How Laws Are Made

After a senator introduces legislation, it is assigned to the appropriate committee and subcommittee. For example, I introduced S. 156, a bill to protect the Ojito Wilderness Study Area, on January 25, 2005. It was then referred to the Senate Committee on Energy and Natural Resources. Senate committees, through deliberation between the committee chairman (a member of the majority party, the party holding the most seats in the Senate) and the ranking member (a member of the minority party) select a small selection of bills for consideration. The committee will then ask relevant government agencies to comment on the measure, hold hearings, and amend it as necessary. If a majority of senators on that committee support the legislation, it will be reported to the floor and placed on the Senate Legislative Calendar. The Majority Leader (the leader chosen by members of the majority party) then decides, usually in cooperation with the Minority Leader, which legislation should be put to the Senate for a vote.

Uncontroversial legislation is often voted on by unanimous consent or voice vote. Other bills may require time for debate, and senators may choose to offer amendments to the bill. The Senate is unique in that the right of individual senators to keep debate alive is protected. Unlike the House of Representatives, where a simple majority can instantly shut down debate and silence the minority, at least sixty senators must vote to invoke cloture, or end debate. Often, this is referred to as a filibuster when cloture is not invoked. If unanimous consent to proceed to vote on a measure exists, or if cloture is invoked, then the Senate will vote on the final passage of the legislation.

For a bill to become law, it must pass both the Senate and the House of Representatives. Sometimes a bill passes one chamber and is voted on by the other after going through a similar committee system. Other times, both chambers pass similar bills, and those bills go to a conference committee composed of senators and representatives. The conferees try to iron out the differences between the two bills. If they are successful, the final bill is reported to each chamber to be voted on as is, with no more amendments possible. If both chambers pass the bill, it is then sent to the president. The president can either sign it into law or veto it and return it to Congress. Should Congress override the veto with a two-thirds majority vote, the bill becomes law without the president's signature.

Needless to say, the number of bills passed by the Senate represents a small number of those introduced. During the 108th Congress (2003-2004), 3,077 bills and joint resolutions were introduced in the Senate, and only 504 of these became law. The lengthy and complicated process requires the majority and minority parties to compromise in order to achieve better public policy and provides time for public discourse as well.

LAWMAKING AT A GLANCE

• After being introduced, bills are sent to committee
• If supported by committee and Senate leaderships, brought to the floor for debate
• If 60 or more senators vote to end debate, bill gets a vote on final passage
• Bill must pass the House of Representatives and the Senate to become law
• The lengthy process encourages debate, deliberation, and public involvement

NM DELEGATION

New Mexico has a five-member delegation in the United States Congress. Every state has two Senators, while the number of House Members is based on the population of the state.

• U.S. Senator Pete Domenici
• Congresswoman Heather Wilson
• Congressman Tom Udall
• Congressman Steve Pearce