Congress turns ideas into laws through a complex process. Bills start as drafts, get introduced, and move through committees. They face debates, votes, and potential changes in both the House and Senate before reaching the President.

Modern lawmaking has evolved. Omnibus bills package multiple issues together, while party leaders wield more influence. These changes impact how laws are made and shape the legislative landscape in ways that affect all Americans.

The Legislative Process

Steps of bill-to-law process

1. Bill drafting

   • Legislators or their staff write the text of the bill
   • Bills can originate in either the House or the Senate, except for revenue bills which must start in the House (taxation, tariffs)

2. Bill introduction

   • The bill is assigned a number (H.R. 1 for House bills, S. 1 for Senate bills)
   • The bill is referred to the appropriate committee(s) based on its subject matter (agriculture, education)

3. Committee action

   • The committee(s) may hold hearings to gather information and expert testimony
   • The committee(s) may mark up the bill, making amendments and changes
   • Subcommittees may conduct more detailed examinations of specific aspects of the bill
   • The committee(s) may vote to report the bill favorably, unfavorably, or without recommendation

4. Floor action

   • The bill is placed on the calendar for debate
   • In the House, the Rules Committee determines the rules for debate and amendment
   • In the Senate, the bill is subject to unlimited debate and amendment unless cloture is invoked
   • Parliamentary procedure guides the conduct of debate and voting
   • The bill is voted on by the full chamber

5. Conference committee

   • If the House and Senate pass different versions of the bill, a conference committee is formed to reconcile the differences
   • The conference committee produces a report with the final version of the bill (bicameral agreement)

6. Final passage

   • Both the House and Senate must pass the identical version of the bill

7. Presidential action

   • The President can sign the bill into law
   • The President can veto the bill, which Congress can override with a two-thirds majority in both chambers (supermajority)
   • If the President takes no action for ten days while Congress is in session, the bill becomes law without their signature (pocket veto)

Impact of filibuster and cloture

• Filibuster
  • A filibuster is a tactic used by Senators to delay or block a vote on a bill or nomination
  • Senators can filibuster by speaking continuously on the Senate floor, offering numerous amendments, or using other procedural tactics (talking filibuster, silent filibuster)
  • The Senate's rules allow for unlimited debate, enabling filibusters to continue indefinitely
• Cloture
  • Cloture is a procedure to end a filibuster and bring a measure to a vote
  • To invoke cloture, a three-fifths majority (60 out of 100 Senators) must vote in favor
  • If cloture is invoked, debate is limited to an additional 30 hours, after which a vote must be held
• Impact on the legislative process
  • Filibusters can significantly slow down or even halt the legislative process in the Senate
  • The threat of a filibuster can be used as leverage to extract concessions or changes to a bill
  • The need to secure 60 votes for cloture makes it more difficult to pass controversial legislation (supermajority requirement)
  • The filibuster and cloture rules have led to increased gridlock and partisanship in the Senate

Changes in modern lawmaking

• Omnibus bills
  • Omnibus bills are large, comprehensive pieces of legislation that package together multiple, often unrelated measures
  • These bills can span hundreds or even thousands of pages and cover a wide range of topics (infrastructure, healthcare)
  • Omnibus bills are often used to pass controversial measures alongside more popular ones, making it difficult for legislators to vote against them
  • The use of omnibus bills has increased in recent decades, particularly for must-pass legislation like appropriations bills (budget, spending)
• Party leadership
  • Party leaders in Congress, such as the Speaker of the House and Senate Majority Leader, have gained more power and influence over the legislative process
  • Party leaders can set the legislative agenda, determine which bills come to the floor for a vote, and pressure rank-and-file members to support the party's priorities
  • The rise of partisan polarization has made party unity more important, giving leaders more leverage over their members (whips, caucuses)
• Changes to modern lawmaking
  • The use of omnibus bills has made the legislative process less transparent and more difficult for the public to follow
  • The increased power of party leaders has centralized decision-making and reduced the role of committees and individual members in shaping legislation
  • The combination of omnibus bills and strong party leadership has made it easier to pass complex legislation with less scrutiny and debate
  • These changes have contributed to public frustration with Congress and the perception that the legislative process is dominated by special interests and partisan politics (lobbying, campaign finance)

Additional Legislative Functions

• Congressional oversight
  • Congress monitors and reviews the actions of federal agencies and programs
  • Oversight helps ensure government accountability and efficiency
• Reconciliation
  • A special legislative process used to align spending and revenue with the budget resolution
  • Allows for expedited consideration of certain budgetary legislation
• Amendments
  • Proposed changes to a bill during the legislative process
  • Can be offered in committee or on the floor to modify or improve legislation