Law Making Process in the USA - Research Paper Example

American Government Paper, Law Making Process INTRODUCTION Law making process is identified as a legislative process of formulating legal norms on the basis of law idea. It is a complex procedure and a state plays an important role in the implementation of law idea into legal norms. The legal norms developed are used as an effective procedure of meeting the needs of the society and the states of the United States. The process is required to be based on the concept of democracy in accordance with which the developmental needs of the society are met successfully. In this regard, the process should be systematic in order to reflect the changing interests as well as demands of the society (Waldron 335-355). In the law making process followed in the US government, the members of the Congress are recognized to be playing a dominant role in introducing legislation or bill legitimately. Correspondingly, individuals introducing the bill are known as sponsors and members adding their names in the bill as cosponsors. Members of the House or Senate usually formulate the legislative laws. Subsequently, the laws introduced are studied and scrutinized by the committee members representing the House (UIC 1-7). With this consideration, the research paper emphasizes the process of law making in the US Government. The entire path through which the bill goes through Congress before reaching the president is evaluated. The paper will also discuss the different roles played by committee in the procedure of law making. LAW MAKING PROCESS IN THE US In the US, the law making process is identified as a complex procedure. The Congress is entrusted with the responsibility of formulating legal norms that are to be legitimated for the benefit of the societies in the US. Laws are introduced effectively by the House of Representatives and/or by the Senate. In this context, there are two types of bills which include House bill and Senate bill that are formulated as well as implemented for the benefits of the public. The constitution of the US is segregated into three segments that include legislative, executive along with judicial. Consequently, the laws are formulated by the actions undertaken by each branch in relation to legal ideas that are presented through bills. A bill is traced from introduction to the legislative phase which is termed as legislative history. The Senate and/or member of the House develop legislative laws from bill and/or resolution that are introduced. Contextually, bills are usually originated in the form of new law or alteration of current law or elimination of certain specific existing law. The bills introduced by the representatives of the House of the Senate are required to be presented to the committee with the intention of ensuring that they are implemented appropriately (Washington State Legislature, “Guide to law making”). There are various procedures on the basis of which bills are introduced that include bills drawn by standing committees, special committees to handle specific issues in the legislative law and on the suggestion of the president or executive officials. Subsequently, initiated bills are forwarded for public hearings with the intention of listening to the viewpoints of individuals who are for or against the bills introduced. Subsequently, the members of the committee are required to play an effective role in the implementation process of the legislative process (Naeyc, “Steps in Making a Bill a Law: The Federal Legislative Process”). Roles of Committee. In the procedure of law making, the committee plays a significant role in ensuring that the legislative bill is legitimated in an appropriate manner. In this regard, committee’s chairman is required to take decisive actions in order to decide whether there will be hearing or ‘mark up’. The committee arranges for hearing in the subcommittee level with the aim of ascertaining that the number of votes for as well as against the policies of the bills. Afterwards, the bills are passed based on the viewpoints of the legislative members to the President for developing them as legislative law. On the other hand, mark up is determined as an important phase where the committee members meet in an official manner with the purpose of making suitable amendments in the bills that are introduced. Accordingly, the chairperson of the committee making necessary changes on the basis of amendments forward the bills to the other committee members. After amendments of the bills, the committee members vote in order to make decisions in the field of making appropriate decisions relating to re-scrutinizing the language of the amended bills or to make a reassessment of the amended bills with other committee. Respectively, it can be identified that the committee members are required to play an effective role in the law making process owing to their responsibilities of examining the policies that are included in the bills introduced and accordingly, make necessary amendments that are essential for the benefits of the society in the US (Cengage Learning 1-28; Heitshusen 1-13). Committee Report. In this respect, the staff member of the Chairperson is entrusted with the responsibility of writing and presenting the facts in a report, which describes different information. The report comprises different facts that include legislation intention, legislative history and the position held by the committee’s members. The report formulated is presented in a printed format to members of the legislative council. The bills in different instances are identified to ‘die’ owing to numerous factors that include inefficient time, majority report and minority report. The bills that are initiated ‘die’ due to inadequate time for committee members to hear all the bills that are assigned. Additionally, bills might be reported out in the case, where a majority of the members of the committee has signed for reporting out of a bill. The bills can also ‘die’ in a situation where committee members have dissenting viewpoints on the policies that are introduced through a bill (Heitshusen 1-13). In the similar context, the committee is also assigned to play an effective in case of bills introduced in the Senate. In case of the Senate, the votes of the members are made in an oral manner. Additionally, the votes of the members are required to be provided with their signature. Besides, the committee members are facilitated with the opportunity of signing as well as removing their respective signatures from the bills until they are passed out from the committee of the law-making