The Legislative Path: From Bill to Law and Judicial Interpretation in the Federal American Government
The process of how a bill becomes law in the federal American government involves several stages of review, debate, and decision-making. Once a bill is enacted into law, it may be subject to interpretation by the courts, particularly the judicial branch, including the Supreme Court. Here is an overview of the process and the role of the courts in interpreting laws:
Introduction and Committee Review: A bill begins its journey in either the House of Representatives or the Senate. A legislator introduces the bill, and it is assigned to a committee for review and consideration. The committee examines the bill, holds hearings, and may make amendments or revisions.
Floor Debate and Vote: If the bill is approved in committee, it moves to the floor of the respective chamber for debate and voting. Members of the House or the Senate discuss the bill, propose amendments, and vote on its passage. If the bill is approved, it moves to the other chamber, where a similar process occurs.
Conference Committee and Reconciliation: If the House and Senate pass different versions of the bill, a conference committee is formed to reconcile the differences. The committee negotiates a compromise version, which is then voted on by both chambers. If the compromise bill passes, it moves to the next stage.
Presidential Action: Once both the House and Senate have approved the final version of the bill, it is sent to the President for consideration. The Bill becomes law if:
- The President Signs the Bill. If he signs the bill within 10 days of receiving it, while Congress is still in session, the bill becomes law;
- Becomes law without signature. If he does not sign the bill within 10 days of receiving it and Congress is in session it becomes law.
The Bill is Vetoed if:
- If Congress sends the Bill to the President and then adjourns before the 10-day signing limit ends and the President does not sign the Bill, then the Bill is ‘killed.’ Called a pocket veto.
- Veto the Bill. The President expressly vetoes the Bill.
If vetoed, the Bill can still become law if both chambers of Congress “override” the veto with a two-thirds majority vote.
All laws are subject to Court review on constitutional grounds and to resolve ambiguities. The Supreme Court has the final say on all challenges – if they choose to take up the issue.
Here is a general overview of the process:
5.1. Legal Challenges: When a dispute arises regarding the interpretation or constitutionality of a law, individuals, organizations, or governments may bring legal challenges by filing lawsuits in the appropriate court. You can only file a challenge to a law if you have “standing” – you suffered some form of direct harm
With exceptionally few instances, challenges to a federal law all be filed in a Federal District Court. There are currently 94 District Courts.
5.2. Lower Court Decisions: Legal challenges typically begin in the lower federal courts, and in rare cases in state court, though these are almost always removed to federal court. After review a District Court can “strike down” all or part of a law as unconstitutional. The court can also resolve any ambiguities. District Court, rulings only affect the federal district that the Court has jurisdiction over. For example, rulings by the Federal District Court of Arizona are only binding on Arizona. Of course, there is always an exception. Sometimes a District Court will issue a ‘nationwide’ injunction – prohibiting the government from enforcing a law or ordering the government to enforce a law. Nationwide injunctions by a District Court are both rare and controversy.
Judges are the final authority of law and juries are the final authority on what evidence to accept of disregard. Therefore, when ruling on matters of “law;” such as challenges to a law on constitutional grounds, the judge will decide the case without a jury.
All District Court decisions can be appealed to a Circuit Court of Appeals (Appellate Court). Unlike the Supreme Court, appellate courts must hear all appeals. Again, with rare exceptions an appellate court decision is binding only on the area it has jurisdiction over. When two or more courts of appeal rule differently it creates a “Circuit Split” – where the law differs between circuits.
Courts of Appeal differ from District Courts in several ways. Instead of one judge, there are normally three; there is no jury, and no evidence is entered. Instead, the court relies on the “record” of the district court, briefings submitted by the parties, and in most cases oral arguments. After all briefings have been submitted and oral arguments heard the appellate court will vote (majority rules) and issue its ruling. If the court splits 2-1, then there is a ‘majority opinion’ – where the majority sets forth the decision and its reasons for arriving at that decision. There will also be a ‘dissenting’ opinion, where the judge dissenting sets forth her reasoning and explains why she believes the majority is wrong. A dissenting opinion has no effect on the ruling.
