77 H. Reading: The Legislative Process
Learning Objectives
After reading this section, you should be able to answer the following questions:
- How does a bill become law?
- How do members of Congress develop and draft legislation?
- How does the congressional budget process work?
The primary responsibility of Congress is making laws. Lawmaking is no easy task. Political scientists have characterized Congress as “a procedural obstacle course that favors opponents of legislation and hinders proponents.”[1] It often takes years before a bill is passed. Only a small number of bills that are introduced, formally proposed by members of the House and Senate, become law. On average, close to eleven thousand bills are introduced in the House and Senate during a two-year legislative session and fewer than four hundred become laws.[2]
The process of making laws involves complex written rules and procedures, some of which date back to 1797, when Vice President Thomas Jefferson prepared a rule book to help him carry out his responsibilities as president of the Senate. Jefferson’s Manual was adopted by the House and remains the authoritative statement of rules except where it has been superseded by provisions passed by members. In addition, there are fifteen volumes of parliamentary procedures and supplementary manuals of notes specifying current rules that pertain to lawmaking in the House. Similar reams of codes exist in the Senate.[3]
Making Laws
The textbook legislative process begins when a member of the House or Senate introduces a bill, which then is referred to appropriate committees within each body. Committees decide whether or not a bill is recommended for floor action, where it will be debated and voted on. The House and Senate must pass identical versions of a bill before it can be sent to the president to be signed into law.
Video Clip: Schoolhouse Rock—How a Bill Becomes a Law
Figure 1. How a Bill Becomes a Law
Few bills are passed via the organized, step-by-step, textbook process. Since the 1970s, “unorthodox lawmaking” has become the norm. Most bills wend their way through a circuitous path filled with political and procedural roadblocks.[4]Individual members, especially those seeking reelection, weigh in on bills, resulting in an often contentious atmosphere for lawmaking.
Developing Legislation
Members develop ideas for legislation from myriad sources. Most often, proposals stem from campaign promises and issues germane to members’ districts brought to their attention by constituents and lobbying groups.[5] Senator Warren Magnuson (D-WA) initiated a spate of legislation that led to the establishment of the Consumer Product Safety Commission in the 1970s after being shown an X ray of shrapnel embedded in a constituent’s skull resulting from an accident involving a power lawn mower.[6] Political parties may encourage members to develop legislative initiatives that support their agendas. Members may see a need to revise or repeal an existing la