How Laws Are Made in America
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History
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Laws have existed since the beginning of civilization. Most laws have ties to religious beliefs, and even in the United States the 10 Commandants are etched on the wall behind the bench of the U.S. Supreme Court.
In the United States, laws are made at different levels, usually in connection with a governmental entity. Cities, counties, states and the federal government all make laws.
Legislative law is created through Congress or state legislative bodies. But agencies, both on the state and federal level, can create adminstrative laws.
The U.S. president also can use an executive order to create a law.
City and County Law
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Most municipalities have a council or commission, headed by a mayor or manager.
Laws usually begin as an issue or an idea, for example, limiting the size of a recreational vehicle that can park on a street or setting speed limits in town, usually fall within a municipality's jurisdiction.
It might begin as an idea or discussion at a public City Council or County Commission meeting. At other times, city agencies write the law and present it at a public meeting to the Council.
The proposed law is usually read once, then a date is set for public input and debate.
Once it is publicly debated, the law might be amended or given preliminary approval as it is written. Then the proposal is often presented again at another meeting and put to a public vote.
City and County leaders can choose to ask voters whether they approve of a change in law, and place it for a vote during a scheduled election.
Laws usually include a date on which it will be enacted, or begin.
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State Law
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State laws are created by a state's governing body, whether it is a legislature or general assembly.
Bills that will be introduced to the governing body to be passed into law often begin with an idea or an issue or a recommendation by a state agency or a task force. For example, a law to raise the age at which a driver can obtain a license might start with an issue/report about an increase in the death of teenage drivers due to traffic accidents. The Department of Highway Safety might ask a lawmaker to change the law.
In most states, state senators and representatives can prefile bills before a legislative session begins. Once a bill is filed it is given a number and bears the name of the lawmaker who filed the legislation. Any other legislator who agrees with the bill and wants to support can sign on to be a co-sponsor of the bill.
Every bill is assigned to a committee that oversees the area of law to which the bill refers. The bill must be read and passed out of committee before it is sent to the House of Representatives or Senate (except for Nebraska, which has a unicameral style--only one legislative body--of government.)
A committee can ask to hear testimony from agencies or individuals with a stake in the legislation. Usually the sponsor (lawmaker who filed the bill) will address a committee about the merits of the proposed law. A bill can be changed, or "marked up" before it leaves committee.
Depending on whether a bill was filed by a senator or a House member--where the bill originated--the legislative body must accept the committee report before a bill will be read. The bill must then be placed on the official calendar for first reading a vote of the legislative body. If the body votes aye, the bill is placed on the daily calendar for its second reading.
After the second reading a bill can be debated and amended on the floor.
Any lawmaker can add an amendment to a bill, though most states have requirements that an amendment must pertain to the original intent of the bill.
Once a bill passes a second reading, it is again placed on the calendar for a third and final reading and a vote of the full legislative body. If the bill passes it is sent on the the other legislative body, for example, a bill that passes the House is then sent to the Senate.
The presiding officer then assigns the bill to its own legislative body committee, where it is subjected to the same scrutiny as the earlier committees. A bill can be changed before a report is sent to the full body.
A bill again goes through the same process, being placed on the calendar, debated, amended and passed on the third and final reading. The bill is then returned to the originating body, where lawmakers can choose to accept the changes made along the way, or they can send the bill back to a joint or conference committee (made up of members from both the House and the Senate) for debate and amendment.
Once all the changes have been argued in committee, the bill is again placed on the calendar of the originating body, read and voted upon.
If the bill passes, it is sent to the governor's office for a signature. A governor can sign or veto a bill. Once signed, the bill becomes law on the date set forth in the legislation. If vetoed, the bill is returned to the originating body, which can then try to override the veto by a two-thirds majority. It must also pass the second legislative body by a two-thirds vote in order to override the veto.
Federal Law
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Federal laws are created and passed in the same manner as state laws (state laws adopted the congressional model.)
At the federal level, a bill becomes law if signed by the president. But it also can become a law without the president's signature if it is not signed within 10 days and Congress is in session.
The president can purposely choose to not sign or veto a law outright. A "pocket veto" occurs if Congress adjourns before the 10 days and the president has not signed the bill.The President can veto a bill and send it back to Congress with a note listing the reasons. The originating chamber can try to override the veto by a vote of two-thirds. If the veto of the bill is overridden in both chambers then it becomes law.
On the federal level, a president can also write and sign an executive order to make law.
American law is based on the U.S. Constitution and a bill cannot become a law if it contradicts the Constitution.
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References
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- Photo Credit courtesy of morguefile.com
