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== How Laws are Made ==

== How Laws are Made ==

The basic process for passing a federal law is as follows: A committee in the House of Representatives drafts a new statute, and typically holds a public hearing about the proposed law.  Experts and members of the public are allowed to testify about the proposed law at the hearing, and this becomes part of the legislative history for the law if it eventually passes, which can be used by courts in interpreting what the law means.  Comments by legislators at the committee hearings, and when the bill is debated later on the floor of Congress or the state legislative body, also become part of the legislative history.

The basic process for passing a federal law is as follows: A committee in the House of Representatives drafts a new statute (a "bill"), and typically holds a public hearing about the proposed law.  Experts and members of the public are allowed to testify about the proposed law at the hearing, and their comments at the hearing ("testimony") becomes part of the legislative history for the law if it eventually passes, which can be used by courts in interpreting what the law means.  Comments by legislators at the committee hearings, and when the bill is debated later on the floor of Congress (or a state legislative body, if it is a proposed state law), also become part of the legislative history.

If the committee approves the bill, then it is sent to the House Rules Committee, which will dictate the rules for debate and amendment by the full House prior to a vote.  If it ultimately passes the full House, it then proceeds to a committee in the Senate, which may revise it before approving or rejecting it.  If the Senate committee approves it, perhaps in revised form, then it goes to the full Senate for passage.  Amendments may be proposed by any senator, and any senator may try to block by a vote by arguing indefinitely (this is known as a filibuster).  In the Senate, 60 votes are necessary to end a filibuster and force a final vote.

For a bill in the House of Representatives (Congress), if the committee members vote in favor of the bill, then it is sent to the House Rules Committee, which will dictate the rules for debate and amendment by the full House prior to a full vote by all House members.  If it ultimately passes the full House, it then proceeds to a committee in the Senate, which may revise the bill before approving or rejecting it.  If the Senate committee approves it, perhaps in revised form, then it goes to the full Senate for passage.  Amendments may be proposed by any senator, and any senator may try to block a vote by arguing indefinitely (this is known as a filibuster).  In the Senate, 60 votes are necessary to end a filibuster and force a final vote by the full Senate.

If it passes the Senate, then it is compared to the House version.  If they were identical, then it proceeds directly to the president for approval or rejection.  But if the House and Senate versions are different, then it must go to a specially appointed joint committee representing both chambers. They attempt to resolve the differences and present an identical version for new approval by the House and Senate.  If the revised version is approved by both the House and Senate, it then goes to the president.

If the bill passes the Senate, then it is compared to the House version.  If they are identical, then it proceeds directly to the president for approval or rejection.  But if the House and Senate versions are different, then it must go to a specially appointed joint committee representing both chambers. They attempt to resolve the differences and present an identical version for new approval by the House and Senate.  If the revised version is approved by both the House and Senate, it then goes to the president.

If the president signs the bill in ten (10) days (excluding Sundays), or fails to return it without a signature and Congress is in session, then it becomes law.  If the president vetoes the bill, or fails to return it in ten (10) days (excluding Sundays) and Congress is no longer in session (the “pocket veto”), then it does not become law.  (A famous example of the pocket veto was President Lincoln’s refusal to sign his own Party’s Wade-Davis Bill in 1864, which would have imposed harsh penalties on Confederate officials.)  Congress may attempt to override any type of veto, but it needs 2/3 approval in both the House and Senate to do so.  See Article I, Section 7, clause 2 (p. 320).

If the president then signs the bill within ten (10) days (excluding Sundays), or fails to return it without a signature and Congress is in session, then it becomes law.  If the president vetoes the bill, or fails to return it in ten (10) days (excluding Sundays) and Congress is no longer in session (this is a “pocket veto”), then it does not become law.  (A famous example of a pocket veto was President Lincoln’s refusal to sign his own Party’s Wade-Davis Bill in 1864, which would have imposed harsh penalties on Confederate officials.  A pocket veto allows the president to quietly cause the veto of a bill without a great deal of negative publicity.)  Congress may attempt to override any type of veto, but it needs 2/3 approval in both the House and Senate to do so.  See Article I, Section 7, clause 2.

Overrides of vetoes were very rare prior to President Andrew Johnson.  Only three presidents have been overridden ten or more times: Presidents Andrew Johnson, Harry Truman and Gerald Ford.  The reason is simple: each faced a Congress that was dominated by the opposing political party.  Republican President Reagan vetoed 78 bills of Congress, but was only overridden nine times.  That is remarkable given his principled positions and the overwhelming Democratic control of the House of Representatives during his presidency.

Overrides of vetoes were very rare prior to President Andrew Johnson.  Only three presidents have been overridden ten or more times: Presidents Andrew Johnson, Harry Truman and Gerald Ford.  The reason is simple: each faced a Congress that was dominated by the opposing political party.  Republican President Reagan vetoed 78 bills of Congress, but was only overridden nine times.  That is remarkable given his principled positions and the overwhelming Democratic control of the House of Representatives during his presidency.

The Republican-controlled House voted to override President Clinton’s veto of the ban on partial-birth abortion, but the Senate lacked the 2/3rd majority required.  It was not until President Bush was elected in 2000 and the Republicans captured the Senate in 2002 that now it appears this bill will be enacted into law.  With Bush agreeing to sign the bill, only a majority (rather than 2/3rd) vote is necessary in Congress to enact it.

The Republican-controlled House voted to override President Clinton’s veto of the ban on partial-birth abortion, but the Senate lacked the 2/3rd majority required.  It was not until President Bush was elected in 2000 and the Republicans captured the Senate in 2002 that the ban on partial-birth abortion became federal law, with President George W. Bush's signature.  Because President Bush would sign it, only a majority vote was needed in Congress to pass it.

== Legislative History ==

== Legislative History ==