History Tutor – How Laws are Passed and Changed

Student:How does a bill become law

Tutor:

In the United States, the process of how a bill becomes law is outlined in the Constitution and involves several steps. Here’s a simplified overview of the process:

1. Drafting: A bill is drafted by a member of Congress. Although anyone can write a bill, only members of the House of Representatives or the Senate can introduce them.
2. Introduction: The bill is introduced in either the House of Representatives or the Senate. In the House, it’s placed in the hopper; in the Senate, it’s introduced on the floor or by request.
3. Committee Review: The bill is then assigned to a committee that specializes in the bill’s subject matter. The committee will review, research, hold hearings, and may amend the bill. If the committee does not act on a bill, it is effectively dead.
4. Subcommittee: Within the committee, the bill may be sent to a subcommittee for further study and hearings. The subcommittee can make more changes before sending it back to the full committee.
5. Committee Markup: If the committee votes to approve the bill, it goes to the floor. Before this happens, committees often “markup” the bill, making changes and amendments.
6. Reporting a Bill: After the markup, the committee will report the bill to the full chamber, explaining the intent behind it and any changes made.
7. Floor Debate: The bill is then placed on the calendar of the House or Senate, where it will be debated by the full chamber. Members may discuss the bill and propose amendments.
8. Voting: After the debate and the approval of any amendments, the bill is put to a vote. It can be by voice vote, division vote, or recorded vote.
9. Referral to the Other Chamber: If the bill passes in one chamber, it is then sent to the other chamber where it will go through a similar process of committee review, debate, and voting.
10. Conference Committee: If the second chamber passes a different version of the bill, a conference committee made up of members from both the House and Senate will reconcile the differences between the two versions.
11. Final Approval: Both chambers must approve the final version of the bill.
12. Presidential Action: Once both chambers have approved the bill, it is sent to the President. The President has four options:
    • Sign the bill into law.
    • Veto the bill, sending it back to Congress with reasons for the veto. Congress can attempt to override the veto with a two-thirds vote in both the House and Senate.
    • Take no action for ten days while Congress is in session, and the bill automatically becomes law.
    • If Congress adjourns before the ten days and the President does not sign the bill, it does not become law (a “pocket veto”).
13. Becoming Law: If the President signs the bill or if a presidential veto is overridden by Congress, the bill becomes law and is enforced by the government.

This process can be quite complex and time-consuming, with many bills never making it through to become law. It involves negotiation, compromise, and often, extensive revisions.

Student:how does an ordinance get passed in sheboygan?

Tutor:

Passing an ordinance in Sheboygan, Wisconsin, follows a process similar to many local governments in the United States. While the specific procedures can vary, the general steps for passing a city ordinance typically include:

1. Drafting: An ordinance is drafted by city officials, which could be a member of the City Council, the Mayor, or city staff. Sometimes ordinances are drafted in response to community needs, concerns, or as a way to update or change existing laws.
2. Introduction: The drafted ordinance is introduced to the City Council. In some cities, this may involve a council member sponsoring the ordinance.
3. First Reading: The ordinance is read at a City Council meeting. This first reading is usually just a formal announcement of the ordinance, and detailed discussion may not take place at this time.
4. Referral to Committee: Often, the ordinance is then referred to an appropriate committee or subcommittee for further examination. This committee will analyze the ordinance, hold discussions, and may make amendments or recommendations.
5. Public Notice and Hearing: A public hearing may be scheduled to give members of the community an opportunity to voice their opinions on the proposed ordinance. Notice of the hearing is usually given in advance through local media or the city’s official communication channels.
6. Committee Report: After the public hearing and any necessary revisions, the committee reports back to the full City Council with their recommendation to pass or not pass the ordinance.
7. Second Reading and Debate: The ordinance goes through a second reading at a City Council meeting, where council members debate its merits and may propose further amendments.
8. Vote: The City Council votes on the ordinance. If a simple majority of the council members present vote in favor, the ordinance passes. Some ordinances may require a larger majority or have other specific voting requirements.
9. Mayoral Approval: In cities with a mayor-council form of government, the passed ordinance is typically sent to the Mayor for approval. The Mayor can sign the ordinance into law, veto it, or in some cases, take no action, which can still result in the ordinance becoming law after a certain period.
10. Publication: After being signed into law, the ordinance is published in the city’s official newspaper or other designated publication to inform the public.
11. Effective Date: The ordinance generally goes into effect on a specific date, which may be immediately upon publication, a set number of days after passage, or on a date specified within the ordinance itself.

To find out the specific process for Sheboygan, you would need to consult the city’s charter or ordinances, or contact the City Clerk’s office for detailed information. They can provide the exact procedures and any local nuances to the process of passing an ordinance.

Student:how does someone challenge an ordinance or state law?

Tutor:

Challenging an ordinance or state law in the United States typically involves legal action or political processes. Here are the common ways in which someone might challenge an ordinance or state law:

1. Legal Challenge in Court:
   • File a Lawsuit: Individuals or groups who believe an ordinance or state law violates the federal or state constitution, or other higher laws, can file a lawsuit in the appropriate court.
   • Seek an Injunction: As part of the lawsuit, the challengers might seek a preliminary injunction to stop the enforcement of the law while the case is being decided.
   • Judicial Review: The court will review the law to determine if it is constitutional or if it violates any other overriding statutes. If the court finds the law unconstitutional, it can strike it down, rendering it unenforceable.
2. Political Challenge:
   • Petition Government Representatives: Constituents can petition their elected officials to amend or repeal an ordinance or law they find objectionable.
   • Public Campaigns: Organizing public campaigns, including rallies, media campaigns, and public meetings, can raise awareness and put pressure on elected officials to change the law.
   • Participate in Public Comment: During the rule-making or legislative process, individuals can participate in public comment periods to express concerns about proposed laws or ordinances.
3. Referendum or Ballot Initiative:
   • Referendum: In some jurisdictions, citizens can petition to have an ordinance or law put to a public vote in a referendum. If the majority votes against the law, it can be repealed or prevented from taking effect.
   • Ballot Initiative: In states that allow for ballot initiatives, citizens can gather signatures to place a new law or amendment on the ballot to override the existing law.
4. Legislative Action:
   • Lobbying: Individuals or advocacy groups can lobby legislators to take action to change or repeal an undesirable law.
   • Introduce New Legislation: Legislators can introduce new legislation to amend or repeal the existing law.
5. Administrative Action:
   • Rulemaking Process: For some laws, especially those that require detailed regulations, the public can participate in the rulemaking process and challenge the way a law is being implemented or interpreted by administrative agencies.
6. Direct Appeal to Executive Officials:
   • Governor or Mayor: In some cases, individuals can appeal directly to the governor, mayor, or other executive officials who may have the power to veto, not enforce, or otherwise influence the change of a law or ordinance.

When challenging an ordinance or state law, it is often advisable to consult with a legal professional who can provide guidance on the most effective strategy based on the specific circumstances and legal framework. Legal challenges can be complex and require a deep understanding of the law and the judicial process.