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Legislative

The United States Legislative branch is one of the three branches of the federal government, alongside the Executive and Judicial branches. Its primary function is to create and enact laws. The Legislative branch is also known as the United States Congress, which is a bicameral legislature composed of two chambers: the Senate and the House of Representatives.

  1. Senate: The Senate is the upper chamber of Congress, consisting of 100 senators, with two senators representing each of the 50 states. Senators serve six-year terms, with one-third of the Senate up for election every two years. This staggered election process ensures continuity and stability within the Senate. The Vice President of the United States serves as the President of the Senate, casting a tie-breaking vote in the event of a deadlock.
  2. House of Representatives: The House of Representatives is the lower chamber of Congress, consisting of 435 members. Representation in the House is based on each state's population, with more populous states having more representatives. Each state is guaranteed at least one representative. House members serve two-year terms, with all seats up for election every two years.

The Legislative branch operates through a system of committees and subcommittees in both chambers. These committees specialize in specific policy areas and are responsible for researching, drafting, and revising legislation. Once a bill is introduced in either chamber, it is referred to the appropriate committee for review and possible amendments. If the committee approves the bill, it is sent to the floor of the respective chamber for debate and a vote.

To become law, a bill must pass both the House and the Senate in identical form. If there are differences between the versions passed by each chamber, the bill goes to a conference committee, composed of members from both the House and Senate, to negotiate a compromise. Once the final version is agreed upon, it goes back to both chambers for a final vote. If both chambers pass the bill, it is sent to the President, who can either sign it into law or veto it. Congress can override a presidential veto with a two-thirds majority vote in both the House and the Senate.

The Legislative branch also has the power to:

  • Levy and collect taxes
  • Borrow money on behalf of the United States
  • Regulate commerce with foreign nations and between states
  • Establish a uniform rule of naturalization and bankruptcy laws
  • Coin money and regulate its value
  • Declare war and maintain armed forces

Additionally, the Legislative branch has oversight and investigative powers, which allow it to monitor and check the Executive and Judicial branches' activities, ensuring a balance of power within the federal government.

What is legislation?

Legislation refers to the process of creating, amending, or repealing laws, as well as the resulting laws themselves. It involves the development, consideration, and enactment of bills, resolutions, and other forms of legal proposals by a legislative body, such as Congress in the United States or Parliament in the United Kingdom.

Legislation serves as the primary means by which a government establishes rules, regulations, and policies to govern a nation, state, or locality. It is a fundamental aspect of democratic governance and provides the legal framework within which society operates.

In the United States, legislation is enacted by the federal government through a bicameral system, consisting of the Senate and the House of Representatives. State and local governments also have their own legislative bodies that create laws and regulations specific to their jurisdictions.

The legislative process generally involves several stages, including:

  1. Drafting: The development of a proposed law, or bill, by a member of the legislative body or their staff, often in collaboration with experts, stakeholders, or constituents.
  2. Introduction: The formal submission of the bill to the legislative body, where it is assigned a bill number and referred to the appropriate committee(s) for further consideration.
  3. Committee review: The examination, discussion, and potential amendment of the bill by specialized committees and, in some cases, subcommittees within the legislative body.
  4. Floor action: The consideration of the bill by the full legislative body, including debate, potential amendments, and a vote on whether to pass the bill.
  5. Reconciliation: If there are differences between the versions of a bill passed by the different chambers of a bicameral legislature, a conference committee may be formed to reconcile the differences and produce a unified bill.
  6. Final passage: The final vote on the reconciled bill by both chambers of the legislative body.
  7. Executive action: The bill is sent to the executive branch (e.g., the President, in the case of the United States) for approval. If the executive signs the bill, it becomes law; if they veto the bill, the legislative body can attempt to override the veto with a supermajority vote.

Legislation plays a crucial role in shaping public policy, protecting individual rights, and promoting the well-being of society. It allows governments to respond to the needs and concerns of their citizens, adapt to new challenges, and provide the legal foundation for a stable and functioning society.

