Understanding the Legislative Process in the U.S.

Jan 31, 2025

Crash Course: How a Bill Becomes a Law

Introduction

  • Presenter: Craig from Crash Course Government and Politics
  • Purpose: Explanation of how a bill becomes a law in the U.S.
  • Reference to historical educational content: Schoolhouse Rock song

The Bill Introduction Process

  • Origin of a Bill:
    • Idea can come from interest groups, executive branch, or constituents
    • Formal process begins with a legislator introducing the bill
  • Introduction in Congress:
    • Bill starts in either House or Senate (revenue bills start in House)
    • Example: Bill on naming helicopters, starting in the Senate

Committee Stage

  • Committee Referral:
    • Assigned to relevant committee (e.g., Senate Armed Services Committee)
    • Markup process: Committee writes the bill in formal legal language
  • Committee Vote:
    • Majority needed for the bill to move to the Senate floor

Senate Floor Consideration

  • Debate Rules:
    • Senate decides debate rules (open or closed rule)
    • Open rule allows amendments, increasing difficulty of passing
  • Senate Vote:
    • Majority needed for passage

House of Representatives Process

  • Rules Committee:
    • All bills must go through this committee before reaching the House floor
  • House Vote:
    • Requires 238 or more votes to pass

Reconciliation and Presidential Action

  • Conference Committee:
    • Reconciles different versions of the bill from both Houses
    • Creates a compromise bill
  • Presidential Actions:
    • Sign the bill into law
    • Veto the bill (Congress can override with a two-thirds majority)
    • Pocket veto if Congress adjourns within 10 days
  • Automatic Law: If not signed or vetoed within 10 days and Congress is in session

Challenges in Lawmaking

  • Veto Gates:
    • Multiple stages where a bill can be blocked
    • Leadership can refuse to refer or schedule bills
  • Filibuster:
    • Senate-specific; can be used to delay or block bills
  • Committee and House Actions:
    • Bills can die in committee or through lack of House Rules
  • Veto Override:
    • Rare; requires two-thirds majority in both Houses
  • Procedural Hurdles:
    • Designed to ensure broad agreement or handle uncontroversial issues

Conclusion

  • The lawmaking process is intentionally cumbersome to avoid authoritarian rule
  • Structural hurdles in Congress and Presidential role help prevent tyrannical laws
  • Designed dysfunctionality to ensure thorough vetting and consensus

Key Insight: The U.S. legislative process is complex by design to prevent easy passage of potentially harmful laws.