All about Legislative Branch

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published September 07, 2013

By Author - LawCrossing

Like courts, legislatures play an important role in creating law. Legislative and judicial lawmaking differ in crucial respects) however. Courts make law on a case-by-case basis. The court determines the legality of events that already have occurred, and the court's holding binds only the parties to the case. Laws enacted by a legislature, on the other hand, usually apply only to future actions and to all people within the legislature's jurisdiction. When judicially-created common law and legislatively-enacted law conflict, the latter normally prevails unless it violates the United States Constitution. A state law also is invalid if it violates the state constitution.

At the federal level, legislative power is vested in the United States Congress. Congress is bicameral, meaning that it consists of two chambers, the Senate and the House of Representatives. The Senate has 100 members. Each state elects two senators, each of whom serves a six-year term. The House of Representatives, on the other hand, has 435 members (sometimes called "congressmen" and "congresswomen"), each of whom is elected for a two-year term. The number of representatives from each state is determined by the state's population. Congress also includes non-voting members from the District of Columbia, Guam, American Samoa, and the Virgin Islands.

Enacting a federal law normally requires several steps. First, a member of Congress must introduce the proposed law (the "bill"). Occasionally, a bill has sponsors in both chambers of Congress and is introduced in both at the same time. When the bill is introduced, it is assigned a number that shows where it was introduced and how many bills had been introduced before it during that session of Congress. For example, the tenth bill introduced in the Senate during a congressional session would be "S. 10," and the fifteenth bill introduced in the House of Representatives would be "H.R. 15." A bill introduced in both chambers would be given two numbers, one for each chamber.

After being introduced, the presiding officer of the chamber in which it was introduced assigns ("refers") it to the committee in that chamber that has jurisdiction over the bill's subject matter. The committee chair then decides whether to put the bill on the committee's agenda. If it is not put on the agenda, it may go no further in the legislative process. If it is included, however, the committee chair normally refers the bill to a more specialized subcommittee. The subcommittee gathers information concerning the bill, such as reports from affected agencies, and may hold public hearings. Based on the information it has received and on its deliberations, the subcommittee can amend the bill. It then gives the full committee a written report concerning the bill, which includes the subcommittee's recommendation for committee action on the bill. If the subcommittee wants to kill the bill for the legislative session, it will give an unfavorable review or will not act on it.

If the subcommittee's report is favorable, the committee will consider the bill. Like the subcommittee, the committee can hold public hearings, and can amend the bill. The committee then determines whether to submit the bill to the congressional chamber of which it is a part. If the committee decides that the bill should not be considered further, it can give an unfavorable recommendation or, more simply, fail to act on the bill or table it, which normally will kill it for the legislative session. If the committee supports the bill, the committee will forward it with a favorable recommendation and a written report that may include an analysis of the bill and a description of the information that was gathered during the committee's deliberations and of any dissenting opinions. If the bill comes within the jurisdiction of more than one committee, the bill then must be referred to the other committee(s), where the same process begins again.

After committee review is completed, the bill and the committee's recommendation are forwarded to the congressional chamber in which the bill was introduced. If the committee recommends the bill, the chamber's leaders decide whether the bill will be considered by the entire chamber. In the House, the Rules Committee also is instrumental in determining whether a bill will reach the House floor. If a bill is sent to the floor, the members of that chamber debate its merits and vote on whether to adopt it. The bill can be amended again on the floor. If the bill passes, it is sent to the other chamber of Congress, where the whole process begins again.
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The congressional chamber to which the bill now has been sent and its committees and subcommittees can amend the bill. Therefore, the bill passed by one congressional chamber may differ in language and in substance from the bill passed by the other chamber. If the differences are insignificant, the other chamber simply may accept them. More substantial differences, however, normally will be referred to a conference committee, which includes senators and representatives as members. The committee will attempt to negotiate compromises. If the compromises are accepted by a majority of the committee members from each chamber, the committee issues a report concerning its recommended compromises. Both congressional chambers must approve the report. If they do not, the conflicting bills may be referred back to the committee.

When the Senate and the House have agreed on the terms of the bill, it is sent to the president. Even after all the levels of review and compromise, the bill still may not become law. The president can veto the bill, which will kill it unless Congress overrides the veto by a two-thirds vote in each chamber. If Congress is not in session for ten days after sending the bill to the president, the president's failure to sign the bill (a "pocket veto") also kills it. On the other hand, the bill will become law if the president either signs it or, if Congress is in session, fails to veto it within ten days.

Although the structures and procedures of state legislatures vary, they generally are similar to the U.S. Congress. In every state except Nebraska, the legislature has two chambers. The Nebraska legislature has one chamber ("unicameral"). State legislatures often refer bills to legislative committees. In many states, all the members of a chamber sit as a committee of the whole to consider a bill, rather than referring it to a committee composed of fewer chamber members.

Cities and other smaller political subdivisions often also have a legislature, such as a city council or village board. These legislative bodies normally are unicameral. The committee structure, if any, normally is much less elaborate than at the state or federal level. The laws enacted by these legislatures often are called "ordinances" and are valid only if consistent with the local charter and with state and federal law. Thus, a person can be subject to three or more sets of laws-federal, state, and local-and must comply with each.
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