Types of legislation

In the United States, there are several types of legislation that Congress can consider and pass. Each type serves a different purpose and has different implications for law and policy. Here are some of the most common types of legislation:

  1. Bills: Bills are proposed laws introduced by members of Congress (either in the House of Representatives or the Senate). They can address a wide range of issues, from creating new policies and regulations to amending or repealing existing laws. If a bill is passed by both chambers of Congress and signed by the President (or if a presidential veto is overridden), it becomes law.
  2. Joint Resolutions: Joint resolutions are similar to bills in that they can create, amend, or repeal laws, but they are typically used for specific purposes or in limited circumstances. For example, joint resolutions may be used to propose constitutional amendments, authorize the use of military force, or approve the appointment of certain officials. If passed by both chambers and signed by the President, joint resolutions have the force of law.
  3. Concurrent Resolutions: These are resolutions passed by both the House of Representatives and the Senate, but they do not require the President's signature and do not have the force of law. Concurrent resolutions are typically used to express the sentiment or position of Congress on a specific issue, set the annual budget framework, or address administrative matters within Congress.
  4. Simple Resolutions: Simple resolutions are adopted by either the House of Representatives (House resolutions) or the Senate (Senate resolutions) and only apply to that specific chamber. They do not require the approval of the other chamber or the President's signature. Simple resolutions are used to address internal matters, such as establishing rules and procedures, creating or modifying committees, or expressing the sentiment of a single chamber on a particular issue.
  5. Private Bills: Private bills are a specific type of legislation that addresses issues affecting specific individuals, organizations, or entities, rather than the general public. Examples include granting citizenship to a specific person, providing relief to an individual or organization, or settling claims against the government. Like public bills, private bills must pass both chambers of Congress and be signed by the President to become law.
  6. Appropriations Bills: These are bills that allocate funding for specific government programs, agencies, or activities. Appropriations bills are necessary for the operation of the federal government, and they typically originate in the House of Representatives. The appropriations process is a crucial part of the annual budget cycle, as it determines how the government will allocate its resources.

These various types of legislation allow Congress to address a wide range of issues, from creating and modifying laws to managing internal affairs and expressing the sentiment of the legislative branch. Understanding the different types of legislation can provide insight into how the U.S. legislative process works and how policy is shaped at the federal level.

How can citizens help with legislation?

While citizens cannot directly introduce a bill in the U.S. Congress, they can play an important role in the legislative process by proposing ideas for legislation or even drafting a bill themselves. If a citizen has an idea or a draft for a bill, they can contact their congressional representative or senator and advocate for their proposed legislation. Legislators often rely on input from their constituents and various stakeholders when developing new laws.

How to write a bill

Writing a bill requires a clear understanding of the legislative process, the issue at hand, and the desired outcome. A well-written bill is concise, well-structured, and addresses the specific problem it aims to solve. Here's a step-by-step guide on how to write a bill:

  1. Identify the issue: Clearly define the problem you want to address with the legislation. Make sure to research the issue thoroughly, gathering data, facts, and any relevant existing laws or regulations.

  2. Determine the goal: Establish the specific objectives your bill aims to achieve. This may include addressing gaps in current laws, improving regulations, or creating new policies.

  3. Consult with experts: Seek input from subject matter experts, stakeholders, and other individuals or organizations affected by the issue. Their insights can help you better understand the nuances of the problem and develop an effective solution.

  4. Outline the bill: Before diving into the language of the bill, create an outline that covers the main sections and key provisions. This will help you organize your thoughts and ensure that the bill addresses all necessary aspects of the issue.

  5. Draft the bill: Begin drafting the text of the bill using clear, concise language. Bills typically follow a specific structure, which may include the following sections:

    a. Title: Provide a brief, descriptive title that reflects the content and purpose of the bill. b. Preamble: Include a brief statement explaining the purpose of the bill and the problem it aims to address. c. Definitions: Define any terms or phrases used in the bill that may be ambiguous or require clarification. d. Provisions: Detail the specific actions, regulations, or policies the bill will enact. Be clear and precise in your language, addressing all aspects of the issue. e. Enforcement: Specify the government agencies or bodies responsible for implementing and enforcing the bill's provisions. This may also include penalties or consequences for non-compliance. f. Effective date: State when the bill will take effect if it becomes law. This could be immediately upon enactment, a specific date in the future, or a phased implementation.

  6. Revise and edit: Review your draft, checking for clarity, consistency, and accuracy. Make sure the bill addresses the issue effectively and does not conflict with existing laws or regulations. It may be helpful to consult with legal experts, stakeholders, or your representative's office to ensure the bill's language is accurate and effective.

