Enacting laws is an incremental process (most of which occurs in the background) that takes place in a consensus-driven environment. We, as constituents, can and should be involved at any stage. Our Congresspeople represent us, but they can only do so if we voice our values, and share our expertise.
In order to advocate for legislation, though, it is important to understand how the process works. Congress is the Legislative branch that is responsible for crafting and enacting federal laws. The two legislative bodies within the Congress are the Senate (50 elected members, 2 from each state) and the House of Representatives (435 elected members, 1 from each Congressional district allocated to each state based on population as defined by the U.S. Census). A bill, which is a proposal for a new law, can be introduced by any member of Congress to their respective chamber. A bill must be introduced by a member of Congress, but the idea for a bill can start with anyone! Policy can be in the developmental stage for years prior to being introduced in either of the Chambers. Once a bill is introduced, it is placed in a wooden box called the bill hopper where it is assigned a legislative number before the Speaker of the House assigns it to a subcommittee (1). Numbers are assigned based on when the bill is introduced, and at the beginning of each new Congress (every 2 years), the group starts fresh and bill numbers are reset to 1. Even if a bill was already in debate by the House or Senate, it will have to be reintroduced at the start of each new Congress and assigned a new number. Once in a subcommittee, Representatives or Senators debate and amend the bill before voting on it. A vote can either defeat the piece of legislation, table it for later, or pass it to the House or Senate Floor for a debate. If it is passed within the subcommittee, members of the full House or Senate then read it and propose changes or amendments before holding a floor vote. If a simple majority (over 50%) votes to pass the bill, then it is sent to the other chamber, where it undergoes the same process, and both chambers have to agree on an identical version of the bill before it goes to the President. The bill can fail at any point during this process when a vote is held. Once (if) a bill is agreed on by both chambers, it is sent to the President. The President can 1) veto the bill, 2) decide to take no action 3) pocket veto the bill, and 4) sign the bill into law. A veto is when the President rejects the bill, and it is returned to Congress with the reasons for rejection detailed. At this time, Congress can override the veto with a supermajority (⅔) vote, and still pass the bill into law. If the President chooses to take no action and Congress is in session, after 10 days the bill automatically becomes law. A pocket veto occurs when the President decides to take no action and Congress is adjourned (out of session). After 10 days in this scenario, if the President does not sign it, the bill does not become law. Just to highlight the complexity of this process, during the 116th Congress (2019-2021), out of 16,601 pieces of legislation that were introduced, only 2% of bills and 4% of resolutions that were introduced were adopted (2). In addition to bills becoming laws through the process described above, the President can also take actions such as Executive Orders, Presidential Memoranda, and Presidential Proclamations (3). Of these, Executive Orders (EOs) hold the power of a law, and can be used to create organizations or issue other federal directives. They must cite the specific authority the President has to make the EO, and must be published in the Federal Register. Presidential Memoranda are similar to EOs in that they also hold the power of law, but don’t require publishing in the Federal Register. They are typically used to delegate tasks, start a regulatory process, or direct an agency to action. Through Presidential Proclamations, communication of information about holidays, special observances, trade, and policy occurs. Proclamations from 1994 to the present are available for download online (4). It is important to note that while the process detailed above highlights the federal legislative process, the same process occurs at the state level, and advocacy is still an essential component. Interested in advocating? Learn more about legislation you care about and what stage it’s at by checking out congress.gov and govtrack.us, and check out our Resources page to learn more about easy ways to voice your values to your legislators! Footnotes: (1) Subcommittee: A smaller group within a Senate or House committee that takes on some of the work from the main committee. https://www.senate.gov/reference/glossary_term/subcommittee.htm#:~:text=subcommittee%20%2D%20Subunit%20of%20a%20committee,for%20more%20than%203%20days (2) https://www.govtrack.us/congress/bills/statistics (3) https://www.usa.gov/how-laws-are-made#item-35862 (4) https://www.federalregister.gov/presidential-documents/proclamations
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