definitions
Bills
and Resolutions A
proposed law may be introduced into either chamber of the Congress as
a bill or a joint resolution. When a bill or a resolution
is introduced, it is ordered to be printed and referred to one or
more committees for review. Multiple versions of the same bill are
not uncommon since each time a bill is successfully amended, or when
it is introduced into the other house after passage in the first,
a new version of the bill is required to be printed.
Bills may originate
in either the House of Representatives or the Senate with one notable
exception provided for in the Constitution. Article I, Section 7, of
the Constitution provides that all bills for raising revenue shall
originate in the House of Representatives but that the Senate may propose
or concur with amendments. By tradition, general appropriation bills
also originate in the House of Representatives.
There are two types of bills--public
and private. A public bill is one that
affects the public generally. A private bill is
a
bill that affects a specified individual or a private entity rather than
the population at large is called. A typical private bill is used for
relief in matters such as immigration and naturalization and claims against
the United States.
House Bills/Resolutions: A bill originating in the House of Representatives is designated by
the letters "H.R." followed
by a number that it retains throughout all its parliamentary stages.
The letters signify "House of Representatives" and not, as
is sometimes incorrectly assumed, "House resolution".
Senate Bill/Resolution originates
in the Senate and is designated by the letter "S." followed
by its number.
Companion bill: a
bill introduced in one House of Congress that is similar or identical
to a bill introduced in the other House of Congress.
Simple resolutions relate
to the operations of a single chamber or express the collective opinion
of that chamber on public policy issues.
Concurrent resolutions relate
to the operations of Congress, including both chambers, or express the
collective opinion of both chambers on public policy issues.
Joint resolutions are
considered to have the same effect as bills and require the approval
of the President. However, only joint resolutions may be used
to propose amendments to the Constitution, and in this instance
do not require the approval of the President. Thus, the Bill of Rights
was introduced as a joint resolution in the 1st Congress and did not
require the approval of the President, while the legislation annexing
Texas and granting it statehood was introduced as a joint resolution
but did require presidential approval.
When a billl becomes law: A
bill that has been agreed to in identical form by both bodies becomes
the law of the land only after Presidential approval or failure by
the President to return it with objections to the House in which it originated
within 10 days (Sundays excepted) while Congress is in session
Veto: By the terms of
the Constitution, if the President does not approve the bill "he
shall return it with Objections to the chamber of Congress where
it originated.
A bill returned with the President's
objections, need not be voted on at once when laid before the House since
the vetoed bill can be postponed, referred back to committee, or tabled
before the question on passage is pending. A vetoed bill is always privileged
until directly voted upon, and a motion to take it from the table or
from committee is in order at any time.
Overriding a Veto: Once
the relevant Member moves the previous question on the question of override,
the question is then put by the Speaker as follows: "Will
the House on reconsideration agree to pass the bill, the objections of
the President to the contrary notwithstanding?" Under the Constitution,
a vote by the yeas and nays is required to pass a bill over the President's
veto. The Clerk activates the electronic system or calls the roll with
those in favor of passing the bill answering "Aye", and those
opposed "No".,
and a message is sent to the Senate advising that body of the House action.A two-thirds
HOUSE vote in the affirmative allows the bill to be sent
with the President's objections to the Senate, unless that body has acted
first, together with a message advising it of the action in the House.
The procedure in the Senate is the same as a two-thirds
affirmative vote is also necessary to pass the bill over the President's objections. If
the Senate joins the House and votes two-thirds in the affirmative to
pass the bill, the measure becomes the law of the land notwithstanding
the objections of the President, and it is ready for publication as a
binding statute.
Line Item Veto:
From 1997 until it was declared unconstitutional in 1998, the Line Item
Veto Act provided the President authority to cancel certain individual
items contained in a bill or joint resolution that he had signed into
law. The law allowed the President to cancel only three types of fiscal
items: a dollar amount of discretionary budget authority, an item of
new direct spending, and a tax change benefiting a class of 100 or fewer.
While the Act has not been repealed, the Supreme Court in Clinton v.
City of New York, 118 S. Ct. 2091 (1998), struck down the Line Item Veto
Act as unconstitutional
Overriding a veto must
be made by a two-thirds vote in Senate AND House. If fewer than two-thirds
of the Members present vote in the affirmative, a quorum being present,
the bill is rejected SEE CIVICS
101 to find out exactly why the Democratic Congress has not been
able to get certain votes past President Bush's Vetos.
Pocket Veto: A
bill does
not become law without the President's signature if Congress by their
final adjournment prevent its return with objections.
Filibuster:
A device, used only in the Senate, to delay or prevent a vote by time-consuming
oratory. It can be stopped only by a 60-member vote
of the senators present and voting.
Eminent domain is the taking of land for public use - roads, schools, parks
- against the owner's wishes, if necessary. The owner is paid a fair price
determined by a prescribed process. The owner can appeal the price in court.
Signing
Statement is a written pronouncement
issued by the President upon the signing of a bill into law. In the
6-plus years that GW Bush has been president, he has placed signing
statements on more documents -- almost 900 by some estimates-- than
all the US presidents combined in the preceeding 231 years. Worrisome
is the way such statements are used. Whether simply to assert his
right to ignore the law on a domestic issue or a prohibition against
torturing prisoners of war it is coupled with his insistence on a "unitary
executive"--the idea that Congress cannot, by law, tell an executive
branch agency what it may or may not do--Bush's signing statements
amount to much more than just an expression of opinion designed to
influence the courts; they are a de facto instruction to federal
agencies to disregard Congressional mandate.
Read Bruce Fein's testimony on the Constitutionality Illegality of Signing Statements
before the Judicial Committee
read
more about the legality of signing statements
Stop Loss Policy: The
retention of some troops to remain in service beyond their expected term.
Soldiers contractually agree to partake in stop-loss, but it is only
put into effect when the United States Government deems it necessary.
Stop loss was created by Congress after the Vietnam War. Those who join
the military agree to this provision under paragraph 9c of the enlistment
contract which states:
"In the event of war, my enlistment in the Armed Forces continues
until six (6) months after the war ends, unless my enlistment is ended
sooner by the President of the United States."
Stop-loss was first significantly used just before and during the first
Gulf War. According to a military publication, "the Army last
used stop loss during Operation Desert Shield/Desert Storm in 1990 when
President George H. Bush delegated stop loss authority to the defense
secretary." Since then, it has been used more extensively since
2001, primarily to fight the War on Terrorism declared by President George
W. Bush.
The use of this means, along with incentive based programs, has been
controversial, and called by some a "backdoor draft."
The first legal challenge to this policy came in October 2004, with a
lawsuit challenged by an anonymous National Guardsman in California,
referred to as "John Doe." A basis for the suit is that stop-loss
does not apply to the current situation in Iraq, which is a military
occupation and not a war zone. top