  7. Garner support: Share your draft bill with others who share your goals, such as community members, advocacy groups, or other stakeholders. Their support can help demonstrate the importance of your proposed legislation and increase the likelihood that a legislator will champion it.

  8. Collaborate with a legislator: Reach out to your congressional representative or senator, presenting your research, goals, and draft bill. If they are interested in your proposal, they may introduce it as legislation and guide it through the legislative process.

Remember that writing a bill is just the beginning of the legislative process. Once a bill is introduced, it may be subject to amendments, negotiations, and various stages of review before it becomes law, if it passes at all. Staying engaged and informed throughout the process is essential for effectively advocating for your cause.

House of Representatives

The United States House of Representatives is the lower chamber of the United States Congress, which, along with the Senate, makes up the legislative branch of the federal government. The House's primary function is to create, amend, and pass legislation. It also has the power to initiate impeachment proceedings against federal officials, including the President. Here's a breakdown of how the House of Representatives works:

  1. Composition: The House is composed of 435 representatives, with the number of representatives for each state determined by its population. Every ten years, after the U.S. Census, the seats are reapportioned among the states based on population changes. Each state is guaranteed at least one representative, and representatives serve the constituents of their congressional districts within the state.
  2. Terms and elections: Representatives serve two-year terms, with all seats up for election every two years. This structure allows for a more direct connection between the people and their elected officials. Representatives are elected through a popular vote within their congressional districts.
  3. Leadership: The Speaker of the House, elected by the members of the majority party, is the presiding officer and the highest-ranking member of the House. The Speaker sets the legislative agenda, oversees the rules and procedures, and refers bills to committees. The Majority Leader, also elected by the majority party, assists the Speaker in managing the legislative agenda and floor activities. The Minority Leader, elected by the minority party, serves as the primary spokesperson for the minority party and works to protect its interests.
  4. Committees: The House is organized into various committees and subcommittees, each specializing in a specific policy area. Committees are responsible for reviewing proposed legislation, conducting investigations, and holding hearings to gather information and opinions from experts and the public. Committee membership is divided between the majority and minority parties, with the majority party holding the chairmanship of each committee.
  5. The legislative process: The process of creating and enacting laws in the House begins with the introduction of a bill or resolution. Once introduced, it is referred to the appropriate committee for study, debate, and possible amendment. If the committee approves the bill, it moves to the House floor for further debate and possible amendments. The House Rules Committee often sets the terms for debate and amendment of a bill, including time limits and the scope of permissible amendments.
  6. Voting and passage: Once the debate concludes, the House votes on the bill. A simple majority (218 votes, if all members are present) is required for passage. If the bill passes both the House and the Senate in identical form, it is sent to the President, who can either sign it into law or veto it. The House can override a presidential veto with a two-thirds majority vote (290 votes, if all members are present).
  7. Additional powers: Beyond its legislative duties, the House has several unique powers, including the responsibility to:
    • Initiate all revenue bills (taxes, tariffs, and other revenue measures), as stated in the Constitution's "Origination Clause" (Article I, Section 7).
    • Initiate impeachment proceedings against federal officials, including the President. If the House votes to impeach, the Senate then holds the impeachment trial.

By performing these functions, the House of Representatives plays a critical role in shaping and implementing policy and maintaining a system of checks and balances within the federal government.

Committees

House committees are specialized groups within the United States House of Representatives responsible for handling specific policy areas and overseeing the legislative process. Committees play a vital role in the development, review, and passage of legislation. They also conduct investigations and oversight to ensure the proper functioning of the federal government.

There are several types of committees in the House of Representatives:

  1. Standing Committees: These are permanent committees that focus on specific legislative areas. Each standing committee has jurisdiction over bills related to its policy area. Some examples of standing committees include the Committee on Appropriations, the Committee on Ways and Means, and the Committee on Foreign Affairs.
  2. Subcommittees: Each standing committee is further divided into subcommittees that deal with more specific issues within the committee's jurisdiction. Subcommittees play a crucial role in the early stages of the legislative process, as they review and amend proposed legislation before it reaches the full committee.
  3. Select Committees: These are temporary committees created for a specific purpose, such as investigating a particular issue or overseeing a unique policy area not covered by an existing standing committee. Select committees typically have a limited duration and disband once they have completed their tasks.
  4. Joint Committees: These committees consist of members from both the House of Representatives and the Senate. Joint committees usually focus on specific administrative or oversight tasks rather than the legislative process. Examples include the Joint Committee on Taxation and the Joint Committee on Printing.
  5. Conference Committees: When the House and Senate pass different versions of a bill, a conference committee is formed to reconcile the differences and create a single, unified bill that both chambers can agree upon. Conference committees consist of members from the relevant committees in both the House and Senate.