In almost all cases, the appellate court rules only on constitutional issues, interpretation of law, and legal procedures. The only time they will rule on evidence is to decide whether the evidence was such that a reasonable person could, not would, arrive at the decision reached in the lower court. Appellate courts are extremely reluctant to intrude on a jury’s decision and will require compelling reasons to do so.
Circuit Court decisions can be appealed in two ways. First, requesting the circuit court to rehear the case “En Banc” – where all judges assigned to that circuit will rehear the case. Second, is appeal to the Supreme Court.
5.4. Supreme Court Review: The Supreme Court is the highest court in America and is the final authority on all legal and constitutional issues. It normally accepts between 100 and 150 cases a year based on their legal significance and national potential impact. If there is a circuit split, the Court is more likely to accept the appeal.
A Supreme Court decision overturns all lower court decisions that are in conflict with the decision nationwide and controls all future interpretation of laws and constitutional issues that the ruling addressed.
It is important to note that the courts’ role in interpreting laws is based on the Constitution and legal principles. The courts consider the language and , relevant legal precedents, and constitutional provisions. Their holdings are binding on all lower courts, as well as the federal, state, and local governments.
Congress can overturn a Supreme Court decision based on a law, by passing a new law. However, the only way to overturn a Supreme Court decision based on a constitutional grounds is to amend the Constitution.
In conclusion, the journey of a bill from its introduction to becoming law involves a series of stages within the legislative branch. Once enacted, laws may be subject to interpretation by the courts, especially the Supreme Court, which plays a vital role in establishing legal precedents and resolving disputes. The interpretation of laws by the courts is crucial for clarifying their meaning, ensuring their constitutionality, and guiding future legal decisions.
Here are some references you can explore for more information on the topics discussed:
Marbury v. Madison, 5 U.S. 137 (1803) Case establishing the Supreme Court as have the final say in all things constitutional.
U.S. Constitution, Article III grants judicial review to the Supreme Court.
“How Our Laws Are Made” by the United States Congress: This publication provides an in-depth explanation of the legislative process, from the introduction of a bill to its enactment as law. It can be accessed on the official website of the U.S. Congress.
“American Government: Institutions and Policies” by James Q. Wilson, John J. DiIulio Jr., and Meena Bose: This textbook offers comprehensive coverage of the American government, including the legislative process and the role of the judiciary in interpreting laws.
“The Federalist Papers” by Alexander Hamilton, James Madison, and John Jay: This collection of essays provides valuable insights into the intentions and debates surrounding the formation of the federal American government.
“American Constitutional Law: Introductory Essays and Selected Cases” edited by Alpheus Thomas Mason and Donald Grier Stephenson Jr.: This book explores the interpretation of the U.S. Constitution by the courts, including the Supreme Court, through selected landmark cases.
“Congress and Its Members” by Roger H. Davidson, Walter J. Oleszek, Frances E. Lee, and Eric Schickler: This book provides a comprehensive overview of the legislative branch, covering the legislative process, committee systems, and the role of Congress in policymaking.
“The Supreme Court” by William H. Rehnquist: This book delves into the history, powers, and landmark cases of the Supreme Court, offering insights into its role in interpreting laws and shaping the American legal system.
“The Oxford Guide to United States Supreme Court Decisions” edited by Kermit L. Hall: This comprehensive reference guide provides summaries and analysis of major Supreme Court cases, shedding light on the interpretation of laws and constitutional issues.
“The Oxford Handbook of the U.S. Constitution” edited by Mark Tushnet, Mark A. Graber, and Sanford Levinson: This collection of essays explores various aspects of the U.S. Constitution, including the interpretation of its provisions by the courts.
These resources should provide you with a solid foundation of knowledge. However, it is always recommended to consult multiple sources, including scholarly articles, legal databases, and reputable academic journals, to gain a comprehensive understanding of the subject matter.