Legislative Process

A formal proposal for a new law or a change to an existing law, introduced by a member of a legislature for consideration and debate. A bill must pass through a series of steps, including committee review, floor debate, and votes in both chambers of a bicameral legislature, before it can be sent to the executive for signature or veto. Most bills introduced in Congress never become law.

A formal expression of the opinion, will, or intent of a legislative body that does not carry the force of law in the same way a bill does. Resolutions are used for a variety of purposes, including expressing the sense of Congress on a particular issue, establishing internal rules, or authorizing specific actions. There are several types of resolutions, including simple resolutions, joint resolutions, and concurrent resolutions, each with different scopes and effects.

A legislative measure that requires approval from both chambers of a legislature and, in most cases, the signature of the executive. At the federal level, joint resolutions are used for purposes including proposing constitutional amendments, declaring war, and addressing matters that require the force of law but do not fit the standard bill format. Constitutional amendments proposed through joint resolutions do not require the president's signature but must be ratified by three-fourths of the states.

A legislative measure that requires approval from both chambers of a legislature but does not require the signature of the executive and does not carry the force of law. Concurrent resolutions are typically used for matters that concern the operations of both chambers, such as establishing the congressional budget framework or adjourning Congress for more than three days.

A proposed change to a bill, resolution, or existing law that is considered and voted on during the legislative process. Amendments can be offered in committee or on the floor of the legislature and can add, remove, or alter provisions of the underlying measure. The amendment process is a primary way that legislators shape, negotiate, and sometimes derail legislation.

The committee meeting at which members of a legislative committee review a bill line by line, offer amendments, and vote on whether to advance it to the full chamber. Markup sessions are where much of the substantive work of legislating happens and are generally open to the public. The name comes from the practice of literally marking up the text of a bill with proposed changes.

A formal meeting of a legislative committee at which members hear testimony from witnesses, including government officials, experts, advocates, and affected citizens, on a particular issue or piece of legislation. Committee hearings serve both an investigative function, gathering information to inform legislation, and an oversight function, holding executive branch agencies and officials accountable. Most committee hearings are open to the public.

A committee hearing held by a committee or subcommittee of the U.S. Congress. Congressional hearings are used to gather information before drafting legislation, investigate issues of public concern, oversee the executive branch, and confirm presidential nominees. Witnesses may be invited to testify voluntarily or compelled to appear through a subpoena. Hearings are typically open to the public and often broadcast on C-SPAN.

A vote taken by the full membership of a legislative chamber on a bill, amendment, resolution, or other measure. Floor votes are the culmination of the legislative process within a chamber and can take several forms, including voice votes, recorded roll call votes, and in some cases standing votes. Roll call votes, in which each member's vote is recorded by name, are the most transparent and accountable form of floor vote.

A procedural mechanism in the U.S. Senate used to end debate and bring a measure to a vote. Because Senate rules allow for unlimited debate, a senator or group of senators can delay or block a vote by continuing to speak, a tactic known as a filibuster. Invoking cloture requires a vote of three-fifths of the full Senate, currently 60 votes, to cut off debate. Cloture is one of the most consequential procedural tools in the Senate and a frequent point of debate over how the chamber should function.

A tactic used in the U.S. Senate in which a senator or group of senators extends debate on a measure indefinitely in order to delay or prevent a vote. Because the Senate allows for unlimited debate, a filibuster can effectively block legislation unless enough senators vote for cloture to end it. The filibuster has a long and contested history and has been the subject of ongoing debate about whether it serves as a valuable check on majority power or an obstacle to democratic governance.

The power of an executive, such as the president or a governor, to reject legislation passed by the legislature. When a president vetoes a bill, it is returned to Congress with a message explaining the objections. Congress can override a presidential veto with a two-thirds vote in both the House and the Senate, though overrides are relatively rare. The veto is one of the executive branch's primary tools for checking legislative power.

A special form of veto that occurs when the president does not sign a bill within ten days while Congress is not in session. Because the president cannot return the bill to Congress for an override vote, the bill simply does not become law. A pocket veto cannot be overridden. If Congress is in session and the president takes no action on a bill within ten days, the bill becomes law without the president's signature.

A vote by the legislature to enact a law despite a veto by the executive. At the federal level, overriding a presidential veto requires a two-thirds majority in both the House and the Senate. Override votes are among the most significant exercises of legislative power and are relatively uncommon, as it is difficult to assemble a two-thirds majority in both chambers.

The period during which a legislature is convened and conducting official business. Congress holds annual sessions, while state legislatures vary widely in how long they meet each year. Some state legislatures meet year-round, while others convene for only a few months. The length and structure of legislative sessions can significantly affect how much legislation a body is able to consider and pass.

A period of legislative or executive activity that occurs after an election but before newly elected officials take office. During a lame duck session, officials who have lost their elections or are not seeking reelection continue to hold power and can pass legislation or take other official actions. Lame duck sessions can be productive windows for passing difficult legislation but are also sometimes criticized for allowing officials to act without full accountability to voters.

An appointment made by the president to fill a vacant executive branch or judicial position while the Senate is in recess and therefore unavailable to confirm nominees through the regular process. Recess appointments are temporary and expire at the end of the next Senate session. The use of recess appointments has been a source of ongoing constitutional debate and legal challenges.

A single piece of legislation that packages together many different provisions, often covering a wide range of topics or funding many different government programs at once. Omnibus bills are frequently used to pass government spending bills and can run thousands of pages long. Critics argue that omnibus bills reduce transparency by making it difficult to scrutinize individual provisions, while supporters argue they are necessary to move complex legislation through a gridlocked process.

A provision added to a bill that is often unrelated to the bill's main subject. Riders are used to attach measures that might not pass on their own to legislation that is likely to be approved. They can also be used to force a difficult vote by attaching a controversial provision to a must-pass bill. The practice is controversial because it can reduce transparency and allow provisions to become law without independent scrutiny.

Involving cooperation, agreement, or support from members of both major political parties. Bipartisan legislation or action is often held up as a sign of political compromise and broader public support, as it demonstrates that a measure has appeal beyond one party's base. In practice, achieving bipartisan support often requires negotiation and compromise that can result in legislation that neither side fully embraces.

Not aligned with or controlled by any political party. Nonpartisan can refer to elected positions in which candidates do not run under a party label, organizations that operate independently of party affiliation, or actions and decisions made without regard to party loyalty. Many local elected positions, including school boards and judgeships, are officially nonpartisan, though candidates may still hold and express political views.

The minimum number of members of a legislative body who must be present for the body to conduct official business and take valid votes. In the U.S. House and Senate, a quorum is a majority of members. If a quorum is not present, the chamber cannot legally vote on legislation. Quorum calls are sometimes used as a procedural tactic to delay proceedings or force absent members to return to the chamber.

The rules and practices that govern how meetings and deliberative assemblies conduct their business in an orderly and fair manner. Parliamentary procedure establishes how motions are made and voted on, how debate is conducted, how amendments are considered, and how decisions are recorded. The U.S. Congress follows its own rules of procedure, while many local government bodies and civic organizations follow Robert's Rules of Order.

A widely used manual of parliamentary procedure that provides a standardized set of rules for conducting meetings, managing debate, and making decisions in deliberative assemblies. Originally written by U.S. Army officer Henry Martyn Robert in 1876, Robert's Rules are commonly used by local government bodies, nonprofit organizations, civic groups, and community associations to ensure that meetings are run in an orderly, fair, and transparent manner.