The work of House committees involves:

  • Reviewing and amending proposed legislation: Committees and subcommittees examine bills related to their policy area, make necessary amendments, and vote on whether to advance the bill to the full House for consideration.
  • Holding hearings: Committees hold public hearings to gather information, opinions, and expert testimony related to legislation or policy issues under their jurisdiction.
  • Conducting investigations and oversight: Committees investigate specific issues or the activities of government agencies, ensuring accountability and transparency in the federal government.
  • Preparing reports: Committees prepare reports on their activities, findings, and recommendations, which can help inform other members of Congress and the public.

Committee assignments are determined by the political parties, with the majority party holding more seats on each committee and typically controlling the chairmanship. Committee chairs have significant influence over the committee's agenda, including which bills to consider and the scheduling of hearings and markups.

Senate

The United States Senate is the upper chamber of the United States Congress, which, along with the House of Representatives, constitutes the legislative branch of the federal government. The Senate's primary function is to create, amend, and pass legislation. It also plays a crucial role in the advice and consent process for presidential appointments and treaties. Here's a breakdown of how the Senate works:

  1. Composition: The Senate is composed of 100 senators, with each of the 50 states being represented by two senators, regardless of the state's population. This equal representation is designed to protect the interests of smaller states.
  2. Terms and elections: Senators serve six-year terms, with elections staggered so that approximately one-third of the seats are up for election every two years. This ensures continuity and stability in the Senate. Senators are elected through a statewide popular vote.
  3. Leadership: The Vice President of the United States serves as the President of the Senate but has no vote unless there is a tie, in which case they cast the tie-breaking vote. The Senate Majority Leader, elected by the majority party, is the primary spokesperson and strategist for the majority party and helps set the legislative agenda. The Senate Minority Leader, elected by the minority party, serves as the primary spokesperson for the minority party and works to protect its interests.
  4. Committees: The Senate is organized into various committees and subcommittees, each specializing in a specific policy area. Committees are responsible for reviewing proposed legislation, conducting investigations, and holding hearings to gather information and opinions from experts and the public. Committee membership is divided between the majority and minority parties, with the majority party holding the chairmanship of each committee.
  5. The legislative process: The process of creating and enacting laws in the Senate begins with the introduction of a bill or resolution. Once introduced, it is referred to the appropriate committee for study, debate, and possible amendment. If the committee approves the bill, it moves to the Senate floor for further debate and possible amendments. Senators may engage in a filibuster, which is an extended debate to delay or block a vote on a bill. To end a filibuster, 60 senators must vote for cloture, a motion that limits the debate and allows the bill to move forward.
  6. Voting and passage: Once the debate concludes, the Senate votes on the bill. A simple majority (51 votes) is required for passage. If the bill passes the Senate and the House of Representatives in identical form, it is sent to the President, who can either sign it into law or veto it. The Senate can override a presidential veto with a two-thirds majority vote (67 votes).
  7. Additional powers: Beyond its legislative duties, the Senate has several unique powers, including the responsibility to:
    • Confirm presidential appointments, such as cabinet members, ambassadors, federal judges, and Supreme Court justices.
    • Ratify treaties negotiated by the Executive branch, requiring a two-thirds majority vote for approval.
    • Conduct impeachment trials for federal officials, including the President, with a two-thirds majority vote required for conviction and removal from office.

By performing these functions, the Senate plays a crucial role in shaping and implementing policy and maintaining a system of checks and balances within the federal government.

Committees

Senate committees are specialized groups within the United States Senate responsible for handling specific policy areas and overseeing the legislative process. Committees play a vital role in the development, review, and passage of legislation. They also conduct investigations and oversight to ensure the proper functioning of the federal government.

