Law New: How Our Laws Are Made

The Law New page features a variety of news and information that highlights recent developments in the practice of state and local law. This page is updated regularly and includes articles highlighting important changes to the law, legislation passed by Congress or other legislatures, and other items of interest to the state and local government practice community.

How Our Laws Are Made

The legislative process begins with a policy idea. These ideas may come from a Senator’s constituents, from an organization that calls for a new law, or from the Governor’s office. Once a legislator has an idea for a law, it is drafted into bill form. Often, the bill is authored by just one Senator or Representative; however, legislators are also sometimes joined by cosponsors. Eventually, once the bill has gone through the entire legislative process and has been passed both houses of Congress, it is referred to as a statute or law.

A statute is a formal written document that governs behavior within a society or country. Generally, the term “law” refers to written laws or statutes.

After a bill passes both houses of Congress, it is sent to the Governor for review. The Governor has ten days to either sign or veto the bill. If the Governor signs the bill, it becomes a law. If the Governor vetoes the bill, it is returned to both Houses of Congress with a statement of why the Governor disapproved of the legislation. If two-thirds of the members of each House vote to override the Governor’s veto, the bill becomes a law.

While critics have questioned its legitimacy, the absurdity canon is an important part of constitutional law that checks judicial review of the Executive and Legislative branches. This Feature describes the history of this canon, juxtaposes it against the new major questions doctrine, and argues that neither should be viewed as a blank check for judicial power.