American Politics Today - Essentials (3rd Ed)

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HOW A BILL BECOMES A LAW| 281

bill is matched with the committee that best fi ts its subject matter. In the House,
major legislation may be sent to more than one committee in a practice known as
multiple referral, but only one of them is designated the primary committee, and
the bill is reviewed by diff erent committees sequentially or in parts. The practice
is less common in the Senate, partly because senators have more opportunities to
amend legislation on the fl oor.
Once the bill goes to a committee, the chair refers it to the relevant subcom-
mittee where much of the legislative work occurs. The subcommittee holds hear-
ings, calls witnesses, and gathers the information necessary to rewrite, amend,
and edit the bill. The fi nal language of the bill is determined in a collaborative
process known as the markup. During this meeting members debate aspects
of the issue and off er amendments to change the language or content of the bill.
After all amendments have been considered, a fi nal vote is taken on whether to
send the bill to the full committee. The full committee then considers whether to
pass it along to the fl oor. They, too, have the option of amending the bill, passing
it as-is, or tabling it (which kills the bill). Every bill sent to the fl oor by a commit-
tee is accompanied by a report and full documentation of all the hearings. These
documents constitute the bill’s legislative history, which the courts, executive
departments, and the public use to determine the purpose and meaning of the law.


DEBATING THE BILL

When the bill makes it to the fl oor, it is placed on one of the various legislative
calendars. Bills are removed from the calendar to be considered by the fl oor under
a broad range of possible rules. When the bill reaches the fl oor, the majority party
and minority party each designate a bill manager who is responsible for guiding
the debate on the fl oor. Debate in the House proceeds according to tight time lim-
its and rules governing the nature of amendments. Senate debate is much more
open and unlimited in most circumstances (unless all the senators agree to a
limit).


TYPES OF LEGISLATION


Bill: A legislative proposal that becomes law if it is passed by both the House and the Senate in identical form and approved by
the president. Each is assigned a bill number, with “HR” indicating bills that originated in the House and “S” denoting bills that
originated in the Senate. Private bills are concerned with a specifi c individual or organization and often address immigration or
naturalization issues. Public bills affect the general public if enacted into law.


Simple resolution: Legislation used to express the sense of the House or Senate, designated by “H.Res.” or “S.Res.” Simple
resolutions only affect the chamber passing the resolution, are not signed by the president, and cannot become public law.
Resolutions are often used for symbolic legislation, such as congratulating sports teams.


Concurrent resolution: Legislation used to express the position of both chambers on a nonlegislative matter to set the annual
budget, or to fi x adjournment dates, designated by “H.Con.Res” or “S.Con.Res.” Concurrent resolutions are not signed by the
president and therefore do not carry the weight of law.


Joint resolution: Legislation that has few practical differences from a bill unless it proposes a constitutional amendment. In
that case, a two-thirds majority of those present and voting in both the House and the Senate, and ratifi cation by three-fourths
of the states, are required for the amendment to be adopted.


NUTS & bolts


9.2

markup One of the steps through
which a bill becomes a law, in
which the fi nal wording of the bill is
determined.
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