There are several types of committees in the Senate:

  1. Standing Committees: These are permanent committees that focus on specific legislative areas. Each standing committee has jurisdiction over bills related to its policy area. Some examples of standing committees include the Committee on Armed Services, the Committee on Finance, and the Committee on Health, Education, Labor, and Pensions.
  2. Subcommittees: Each standing committee is further divided into subcommittees that deal with more specific issues within the committee's jurisdiction. Subcommittees play a crucial role in the early stages of the legislative process, as they review and amend proposed legislation before it reaches the full committee.
  3. Select Committees: These are temporary committees created for a specific purpose, such as investigating a particular issue or overseeing a unique policy area not covered by an existing standing committee. Select committees typically have a limited duration and disband once they have completed their tasks.
  4. Joint Committees: These committees consist of members from both the House of Representatives and the Senate. Joint committees usually focus on specific administrative or oversight tasks rather than the legislative process. Examples include the Joint Committee on Taxation and the Joint Committee on Printing.
  5. Conference Committees: When the House and Senate pass different versions of a bill, a conference committee is formed to reconcile the differences and create a single, unified bill that both chambers can agree upon. Conference committees consist of members from the relevant committees in both the House and Senate.

The work of Senate committees involves:

  • Reviewing and amending proposed legislation: Committees and subcommittees examine bills related to their policy area, make necessary amendments, and vote on whether to advance the bill to the full Senate for consideration.
  • Holding hearings: Committees hold public hearings to gather information, opinions, and expert testimony related to legislation or policy issues under their jurisdiction.
  • Conducting investigations and oversight: Committees investigate specific issues or the activities of government agencies, ensuring accountability and transparency in the federal government.
  • Preparing reports: Committees prepare reports on their activities, findings, and recommendations, which can help inform other members of Congress and the public.

Committee assignments are determined by the political parties, with the majority party holding more seats on each committee and typically controlling the chairmanship. Committee chairs have significant influence over the committee's agenda, including which bills to consider and the scheduling of hearings and markups.

Running for Congress

  1. Meet eligibility requirements: The U.S. Constitution sets specific eligibility requirements for candidates running for the House of Representatives and the Senate. House candidates must be at least 25 years old, a U.S. citizen for at least seven years, and a resident of the state they wish to represent. Senate candidates must be at least 30 years old, a U.S. citizen for at least nine years, and a resident of the state they wish to represent.
  2. Research your district or state: Understand the demographics, political leanings, and key issues affecting the area you want to represent. This information will help you develop a campaign strategy and platform that resonates with voters.
  3. Develop a campaign platform: Determine your policy positions and priorities, focusing on issues that are important to your district or state. Your platform should be clear, concise, and compelling to voters.
  4. Form an exploratory committee: An exploratory committee can help assess your chances of success, raise initial funds, and begin building a campaign infrastructure before officially announcing your candidacy.
  5. Officially declare candidacy: Once you have determined that you have enough support and resources, officially announce your candidacy for Congress, typically through a public event or media appearance.
  6. Register with the Federal Election Commission (FEC): Candidates must register their campaign with the FEC, which oversees campaign finance regulations and disclosure requirements.
  7. Build a campaign team: Assemble a team of staff, advisors, volunteers, and consultants to help run your campaign. Key roles include campaign manager, finance director, communications director, and field organizers.
  8. Fundraise: Running for Congress can be expensive, and candidates need to raise funds to cover the costs of their campaigns. This includes soliciting donations from individual supporters, hosting fundraising events, and seeking endorsements from organizations or political action committees (PACs).
  9. Participate in primaries or caucuses: Candidates must compete in a primary election or caucus to secure their party's nomination for the general election. This process varies by state and party, so it is essential to understand the specific rules and requirements for your race.
  10. Campaign during the general election: If you win your party's nomination, you will need to campaign against the nominees of other parties in the general election. This includes participating in debates, making public appearances, and engaging with voters on key issues.
  11. Get out the vote: In the lead-up to the election, focus on voter outreach, mobilizing supporters, and ensuring that your supporters turn out to vote on Election Day.

Running for Congress is a significant undertaking that requires dedication, organization, and the ability to connect with voters on a wide range of issues. By following these steps and building a strong campaign infrastructure, you can increase your chances of success in your congressional race.