department. Contextually, tracing is made in the legislative law with the intention of determining the procedures in accordance with which the bills are transformed into legislative law. Accordingly, an analysis of the procedures assists in having a complete understanding of the facts and policies that are included in the bills. Additionally, tracing aids in determining the appropriateness of the bills to be implemented as legislative law (Heitshusen 1-13). Debates and Votes. The bill passed from the committee is required to go through a complex procedure based on which the Speaker representing the House as well as Majority Leader from the Senate should reassess the bills. The bills are reassessed in the case of full conduction of debate body along with amendments. Moreover, there are different procedures based on which debate is conducted in the House and the Senate. In the House, Rules Committee is entrusted with the responsibility of providing permission to a representative based on which he/she might propose for an embedment in the introduced bill. Conversely, in the Senate, a senator without warning makes amendments with the aim of enhancing the underlying bill. Subsequently, in order to make the amendments prior to the final passage of the bill, there is a requirement of majority vote. In this similar context, amendments are also identified to be accepted on the basis of voice vote. After making necessary amendments in the House and the Senate, the bills are forwarded to other chamber, where similar procedures of law making are conducted as implemented by the House and the Senate which include committee and debates as well as votes. In the chamber, the bills might be approved or received or ignored or amended before forwarding (Heitshusen 1-13). Conferences on a Bill. The bills forwarded from the chamber are required to be scrutinized with the intention of ensuring they are transformed into effective legislative laws. In this manner, in case of minor changes made by the other chamber, the bills are transferred to the chamber, where they were originated in order to conduct concurring vote. In contrast, the bills passed from the House and the Senate with adequate changes or differences, a conference committee is developed with the aim of reconciling the differences that exists amid the bills. In this regard, the conference committee is provided with the responsibility of seeking that the two bills are merged to act as a single bill. Correspondingly, in the case of coming to an unreachable agreement by the conferees, the legislation is deemed to die. On the other hand, the conferees reaching an agreement prepare conference report in accordance with the changes that are made by the members of the committee. The bill thus should be offered with the approval from the House and the Senate with respect to the conference report in order to develop it as legislation. Respectively, in the case of disapproval from the House and the Senate in relation to the conference report, the bill is recognized to die (Heitshusen 1-13). Action by the President. In case of approval of the bill from both the House and the Senate, the President is provided with the final bill. The President on receiving the legislation is required to go through it and subsequently his approval along with sign transforms such legislation into a law. Additionally, the legislation is automatically transferred as a bill in the case of the President not taking action for the legislation presented for ten days while the Congress is present in the session. Moreover, the President is provided with the right of veto in order to oppose the legislation. The President is also offered with the right of pocket veto with the aim of rejecting the veto after the adjournment of the second session (Heitshusen 1-13). Overriding a Veto. The bills that are vetoed by the President might be reassessed by the Congress, which is identified as ‘override the veto’. In this regard, the vetoed bill of the President can be overridden with the assistance of two-third members, which is sufficient for developing a quorum. Moreover, the legislation on being signed by the President is transformed into law. The bill is transformed into law after the approval from the President (Heitshusen 1-13). CONCLUSION It can be comprehended from the above analysis of the process associated with law making that the Congress members of the US Government are required to play an important role in formulating appropriate legal norms on the basis of law ideas. The legal norms are formulated in order to ensure that the needs as well as the requirements of the people of the society in the US are met successfully. The law making procedure is based on certain complex steps with the intention of ensuing that appropriate legislation is developed for better governmental regulations along with public benefits. It has been identified that there are two types of bills which include House bill and Senate bill formulated by the representatives of the House and the Senators respectively. The committee scrutinizes the bills introduced in an effective manner so that appropriate amendments are made in accordance with the viewpoints from the members of the committee. Subsequently, committee report is devised signifying the legislation intention, legislative history and positions of committee members. The other chamber of the legislative body excluding the House and the Senate is also provided with the opportunity of scrutinizing the policies of the legislation. Additionally, conference report is prepared with the approval from both the House and the Senate on the basis of which the final bill is forwarded to the President. In the purview, the President approving and signing the bill transfers the legislation into legislative law. Thus, it is affirmed that despite the President having the final authority to make a legislation into a law, the role played by the committees is of paramount importance to aid the President in his final decision making process. Works Cited Cengage Learning. “Representation and Lawmaking in Congress.” Chapter 1 (2008): 1-28. Print. Heitshusen, Valerie. “Introduction to the Legislative Process in the U.S. Congress.” Congressional Research Service (2012): 1-13. Print. “Steps in Making a Bill a Law: The Federal Legislative Process.” Naeyc. n.d. Web. 01 Apr. 2014. UIC. “Lawmaking in the United States.” Documents (2004): 1-7. Print. Washington State Legislature. “Guide to law making.” Education and Information (2013): 1-52. Print. Waldron, Jeremy. “Representative Lawmaking.” Boston University Law Review 89.335 (2008): 335-355. Print. Read More