Dynamics of Making Law, and How the 17th Amendment Damaged Our System

By Douglas V. Gibbs

In 1913, the 17th Amendment changed the process in which United States Senators are chosen. Originally, the State Legislatures appointed the U.S. Senators, making the U.S. Senate quite literally the voice of the States. The Senators at that time voted with the interests of the States, and more specifically with the intent of protecting their State’s sovereignty, in mind.  With the House of Representatives acting as the voice of the people, and the Senate acting as the voice of the States, the dynamics of making law was quite different from what it is today.

The process of making a law as originally intended ensured that the people, the States, and the federal government, approved of the piece of legislation.  The bill would be approved by the people (House of Representatives), The States (Senate), and the Federal Government (President). If either the people or the States did not like the bill, its journey to become a law stopped. If the federal government, via the President, did not like the bill, he could veto the bill.  A veto by the President, however, does not necessarily stop the bill from becoming law.  The people (House) and the States (Senate) are able to overturn the veto with a two thirds vote from each house of Congress.  This gave the people through the House of Representatives, and the States through the U.S. Senate, the ability to check each other.   The people and the States together, if in agreement, also served as a united check against the federal government, or more specifically in the case of making law, the executive branch.

We The People hold original authority in the process of making law.  The members of the United States House of Representatives and U.S. Senate are voted into office by direct election of the people.  All of the officials involved with appointing or electing members of the branches of the federal government (as well as the U.S. Senate prior to 1913) were also originally voted into office by the general population.  Our original authority also reaches even farther back than the descriptions above, because it was the people, as the sovereign states of the union, who originally held all of the authorities prior to the writing and ratification of the U.S. Constitution.  Under British rule, original authority belonged to the monarchy, as per Royal Prerogative.

By Article I, Section 7, Clause 1 establishing that all bills for raising revenue originate in the House of Representatives, the Constitution grants to the voice of the people to power to fund, or defund, any function of government affected by legislative action.  The power of the purse strings gives the House of Representatives the ultimate check against the other parts of government, and ultimately gives the House of Representatives a significant amount of power. Should the House of Representatives, for example, disapprove of a military action being carried out by the Commander in Chief, the action can be stopped by the House of Representatives simply defunding the military operation by not including funding for that action in a budget proposal.  Refusal to accept the proposal by the Senate, or the Executive, places at risk the funding for other parts of government as well.  The Senate, though unable to originate bills raising revenue, may propose amendments to be added to such a bill that originated in the House of Representatives, but no bill raising revenue may originate in the Senate.  Upon approval by the Senate, the bill would still need to go back to the House of Representatives for approval.  The approval by both houses of Congress must be for an identical bill.

If the President approves of the bill, and signs it after it has been approved with a majority vote in each of the two houses of Congress, the bill becomes law.  If the President does not approve of the bill, he may refuse to sign it, or veto the bill, and return it with a written explanation of his disapproval.

Should the Houses of the United States Congress determine with a two-thirds vote in each house to reconsider the bill, the bill will still become law despite the executive objection.

All votes in the two houses of Congress shall be determined by yeas and nays, which will be entered into the respective house’s journal.  The journal entry will include the names and votes of the members voting for, or against, the bill.

If the President refuses to sign the bill presented to him, but does not return the bill with his written objection within ten days (excluding Sundays) the bill becomes law as if the President signed it.  The exception to this clause is if the Congress does anything to prevent the bill’s return, such as through their adjournment.  In that case, the bill remains to be only a bill, and only becomes law should any of the afore mentioned processes be met.

All actions that require the concurrence of the U.S. Senate, and the House of Representatives (except on a question of adjournment, which can also be called for by the President), must be presented to the President, and be approved by the President before such action can take effect.  As with bills, any action disapproved by the President must be repassed by both houses with a two-thirds vote.

-- Political Pistachio Conservative News and Commentary