How Our Laws Are Made

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How Our Laws Are Made

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How Our Laws Are Made This brochure is intended to provide a basic outline of the numerous steps of our federal lawmaking process from the source of an idea for a legislative proposal through its publication as a statute.

The legislative process is a matter about which every person should be well informed in order to understand and appreciate the work of Congress.

It is hoped that this guide will enable readers to gain a greater understanding of the federal legislative process and its role as one of the foundations of our representative system. One of the most practical safeguards of the American democratic way of life is this legislative process with its emphasis on the protection of the minority, allowing ample opportunity to all sides to be heard and make their views known.

The fact that a proposal cannot become a law without consideration and approval by both Houses of Congress is an outstanding virtue of our bicameral legislative system. The open and full discussion provided under the Constitution often results in the notable improvement of a bill by amendment before it becomes law or in the eventual defeat of an inadvisable proposal.

As the majority of laws originate in the House of Representatives, this discussion will focus principally on the procedure in that body.

View How Our Laws Are Made

Revised and Updated by Charles W. Johnson
Parliamentarian, United States House of Representatives
Presented by Mr. Ney
June 30, 2003

Table of Contents

Foreword
I. Introduction
II. The Congress
III. Sources of Legislation
IV. Forms of Congressional Action

    * Bills
    * Joint Resolutions
    * Concurrent Resolutions
    * Simple Resolutions

V. Introduction and Referral to Committee
VI. Consideration by Committee

    * Committee Meetings
    * Public Hearings
    * Markup
    * Final Committee Action
    * Points of Order with Respect to Committee Hearing Procedure

VII. Reported Bills

    * Contents of Reports
    * Filing of Reports
    * Availability of Reports and Hearings

VIII. Legislative Oversight by Standing Committees
IX. Calendars

    * Union Calendar
    * House Calendar
    * Private Calendar
    * Corrections Calendar
    * Calendar of Motions to Discharge Committees

X. Obtaining Consideration of Measures

    * Unanimous Consent
    * Special Resolutions or "Rule"
    * Consideration of Measures Made in Order by Rule Reported from the Committee on Rules
    * Motion to Discharge Committee
    * Motion to Suspend the Rules
    * Calendar Wednesday
    * District of Columbia Business
    * Questions of Privilege
    * Privileged Matters

XI. Consideration and Debate

    * Committee of the Whole House
    * Second Reading
    * Amendments and Germaneness Rule
    * The Committee "Rises"
    * House Action
    * Motion to Recommit
    * Quorum Calls and Rollcalls
    * Voting
    * Electronic Voting
    * Pairing of Members
    * System of Lights and Bells
    * Recess Authority
    * Live Coverage of Floor Proceedings

XII. Congressional Budget Process
XIII. Engrossment and Message to Senate
XIV. Senate Action

* Committee Consideration
* Chamber Procedure

XV. Final Action on Amended Bill

    * Request for a Conference
    * Authority of Conferees
    * Meetings and Action of Conferees
    * Conference Reports
    * Custody of Papers

XVI. Bill Originating in Senate
XVII. Enrollment
XVIII. Presidential Action

* Veto Message
* Line Item Veto

XIX. Publication

    * Slip Laws
    * Statutes-at-Large
    * United States Code

Appendix

* Select List of Government Publications
* Earlier Printings

Download How Our Laws Are Made

PDF format, 204KB, 67Pages.

FOREWORD:

First published in 1953 by the Committee on the Judiciary of the House of Representatives, this 23rd edition of "How Our Laws Are Made" reflects changes in congressional procedures since the 22nd edition, which was revised and updated in 2000. This fiftieth anniversary edition was prepared by the Office of the Parliamentarian of the U.S. House of Representatives in consultation with the Office of the Parliamentarian of the U.S. Senate.

The framers of our Constitution created a strong federal government resting on the concept of "separation of powers." In Article I, Section 1, of the Constitution, the Legislative Branch is created by the following language: ‘‘All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.’’ Article I, Section 5, of the Constitution provides that: ‘‘Each House may determine
the Rules of its Proceedings, . . .’’.

Upon this elegant, yet simple, grant of legislative powers and rulemaking authority has grown an exceedingly complex and evolving legislative process—much of it unique to each House of Congress.

To aid the public’s understanding of the legislative process, we have revised this popular brochure. For more detailed information on how our laws are made and for the text of the laws themselves, the reader should refer to government internet sites or pertinent House and Senate publications available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

CHARLES W. JOHNSON.

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