How Our Laws Are Made (Softcover and ebook)
The Legislative Process, Introducing a Bill or Resolution, Parliamentary Reference Sources, Committee of the Whole, Committee Markup, Amendment Tree, Amendments Between the Houses, and the Committee System
Compiled by TheCapitol.Net
A description of how federal laws are made and the
legislative process in the United States Congress.
The framers of our Constitution created a strong federal government
resting on the concept of "separation of powers."
In Article I, Section 1, of the Constitution, the Legislative Branch
is created by the following language: "All legislative Powers herein
granted shall be vested in a Congress of the United States, which
shall consist of a Senate and House of Representatives."
Article I,
Section 5, of the Constitution provides that: "Each House may determine
the Rules of its Proceedings, . . .".
Upon this elegant, yet simple, grant of legislative powers and
rulemaking authority has grown an exceedingly complex and evolving
legislative process—much of it unique to each House of Congress.
1. How Our Laws Are Made, by Charles W. Johnson,
Parliamentarian (retired), U.S. House of Representatives (2003)
I. Introduction II. The Congress III. Sources of
Legislation IV. Forms of Congressional Action - Bills
- Joint Resolutions - Concurrent Resolutions - Simple
Resolutions V. Introduction and Referral to Committee
VI. Consideration by Committee - Committee Meetings -
Public Hearings - Markup - Final Committee Action -
Points of Order With Respect to Committee Hearing Procedure
VII. Reported Bills - Contents of Reports - Filing of
Reports - Availability of Reports and Hearings VIII.
Legislative Oversight by Standing Committees IX.
Calendars - Union Calendar - House Calendar -
Private Calendar - Corrections Calendar - Calendar of
Motions to Discharge Committees X. Obtaining
Consideration of Measures - Unanimous Consent -
Special Resolution or "Rule" - Consideration of Measures
Made in Order by Rule - Reported From the Committee on
Rules - Motion to Discharge Committee - Motion to
Suspend the Rules - Calendar Wednesday - District of
Columbia Business - Questions of Privilege -
Privileged Matters XI. Consideration and Debate -
Committee of the Whole - Second Reading - Amendments
and the Germaneness Rule - The Committee "Rises" -
House Action - Motion to Recommit - Quorum Calls and
Rollcalls - Voting - Electronic Voting - Pairing of
Members - System of Lights and Bells - Recess
Authority - Live Coverage of Floor Proceedings XII.
Congressional Budget Process XIII. Engrossment and
Message to Senate XIV. Senate Action - Committee
Consideration - Chamber Procedure XV. Final Action on
Amended Bill - Request for a Conference - Authority of
Conferees - Meetings and Action of Conferees -
Conference Reports - Custody of Papers XVI. Bill
Originating in Senate XVII. Enrollment XVIII.
Presidential Action - Veto Message - Line Item Veto
XIX. Publication - Slip Laws - Statutes at Large -
United States Code Appendix
2. The Legislative Process, by Michael Koempel and
Judy Schneider, Ch. 8 in the
Congressional Deskbook
(TheCapitol.Net 2007)
8.00 Introduction 8.01 Legislative Process Flowchart
8.02 House Rules Citations 8.03 Senate Rules Citations
8.04 Selected Procedures: House and Senate Rules 8.10
Types of Measures 8.11 Legislation Glossary 8.20
Drafting and Introducing Legislation 8.21 House
Cosponsorship Form 8.22 Sample "Dear Colleague" Letter
8.30 Referral of Legislation to Committee 8.31 Sample
Jurisdictional Agreement 8.32 Sample of House Referral
8.40 Committee Hearings 8.41 Committee Hearings Schedule
8.42 Keeping Up with House and Senate Committee Hearings
8.43 Sample Truth in Testimony Form 8.44 Celebrity
Witnesses 8.45 Field Hearing Announcement 8.50
Committee Markup 8.51 Committee Markup and Reporting
Glossary 8.52 Keeping Up with House and Senate Committee
Markups 8.60 Committee Reports 8.61 Reading the Cover
Page of a House Committee Report 8.62 House Committee
Reports: Required Contents 8.63 Senate Committee Reports:
Required Contents 8.70 House Floor: Scheduling and
Privilege 8.71 House Calendars 8.72 Daily Starting
Times in the House 8.80 House Floor: Methods of
Consideration 8.90 Rules Committee and Special Rules
8.91 Special Rules Glossary 8.92 Announcement on
Amendments Prior to a Rules Committee Meeting 8.93
Reading a Special Rule 8.100 Consideration of a Special
Rule on the House Floor 8.110 Committee of the Whole:
Debate 8.111 The Mace 8.112 House versus Committee of
the Whole 8.113 Who Is Allowed on the House Floor?
