again in the other chamber and the chances that the bill moves through without being changed again are very small.
Legislating in Secret
At the end of the process, there are two versions of the same bill. A small group of Senators and Members of the House of Representatives then meet (often in secret) and agree on a final version that is then sent back the House of Representatives and Senate for one more vote, but without any amendments allowed. It is this small ad-hoc committee that puts the finishing touches on the bill and wields tremendous power over the final product.
Simple, right?
Simon Etcher - Simon Etcher has spent the past twenty years working with and listening to America's CEOs, university leaders and top government ...
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