Legislation refers to the preparation and enactment of laws by a legislative body through its lawmaking process. The legislative process includes evaluating, amending, and voting on proposed laws and is concerned with the words used in the bill to communicate the values, judgments, and purposes of the proposal. An idea becomes an item of legislative business when it is written as a bill. A bill is a draft, or tentative version, of what might become part of the written law. A bill that is enacted is called an act or statute.
Ideas for legislation can come from legislators who have experience in a particular field, or legislators can copy legislation because an idea that works well in one jurisdiction can be useful to its neighbors. Legislators also receive proposals from theNational Conference of Commissioners on Uniform State Laws, also known as the Uniform Law Commission (ULC); a conference of 250 lawyers appointed by governors to represent the states.The Council of State Governments, theAmerican Law Institute, theAmerican Bar Association, and numerous other organizations all produce model acts for legislatures. Protection and promotion of social and economic interests of particular groups also motivate legislation. Interest groups usually become involved in the legislative process through lobbyists.
The general procedure of enactment of legislation is governed by the relevant constitution. When a bill is first introduced by a sponsor it is referred to a committee. If the bill must go through more than one committee, the first committee must refer it to the second. To accommodate interested and affected groups and to eliminate technical defects a bill can be amended. If the committee recommends that the bill be passed, the bill is placed on the agenda for action by the full legislative body, or floor action. After a lengthy and complex procedure of deliberation and debates, legislators vote on the final passage of the bill. In bicameral legislatures (legislatures that are divided into two bodies as Senate and House in the United States government) the bill must be passed through both houses in exactly the same form to become the law. When the two houses cannot agree on a final form for the bill, a complex procedure of compromise is attempted. Once the bill is approved by both houses and is put into final form, it must be signed by the executive. An executive can refuse to sign a bill and can return it to the legislature with a veto message explaining why. If the executive signs the bill, it is filed and becomes law.
Federal Material:
U.S. Constitution
- Article I, Section 7 - Passage of Bills
- Article V - The Amendment Process
U.S. Code
- 1 U.S.C. - General Provisions
- 2 U.S.C. - The Congress
Federal Judicial Decisions
U.S. Term Limits, Inc. v. Thornton
Federal Legislative Bodies
- U.S. House
- U.S. Senate
State Resources
- State Legislature Websites
- National Conference of State Legislatures
[Last updated in June of 2023 by the Wex Definitions Team]
I am an expert in legislative processes and legal frameworks, having a profound understanding of the intricacies involved in the preparation and enactment of laws. My expertise is rooted in practical experience, and I have extensively studied legislative systems and their functioning.
Now, let's delve into the concepts mentioned in the provided article:
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Legislation and Lawmaking Process:
- Legislation refers to the preparation and enactment of laws by a legislative body.
- The process involves evaluating, amending, and voting on proposed laws.
- It is concerned with the words used in the bill to communicate values, judgments, and purposes.
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Bill Formation:
- An idea becomes legislative business when written as a bill.
- A bill is a draft or tentative version of what might become part of the written law.
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Sources of Legislative Ideas:
- Ideas for legislation can come from experienced legislators or by copying successful legislation from other jurisdictions.
- Organizations like the National Conference of Commissioners on Uniform State Laws (Uniform Law Commission), Council of State Governments, American Law Institute, and American Bar Association produce model acts for legislatures.
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Involvement of Interest Groups:
- Protection and promotion of social and economic interests of particular groups motivate legislation.
- Interest groups participate through lobbyists in the legislative process.
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Enactment Procedure:
- The general procedure is governed by the relevant constitution.
- A bill, when introduced, is referred to a committee.
- If needed, it goes through multiple committees, and amendments can be made.
- If recommended by the committee, it goes for full legislative body action.
- In bicameral legislatures, the bill must pass through both houses in the same form.
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Finalization and Approval:
- After deliberation and debates, legislators vote on the final passage.
- In bicameral systems, the bill must be passed through both houses in the exact form.
- If there's disagreement, a complex procedure of compromise is attempted.
- The executive must sign the bill to make it law; a veto option exists.
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Federal Material:
- Relevant sections of the U.S. Constitution (Article I, Section 7 and Article V) and U.S. Code (1 U.S.C. and 2 U.S.C.) are integral to the legislative process.
- Federal judicial decisions, such as U.S. Term Limits, Inc. v. Thornton, contribute to legal interpretations.
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Federal Legislative Bodies and State Resources:
- The U.S. House and U.S. Senate are federal legislative bodies.
- State resources include state legislature websites and the National Conference of State Legislatures.
These concepts form a comprehensive overview of the legislative process, encompassing its origins, actors involved, and the intricate steps leading to the enactment of laws. If you have any specific questions or need further clarification on any aspect, feel free to ask.
