How a Bill Becomes Law in the U.S. Federal System

Introduction & Context

• Reference point: Schoolhouse Rock’s “I’m Just a Bill” → lecturer offers an “adult version” covering the federal process in 10 basic steps.

• Applies to U.S. Congress; state/territorial procedures differ but share a similar template.

• Key constitutional principles embedded throughout:

  • Bicameralism (approval by both chambers)

  • Presentment (submission to the President)

  • Checks & balances to prevent unilateral law-making.

STEP 1 – Bill Drafted

• Source of the idea

  • Member of Congress, constituent, lobbyist, executive branch, agency, etc.

• Types of proposed legislation

  • Bills: public (general applicability) vs. private (targeted to a person/org).

  • Joint resolutions: identical to bills except may propose constitutional amendments.

  • Concurrent resolutions: need approval of both chambers, no presidential signature, no force of law; used for bicameral rules or sentiments (e.g., adjournment time, congratulating an Olympic host).

  • Simple resolutions: adopted by one chamber only; no presidential signature; no force of law; internal matters (e.g., Senate rule change, condolences for deceased member).

• Drafting mechanics

  • Text usually produced by congressional staff, sometimes written entirely by outside actors.

  • Precision in terminology: although “bill” is colloquially used for anything, legal practice distinguishes each category.

STEP 2 – Bill Introduced

• Sponsorship terminology

  • First member to submit = sponsor.

  • Additional members signing on = co-sponsors (plural when \ge 2).

• Timing: can occur only while Congress is in session (not in recess).

• House procedure

  • Physical placement in the “hopper” box at the Speaker’s rostrum.

  • Clerk assigns number beginning HR ###.

  • Numbering prefixes:

  • House bill → HR

  • Joint resolution → HJ Res

  • Concurrent resolution → H Con Res

  • Simple resolution → H Res

• Senate procedure

  • Handed to presiding officer’s desk or introduced orally on the floor.

  • Numbering prefixes:

  • Senate bill → S ###

  • Joint resolution → SJ Res

  • Concurrent resolution → S Con Res

  • Simple resolution → S Res

STEP 3 – Committee Action

• Standing committees

  • House: 20; Senate: 16.

  • Jurisdictional specialties (Agriculture, Education, Judiciary, etc.).

• Subcommittee stage

  • Immediate referral common; performs debate, markup (amendment process), votes.

• Full committee stage

  • Reviews subcommittee product; additional markup possible.

  • May substitute an entirely clean bill (new number).

  • Options:

  • Approve and report forward.

  • "Table" (cease action) → bill effectively dies.

• Practical reality: Most bills die in committee.

• Tracking tool: Library of Congress “Bill Search” website.

STEP 4 – Reported to the Floor

• When approved, committee can:

  • Send back to subcommittee for deeper study (rare).

  • Report bill to chamber floor with written report summarizing intent & changes.

STEP 5 – Chamber Floor Consideration

• House

  • Access pathways (multiple, not detailed here) determine scheduling.

  • Rules Committee issues “special rule” dictating debate length, amendment limits, etc.

• Senate

  • Lacks a formal rules committee for bills; scheduling at discretion of Majority Leader in consultation with leadership.

  • Senate’s more open amendment tradition (filibuster possibilities implicitly present though not detailed here).

• During debate

  • Members propose amendments consistent with governing rule.

  • Once debate/amendment period closes, bill moves to vote.

STEP 6 – Voting in the Originating Chamber

• Bill is read by title only before vote.

• Voting mechanics

  • House (435 members): electronic system registers Yea / Nay / Present.

  • Senate (100 members): typically verbal/hand (“thumbs up & down”) for smaller body.

  • “Present” = attendance acknowledged, no stance (politically useful abstention).

• Threshold: simple majority of those voting passes the bill.

  • House example: \text{majority of }435.

  • Senate example: \text{majority of }100.

• Upon passage → bill is engrossed (certified final text) & shipped to the other chamber.

