Crash Course: How a Bill Becomes a Law

Introduction

• Host: Craig
• Episode sponsored by Squarespace.
• Objective: Explain the process of how a bill becomes a law.

Key Concepts

• Starting Point: A bill begins when a congressman or senator has an idea, often influenced by interest groups, the executive branch, or constituents.

1. Introduction of the Bill

• Legislator formally introduces the bill.
• All revenue bills must start in the House; other bills can start in either house.

2. Committee Review

• The bill is referred to a committee (e.g., Senate Armed Services Committee).
• The committee reviews, writes the bill in legal language (markup), and votes on it.
• Majority approval in committee moves the bill to the full Senate.

3. Senate Consideration

• The Senate decides on the rules for debate (length and amendments).
• Types of Rules:
  • Open Rule: Allows amendments, making it harder for the bill to pass.
  • Closed Rule: No amendments allowed.
• If it passes the Senate, it moves to the House.

4. House Process

• The bill goes to the Rules Committee before being voted on by the full House.
• Requires a majority (238 votes) to pass in the House.

5. Reconciliation of Bills

• If both houses pass different versions, it goes to a conference committee.
• The committee reconciles differences and creates a compromise bill.

6. Presidential Action

• Once a bill passes both houses, it is sent to the president:
  • Options for the President:
    • Sign the bill (becomes law).
    • Veto the bill (returns to Congress).
    • Pocket veto (if Congress adjourns within 10 days and the president does nothing, the bill does not become law).
    • If Congress remains in session for over 10 days and the president does nothing, the bill becomes law without signature.

7. Veto Power

• Congress can override a presidential veto with a two-thirds majority in both houses.
• Rare occurrences; example: Taft-Hartley Act of 1953.

8. Challenges in the Process

• Bills have a high mortality rate due to numerous obstacles:
  • Speaker or majority leader may refuse to refer it to committee.
  • Committees can kill bills by not voting or not achieving a majority.
  • Filibustering in the Senate can prevent a vote.
  • House's Rules Committee can also kill bills.
• Procedural hurdles known as "veto gates" make it harder to pass legislation.

Conclusion

• The legislative process is cumbersome by design to prevent hasty or dangerous laws.
• Structural hurdles make it challenging for Congress to act without broad agreement.
• Insight: While Congress may appear dysfunctional, it operates under a system intended to limit the risk of authoritarian legislation.