Lesson 9 of 11

Making laws and amending the Constitution

The path of a bill, and the harder path of an amendment.

From idea to statute

Only a member of Congress can formally introduce a bill, but the idea can come from anyone: a voter, an interest group, a state official, or the president.

The bill is sent to a committee that specializes in the topic. Most bills die in committee. If the committee approves, the chamber debates and votes. A bill must pass both the House and the Senate in the same form.

If the two chambers pass different versions, a conference committee works out a compromise that both must approve again.

Remember: Most bills die in committee. Both chambers must pass the identical text.

The president’s choices

The president can sign the bill, and it becomes law. The president can veto it and send it back with objections.

Congress can override a veto with a two-thirds vote in both houses. If the president does nothing for ten days while Congress is in session, the bill becomes law without a signature. If Congress adjourns during those ten days and the president does nothing, the bill dies. That silent death is a pocket veto.

How the Constitution itself changes

Article V sets two steps: propose, then ratify. Proposal takes either a two-thirds vote of both houses of Congress, or a national convention called by Congress when two-thirds of the state legislatures request it. Every amendment so far has started in Congress, not a convention.

Ratification takes either three-fourths of the state legislatures, or conventions in three-fourths of the states. Congress chooses which method. That is 38 of 50 states.

The process is slow on purpose. Everyday laws can change with majorities. The Constitution should change only when a large, lasting agreement exists.

Remember: Propose: 2/3 of Congress. Ratify: 3/4 of the states.