The University of Colorado at Boulder Law School

Federal Legislation: How Laws Are Made

A "Congress" is a two year period following a biennial election of all Representatives and one-third of the Senate. The Congress consists of two sessions.

Membership

• House of Representatives: 435 Representatives
• Senate: 100 Senators (2 for each state)

Unique Roles

• House of Representatives originates all revenue bills (by constitutional mandate) and, by tradition, all appropriation bills.
• Senate ratifies all treaties and Presidential appointments (by constitutional mandate).

A "bill" is proposed legislation.

• One Representative or Senator "sponsors" a bill.
• Two or more Representatives or Senators "co-sponsor" a bill.
• Once introduced, the bill is numbered sequentially, and then referred to an appropriate committee.
• The committee will usually take no immediate action unless the committee chair is a sponsor or co-sponsor of a bill.

Committee Hearings

• The committee may hold hearings.
• There may subsequently be a "markup" of the bill.
• "Markup" means an editing or amending of the bill in committee.

Floor Debates

• Once it is "reported out" of committee the bill must then be considered on the floor of the chamber.
• If the bill is brought to the House floor, the House Rules Committee may adopt a resolution (which may be debated) stating rules for the consideration of that specific bill on the House floor.
• The Senate has its famous filibuster and cloture procedure.

Conference Committee

• If the House and Senate vote on similar but not identical bills, a conference committee will meet to draft a bill acceptable to both chambers.

Presidential Approval or Veto

• Once a bill is approved by both chambers, it is submitted to the President of the United States for her signature.
• If she signs the bill, it either becomes law immediately or on a given effective date.
• If she vetoes the bill, it may still become law if each chamber votes by 2/3´s of the membership to override the Presidential veto.
• If Congress is in session and the President fails to sign or veto the bill, it becomes law.
• If Congress adjourns and the President fails to sign the bill within ten days, the result is a veto, known as a "pocket veto."