How a Bill Does Not Become a Law

NationalJournalMembership

Published September 24, 2014

National Journal Presentation Credits

Producer: Tucker DohertyDirector: Jessica Guzik

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Source: National Journal Research; Valarie Heitshusen, “The Legislative Process on the Senate Floor: An Introduction,” Congressional Research Service, August 13, 2014.

Bills Face Numerous Obstacles to Passage in Senate

AnalysisThe Senate relies on unanimous consent to operate efficiently; therefore, individual Senators have the power

to delay or prevent a bill’s passage by creating additional procedural hurdles, including filibusters.

Bill is ignored by full committee

Bill fails passage in subcommittee vote

Bill fails passage in full committee vote

Senate Majority Leader declines to place bill on the

legislative calendar

Bill is filibustered during debate on

Senate floor

“Poison pill” amendments sabotage final

passage

Bill fails final vote in full chamber

Introduced to Chamber Sent to Committee Sent to Subcommittee Sent Back to Committee

Placed on Legislative CalendarAmended Debated on Senate FloorFull Senate VoteSent to House

Legislative Process and Obstacles in the Senate

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Source: National Journal Research; “The Legislative Process,” U.S. House of Representatives.

House Rules Allow Majority Party to Prevent Passage

Analysis•While the House provides individual Representatives with fewer opportunities to prevent a bill’s passage, Republican Speakers of the House follow the informal “Hastert Rule,” which prevents passage unless a majority of House Republicans support a bill•As a result, some bills with bipartisan support in the Senate fail to advance to a final vote in the House

Bill is ignored by full committee

Bill fails passage in subcommittee vote

Bill fails passage in full committee vote

Speaker of the House declines to place bill

on the legislative calendar

“Poison pill” amendments sabotage final

passage

Bill sent back to committee by a

motion to recommitBill fails final vote in

full chamber

Introduced to Chamber Sent to Committee Sent to Subcommittee Sent Back to Committee

Placed on Legislative CalendarDebated on House Floor AmendedFull House VoteSent to Senate

Legislative Process and Obstacles in the House

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Source: National Journal Research.

Bills Continue to Face Hurdles After Passage

Analysis•Even if a bill manages to pass both chambers of Congress, the President can use vetoes, executive orders, or signing statements to prevent the bill from being enacted or enforced•Opponents of the bill, including those outside of the legislative process, can prevent the law from being enacted by mounting a successful legal challenge

President vetoes bill, Congress can override veto with a supermajority vote

Passed by Both Chambers Signed by President Enacted

If the law is challenged in court, a judge can rule to

prevent enforcement with an injunction and may

eventually strike down the law

Executive orders or signing statements can prevent a

law from being enforced as originally intended

Process and Obstacles for Enacting and Enforcing Laws

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