Procedure of legislation under the U.S constitution
1) Introduction
● The term “Legislation” is derived from Latin word “Legis” which means “Law” and
“latum” which means “to make”. Legislation means making of law. In a wider sense, the term legislation includes all methods of law making. The main function of the congress is to make laws or to amend or repeal the existing laws of the United States. Procedure of law making has great importance as congress has developed a procedure of law making by inspiring from U.K practices but now a days it has become quite different from the British System
2) Purposes of legislation
● The rule of law requires that people should be governed by accepted rules, rather than by the arbitrary decisions of rulers. These rules should be general and abstract, known and certain, and apply equally to all individuals.
3) Kinds of Bills
Following are the three kinds of the bills
1. Public bills
● Public bills are those bills which deal with the matters of public interests at large. And it can be initiated in any of the chamber of congress
2. Private Bills
● Private bills are those bills which deal with private interests of the particular individual, corporation or local unit. And these bills can be initiated in any of the chamber of congress
3. Money bills
● Money bills are bills which deal with matters of money and are related to taxes, funds or other expenditure. These bills only initiated by the House of Representatives
4) Process of law making
A bill is passed in congress through following procedure
I. First reading
● A bill may be introduced by a representative before the House of Representatives or by a senator before the Senate
⮚ Process of Introduction
● The process of instruction is very simple. The member who introduces the bill he presents a copy of bill with his name and drops it in the hopper a box on the
clerk’s desk in the house or on the secretary’s desk in the senate.
● The bill is immediately added up to in the order of presentation and the copies are made which are provided to all members of the house next morning
II. The committee stage
The presiding officer forwards these bills to the relevant committee for study of these bills
1) In case of private bills, member who introduces the bill, himself writes the name of the committee where he wants to forward the bill
2) In case of Public bills, the subject matter of the bill would indicate in which legislative committee it should be forwarded
3) In case of money bills, bill will go the committee of Banking and currency
⮚ Executive session of committee
After receiving different kinds of bills from various sources. These bills meet in the executive committee for their approvals
1) Committee may approve the bill , same as it is
2) Committee may amend the bill and recommended that it would be passed as amended
3) Committee may rewrite the bill completely, keeping only its name and number
4) Committee may reject and bill and recommended that it will not be passed
5) Committee may report the bill so late in the session that there is no chance of its approval by chamber
6) Committee may kill the bill by keeping in their files
III. Considering of bills, reported out of committees
There are some differences in the procedure of considering the bills, reported out of the committees in the house and the senate
A. Procedure in the House
● When a committee presents a bill along with its report, to the house for their consideration, the clerk of the house mentions it on one of the three calendars according to its nature and remain there till consideration
1. Union Calendar
● All those bill are mentioned on Union calendar which directly or indirectly are related to money bill
2. House Calendar
● All those bill are mentioned on House calendar which are public bills and are not related to revenue or public funds
3. Private Calendar
● All those bill are mentioned on private calendar which are private bills
B. Procedure in the senate
● When a committee presents a bill along with its report, to the senate for their consideration. According to the rules of senate every senator is entitled to take up any bill and if the bill is accepted by the majority of senators then bill will be forwarded to concerned committee
IV. Second reading
● When the bill arises from the standing committee. It is given a second reading. Every clause of the bill is discussed and debated upon amendments and finally it is passed by the voting of majority
V. Third reading
● At this stage, only the title of the is read and bill is voted upon as a whole if favorable and is considered passed
VI. Procedure in the other house
● After the passing of a bill from one house, this bill is sent to the other house for approval. Where it follows the same route through committee. This chamber may approve, reject it, ignore it or amend it before passing it
VII. Assent of the president
● When the bill is passed by both houses of the congress. It is forwarded to the president for his approval. If the bill is approved by the president it becomes a law if it is rejected by the president then it is returned to congress.
● If rejected bill re-passed by the congress by two third majority so in this case the assent of president does not take for the same bill
5) Conclusion
The main function of the legislature is to make laws and the legislative procedure in the United States is categorized in some different features. Ordinary bill which are public bills ,may be initiated in either chamber of the congress but money bills only be initiated in the house of representatives