STEP 7 – Consideration in the Second Chamber & Conference Committee

• Receiving chamber choices:

  1. Refer to its own committee(s) for study/markup.

  2. Ignore & proceed with an independent bill on same topic.

  3. Bring bill directly to floor for debate & vote.

• Language mismatch problem

  • Bills must be identical word-for-word before presentment.

  • Divergent versions → conference committee consisting of members from both chambers.

• Conference committee output

  • Produces a compromise bill (“conference report”).

  • No further amendments permitted in either chamber.

  • Final up-or-down vote in both House and Senate.

• When both chambers approve identical text → bill is enrolled and sent to the President.

STEP 8 – Presidential Action (Presentment)

• President receives enrolled bill → options within 10 days (excluding Sundays).

  1. Sign → bill becomes law immediately.

  2. Do nothing while Congress remains in session → bill automatically becomes law after 10 days (constitutional default).

  3. Pocket veto: do nothing while Congress has adjourned → bill dies.

  4. Veto: return unsigned bill with written objections to originating chamber.

• Only scenarios 1 & 2 create law at this stage; 3 kills bill, 4 triggers override process.

STEP 9 – Veto Returned to Congress

• Originating chamber reads President’s objections into the record & debates merits.

• Possible outcomes:

  • No override vote (or fails) → bill stalled; does not become law.

  • Override vote scheduled → proceeds to super-majority requirement.

STEP 10 – Overriding the Veto

• Threshold: \frac{2}{3} of both House and Senate (super-majority).

  • House: \frac{2}{3} \times 435 \approx 290 votes.

  • Senate: \frac{2}{3} \times 100 = 67 votes.

• If both chambers achieve super-majority → veto overridden; bill becomes law without presidential signature.

• If either chamber falls short → bill dies.

Practical & Ethical Implications

• Emphasizes separation of powers: legislative initiative ≠ unilateral approval; executive check via veto; super-majority safeguard for override.

• Encourages negotiation & coalition-building (e.g., co-sponsors, amendments, conference committees).

• Illustrates influence of non-government actors (constituents, lobbyists, agencies) in drafting stage → raises normative debates about transparency & lobbying.

• High attrition (most bills die in committee) acts as a gatekeeping feature, sparing floor time but potentially stifling innovation.

Numerical & Procedural Quick Facts (Exam Ready)

• Standing committees: House 20, Senate 16.

• House membership: 435; Senate: 100.

• Override super-majority: \frac{2}{3} each chamber (House \approx 290, Senate 67).

• Presidential decision window: 10 days (Sundays excluded).

• Chambers’ numbering prefixes: HR / HJ Res / H Con Res / H Res vs. S / SJ Res / S Con Res / S Res.

Key Vocabulary Cheat-Sheet

• Sponsor / Co-sponsor

• Hopper

• Engrossed vs. Enrolled

• Markup

• Tabling a bill

• Conference committee / conference report

• Pocket veto

• Present vote

• Simple vs. Concurrent vs. Joint Resolution

Connections & Real-World Relevance

• Mirrors constitutional structure set by Article I (bicameral legislature) & Article II (executive veto power).

• Demonstrates how gridlock or efficiency depends on partisan alignments across House, Senate, and Presidency.

• Historical examples: Civil Rights Act (conference committee negotiations), War Powers Resolution (veto override), Proposed ERA (joint resolution for amendment).

• Popular culture tie-ins: “Schoolhouse Rock” cartoon—pedagogical shorthand that omits many procedural nuances (rules committee, pocket veto, etc.).

Study Tips

• Memorize the 10-step flow with the associated verbs: Draft → Introduce → Committee → Report → Debate → Vote → Other Chamber → President → Veto → Override.

• Link each step to its gatekeeper: staff, clerk, committee chair, rules committee, majority leader, president.

• Practice tracing hypothetical bill scenarios (e.g., Senate changes language → conference → pocket veto → failed override) to test comprehension.