8.114 Committee of the Whole and the House: Stages of Action
8.120 Committee of the Whole: Amendment Process 8.121
Amendment Process Glossary 8.122 Basic House Amendment
Tree 8.123 Keeping Up with the House Floor: Scheduling
and Proceedings 8.130 House Floor: Voting 8.131 House
Voting Glossary 8.140 House Floor: Motion to Recommit and
Final Passage 8.141 Approval Terminology 8.150 House
and Senate Compared 8.151 Comparison of Selected House
and Senate Procedures 8.160 Senate Scheduling 8.161
Keeping Up with the Senate Floor: Scheduling and Proceedings
8.170 Legislative and Calendar Days; Morning Hour and
Morning Business 8.180 Senate Calendars and Legislative
and Executive Business before the Senate 8.190 Holds,
Clearance, and Unanimous Consent 8.191 Who Is Allowed on
the Senate Floor? 8.200 Time Agreements and Motions to
Proceed on the Senate Floor 8.201 Example of a Senate
Unanimous Consent Time Agreement 8.202 Comparing a House
Special Rule and a Senate Time Agreement 8.210
Consideration and Debate on the Senate Floor 8.211
Longest Senate Filibusters 8.220 Senate Amendment
Procedure 8.230 Cloture in Senate Floor Proceedings
8.231 Steps to Invoke Cloture 8.232 Senate Procedures
under Cloture 8.240 Senate Floor: Motion to Reconsider
and Final Passage 8.250 Voting in the Senate 8.260
Reconciling Differences between House-Passed and
Senate-Passed Legislation 8.261 Reconciling Differences
Glossary 8.262 Keeping Up with Reconciling House-Senate
Differences 8.270 Amendments between the Houses 8.280
Conference Committees 8.281 Size of Conference Committees
8.282 Authority of Conferees 8.283 Conference Signature
Sheet 8.290 Presidential Action on Enacted Measures
8.291 Vetoes and Veto Overrides: Presidential Clout 8.300
Publication of Public Laws
3. Introducing a House Bill or Resolution, Congressional
Research Service (CRS) Report for Congress 98-458, November 25,
2008
- Developing Ideas for Legislation
- Drafting Legislation
- Introducing a Bill
4. The Legislative Process on the House Floor, CRS Report for
Congress 98-563, February 2, 2009
- Introduction
- The Nature of the Rules
- The House and the Committee of the Whole
- Limitations on Debate
- Four Modes of Consideration
- Under Suspension of the Rules
- In the House under the Hour Rule
- In Committee of the Whole and the House
- General Debate
- Amending Process
- Final Passage
- In the House as in Committee of the Whole
- The Calendars and the Order of Business
- The Rules Committee and Special Rules
- Senate Amendments and Conference Reports
- Voting and Quorum Procedures
- The Daily Order of Business
- Sources of Additional Information
5. Introducing a Senate Bill or Resolution, CRS Report for
Congress 98-459, November 25, 2008
- Developing Ideas for Legislation
- Senate Office of Legislative Counsel
- Seeking Cosponsors
- Introducing a Bill or Resolution
- Referral
6. The Legislative Process on the Senate Floor, CRS Report for
Congress 96-548, November 26, 2009
- Introduction
- The Right to Debate
- Filibusters and Cloture
- Restraint and Delay
- Scheduling Legislative Business
- Routine Agenda Setting
- Committee Referral and Rule XIV
- Non-Germane Amendments
- Time Agreements
- The Nature of Time Agreements
- Negotiating Time Agreements
- Other Unanimous Consent Agreements
- The Daily Order of Business
- The Amending Process
- Quorum Calls and Rollcall Votes
- Sources of Additional Information
7. Procedural Distinctions between the House and the Committee
of the Whole, CRS Report for Congress 98-143, May 7, 2008
8. Committee of the Whole: Stages of Action on Measures, CRS
Report for Congress 98-564, December 8, 2006
- Resolving into Committee of the Whole
- General Debate
- Amendment Under the Five-Minute Rule
- Committee of the Whole Reports
- House Votes on Amendments
- Motion to Recommit
- Vote on Final Passage
9. House Committee Markup: Vehicle for Consideration and
Amendment, CRS Report for Congress 98-188, July 17, 2008
- Summary
- Introduced Measure
- Subcommittee Reported Version/Committee Print
- Staff Draft/Chairman's Mark
- Amendment in the Nature of a Substitute
10. House Committee Markup: Reporting, CRS Report for Congress
98-267, July 17, 2008
- Options for Reporting Amendments
- Options on How to Report
- Other Reporting Actions and Considerations
11. Provisions of Special Rules in the House: An Example of a
Typical Open Rule, CRS Report for Congress 98-334, April 15,
2008
12. Bills and Resolutions: Examples of How Each Kind Is Used,
CRS Report for Congress 98-706, November 26, 2008
- Bills (H.R. or S.)
