How is a law actually made? What’s the whole process like? That depends, of course, on what type of law we're talking about. For this example, we'll look at how a bill first introduced in the House of Representatives becomes a public law.
1. When a Representative has an idea for a new law, he or she becomes the sponsor of that bill and introduces it by giving it to the Clerk of the House or by placing it in the hopper. The Clerk assigns a legislative number to the bill, H.R. for bills introduced in the House of Representatives. The Government Publishing Office [GPO] then prints the bill and makes it available digitally through GPO's govinfo.gov.
2. Next, the bill is assigned to a committee by the Speaker of the House so that it can be studied. The House has 22 standing committees, each with jurisdiction over bills in certain areas.
The standing committee, or one of its subcommittees, studies the bill and hears testimony from experts and people interested in the bill. The committee may then take three actions. It might:
- release the bill with a recommendation to pass it;
- revise the bill and release it; or
- lay it aside so that the House cannot vote on it.
Releasing the bill is called reporting it out. Laying it aside is called tabling.
3. If the bill is released, it then goes on the House Calendar. Here the House Rules Committee may call for the bill to be voted on quickly, limit the debate, or limit or prohibit amendments. Undisputed bills may be passed by unanimous consent, or by a two-thirds vote if Members of the House agree to suspend the rules.
4. The bill then goes to the floor of the House for consideration and begins with a complete reading of the bill [sometimes this is the only complete reading]. A third reading [title only] occurs after any amendments have been added. If 218 of the 435 Representatives vote for it to pass, the bill passes by simple majority and moves to the Senate.
5. In order to be introduced in the Senate, a Senator must be recognized by the presiding officer and announce the introduction of the bill.
6. Just as in the House, the introduced bill is assigned to a committee. It is assigned to one of the Senate's 20 standing committees by the presiding officer. The Senate committee studies and either releases or tables the bill just like the House standing committee.
7. Once released, the bill goes to the Senate floor for consideration. Bills are voted on in the Senate based on the order in which they come from the committee; however, an urgent bill may be pushed ahead by leaders of the majority party. When the Senate considers the bill, they can vote on it indefinitely. When there is no more debate, the bill is voted on. If 51 of 100 Senators vote for it, the bill passes by a simple majority.
8. The bill then moves to a conference committee, which is made up of Members from each house. The committee may work out any differences between the House and Senate versions of the bill. The revised bill is sent back to both houses for their final approval. Once approved, the bill is produced in print and digitally by the Government Publishing Office in a process called enrolling. The Clerk from the House certifies the final version. If a bill originates in the Senate, the Secretary of the Senate certifies the final version.
9. The enrolled bill is now signed by the Speaker of the House and then the Vice President. Finally, it is sent for the President's consideration. The President has ten days to sign or veto the enrolled bill. If the President signs the bill, it becomes law. If the President vetoes it, the bill can still become a law if two-thirds of the Senate and two-thirds of the House then vote in favor of the bill.
And that is how laws are made! You can learn even more about this process by checking out Senate Document 105-14, How Our Laws Are Made, in text format or as a PDF.
Want to know what happens next? Check out How Laws Are Implemented.
How Laws Are Made and How to Research Them
Learn how laws, regulations, and executive orders are made and how to look them up.
On This Page
- Executive Orders and Other Presidential Actions
- How Federal Laws Are Made
- Federal and State Laws, Regulations, and Related Court Decisions
Executive Orders and Other Presidential Actions
The president creates many documents to issue orders and make announcements. These presidential actions can include executive orders, presidential memoranda, and proclamations.
Find the Latest Executive Orders and Other Presidential Actions
The White House posts the current president's executive orders and other presidential actions.
The Federal Register's online records include executive orders, presidential proclamations, and other documents from the current and recent former presidents. The National Archives' online records include executive orders dating back to 1937.
Learn About the Types of Presidential Actions
Executive Orders
An executive order has the power of federal law. Presidents can use executive orders to create committees and organizations. For example, President John F. Kennedy used one to create the Peace Corps. More often, presidents use executive orders to manage federal operations.
Congress may try to overturn an executive order by passing a bill that blocks it. But the president can veto that bill. Congress would then need to override that veto to pass the bill. Also, the Supreme Court can declare an executive order unconstitutional.
Presidential Memoranda
Presidential memoranda are like executive orders. The president can use memos to direct government operations. But presidential memos are not numbered when they are published in the Federal Register, as executive orders are.
Presidential Proclamations
Presidential proclamations are statements that address the public on policy matters. They are mainly symbolic and are usually not enforced as laws.
How Federal Laws Are Made
Congress is the legislative branch of the federal government and makes laws for the nation. Congress has two legislative bodies or chambers: the U.S. Senate and the U.S. House of Representatives. Anyone elected to either body can propose a new law. A bill is a proposal for a new law.
Steps in Making a Law
A bill can be introduced in either chamber of Congress by a senator or representative who sponsors it.
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill.
The bill is then put before that chamber to be voted on.
If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting.
Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same exact bill and, if it passes, they present it to the president.
The president then considers the bill. The president can approve the bill and sign it into law or not approve [veto] a bill.
If the president chooses to veto a bill, in most cases Congress can vote to override that veto and the bill becomes a law. But, if the president pocket vetoes a bill after Congress has adjourned, the veto cannot be overridden.
Differences Between the House and Senate Procedures
The Senate and the House have some procedural differences between them. Learn more about each body’s process:
How a bill becomes law when it originates in the House of Representatives
Active legislation in the House
How a bill becomes law when it originates in the Senate
Active legislation in the Senate
Federal and State Laws, Regulations, and Related Court Decisions
Federal laws apply to people living in the United States and its territories.
Congress creates and passes bills. The president then may sign those bills into law. Federal courts may review the laws to see if they agree with the Constitution. If a court finds a law is unconstitutional, it can strike it down.
Find Federal Laws
The United States Code contains general and permanent federal laws. It does not include regulations, decisions, or laws issued by:
Federal agencies
Federal courts
Treaties
State and local governments
New public and private laws appear in each edition of the United States Statutes at Large. There is a new edition for each session of Congress.
Find bills and resolutions introduced by the current and earlier sessions of Congress. This includes new laws that have not yet been assigned a public law number.
Find laws and joint resolutions that have been assigned public law numbers.
Visit the Law Library of Congress to research U.S. code, statutes, and public laws.
To find older laws, visit a law library or a Federal Depository Library.
Federal Regulations
Regulations are issued by federal agencies, boards, and commissions. They explain how agencies plan to carry out laws. Regulations are published yearly in the Code of Federal Regulations.
State Laws and Regulations
State legislatures make the laws in each state. State courts can review these laws. If a court decides a law doesn't agree with the state's constitution, it can declare it invalid.
Find state laws and regulations with the Law Library of Congress’s guide for each state.
Federal Court Decisions
Federal courts do not write or pass laws. But they may establish individual “rights” under federal law. This happens through courts' interpretations of federal and state laws and the Constitution.
An example is the U.S. Supreme Court’s decision in Brown v. Board of Education of Topeka. The court decided that state laws which segregated public school students by race violated the 14th Amendment. It said that "separate but equal" schools cause minority children to feel inferior. And that hurts their educational opportunities.
Research recent decisions of the Supreme Court. Or get information about historic Supreme Court decisions by topic.
Last Updated: August 10, 2022
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