Task 2: How are laws passed in the USA?

Task 2: How are laws passed in the USA?

Hannah Young
How does a Bill Becomes a Law in the USA.pdf

This task links to the Course Assessment Specification (CAS): The legislative branch - the passage of legislation.

The following steps provide you with an outline of the process by which laws are made in the USA. You may download an infographic with this information from the top of this post.

The Bill is Introduced

When Congress is in session, the Primary Sponsor introduces the bill by placing it in a wooden box called "the hopper.”

Here, the bill is assigned a legislative number before the Speaker of the House sends it to a committee.

The Bill Goes to Committee

A small group meets to talk about what they like and don’t like, suggests changes to the bill, and votes to accept or reject the changes, before sending the bill to:

The House floor for debate or a subcommittee for further research.

Congress Debates and Votes

Members of the House and Senate can now debate the bill and propose amendments before voting.

The House uses an electronic voting system while the Senate typically votes by voice, saying “yay” or “nay.”

Presidential Action

When the bill reaches the President, he or she can: APPROVE and PASS. The President signs and approves the bill. The bill is law.

The President can also:

Veto: The President rejects the bill and returns it to Congress with the reasons for the veto. Congress can override the veto with 2/3 vote of those present in both the House and the Senate and the bill will become law.

Choose No Action: The President can decide to do nothing. If Congress is in session, after 10 days of no answer from the President, the bill then automatically becomes law.

Pocket Veto: If Congress adjourns (goes out of session) within the 10 day period after giving the President the bill, the President can choose not to sign it and the bill will not become law.

How Federal Laws Are Made

Congress is the legislative branch of the federal government and makes laws for the nation. Congress has two legislative bodies or chambers: the U.S. Senate and the U.S. House of Representatives. Anyone elected to either body can propose a new law. A bill is a proposal for a new law.

Steps in Making a Law

A bill can be introduced in either chamber of Congress by a senator or representative who sponsors it. 

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. 

The bill is then put before that chamber to be voted on. 

If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. 

Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same exact bill and, if it passes, they present it to the president. 

The president then considers the bill. The president can approve the bill and sign it into law or not approve (veto) a bill. 

If the president chooses to veto a bill, in most cases Congress can vote to override that veto and the bill becomes a law. But, if the president pocket vetoes a bill after Congress has adjourned, the veto cannot be overridden. 

Federal and State Laws, Regulations, and Related Court Decisions

Federal laws apply to people living in the United States and its territories.

Congress creates and passes bills. The president then may sign those bills into law. Federal courts may review the laws to see if they agree with the Constitution. If a court finds a law is unconstitutional, it can strike it down.

The United States Code contains general and permanent federal laws. It does not include regulations, decisions, or laws issued by:

  • Federal agencies 
  • Federal courts 
  • Treaties 
  • State and local governments 

New public and private laws appear in each edition of the United States Statutes at Large. There is a new edition for each session of Congress.


Executive Orders

An executive order has the power of federal law. Presidents can use executive orders to create committees and organizations. For example, President John F. Kennedy used one to create the Peace Corps. More often, presidents use executive orders to manage federal operations. See examples of Trump's EOs here.

Congress may try to overturn an executive order by passing a bill that blocks it. But the president can veto that bill. Congress would then need to override that veto to pass the bill. Also, the Supreme Court can declare an executive order unconstitutional.

Presidential Memoranda

Presidential memoranda are like executive orders. The president can use memos to direct government operations. But executive orders are numbered and published in the Federal Register. Presidential memos are not.

Presidential Proclamations

Presidential proclamations are statements that address the public on policy matters. They are mainly symbolic and are usually not enforced as laws.

Make your own notes from the video above and the notes provided in the post and attached.