- Joint Resolutions (S.J.Res. or H.J.Res.)
- Concurrent Resolutions (S.Con.Res. or H.Con.Res.)
- Simple Resolutions (H.Res. or S.Res.)
13. Floor Consideration of Conference Reports in the House, CRS
Report for Congress 98-736, November 5, 2004
- Filing Conference Reports
- Debating Conference Reports
- Points of Order
14. The House Amendment Tree, CRS Report for Congress 98-777,
May 19, 2008
15. Commonly Used Motions and Requests in the House of
Representatives, CRS Report for Congress RL32207, May 22, 2008
- Introduction - Daily Business - Adjourn - Adjourn
to a Date and Time Certain - Approve the Journal -
Insert Material in the Congressional Record - Morning
Hour Debate - One-Minute Speeches - Recess -
Special Order Speeches - Decorum and Privilege -
Personal Privilege, Question of - Privileges of the
House, Question of - Words Taken Down (Take Down the
Words) - Parliamentary Tools - Appeal the Ruling of
the Chair - Objection - Parliamentary Inquiry -
Point of Order - Regular Order - Reserve a Point of
Order - Reserve the Right to Object - Table, Lay on
the Table - Unanimous Consent - Proceedings on
Legislation - Consideration, Question of - Postpone
Indefinitely - Postpone Until a Day Certain - Suspend
the Rules - Take from the Speaker's Table - Closing
Debate and Voting - Previous Question - Quorum Call
- Reconsider (a Vote) - Recorded Vote - Separate Vote
- Yea-and-Nay Vote - Commit, Recommit, Refer - Commit
- Recommit - Recommit with Instructions - Refer -
Resolving Differences - Concur in the Senate
Amendment(s), Concur in the Senate Amendment(s) with an
Amendment - Disagree to the Senate Amendment(s) -
Insist on House Amendment(s) - Instruct Conferees -
Recede and Concur, Recede and Concur with an Amendment -
Recede from House Amendment(s)
16. Amendments Between the Houses, CRS Report for Congress 98-812,
June 27, 2008
- Summary - Consideration of Senate Amendments by the
House - Consideration of House Amendments by the Senate
17. Parliamentary Reference Sources: Senate, CRS Report for Congress
RL30788, April 21, 2008
- Introduction - Principles of Senate Parliamentary
Practice - Multiple Sources of Senate Procedure -
Constitutional Rule-Making Authority of the Senate -
Enforcing the Senate Rules and Precedents - The Senate's
Reliance on Unanimous Consent - The Importance of
Precedents - The Senate's Unofficial Practices - The
Senate Manual and Authorities it Contains - Senate Manual
- Standing Rules of the Senate - Permanent Standing
Orders - Rules for Regulation of the Senate Wing -
Rules for Impeachment Trials - Cleaves' Manual on
Conferences - Laws Relating to the Senate -
Constitution - Other Official Senate Parliamentary
Authorities - Riddick's Senate Procedure - Rulemaking
Statutes and Budget Resolutions - Legislative
Reorganization Acts - Expedited Procedures - Budget
Process Statutes - Procedural Provisions in Budget
Resolutions - Standing Orders by Unanimous Consent -
Unanimous Consent Agreements - Committee Rules of
Procedure - Publications of Committees and Offices of the
Senate - Budget Process Law Annotated - Senate Cloture
Rule - Treaties and Other International Agreements -
Enactment of a Law - How Our Laws Are Made - Rules of
Senate Party Conferences - Appendix A. Senate
Parliamentary Reference Sources - Appendix B. Senate
Parliamentary Reference Information Available Through the
Internet
18. The Committee System in the U.S. Congress, CRS Report for
Congress RS20794, March 21, 2007
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