Act of Congress
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Act of Congress. An Act of Congress is a statute enacted by the United States Congress and subsequently presented to the President of the United States for approval, becoming federal law upon signature or congressional override of a veto. These acts constitute the primary legislative output of the federal government, addressing matters within the powers granted to Congress by the United States Constitution. The process and authority for creating these laws are detailed in Article One of the United States Constitution, which vests all legislative powers in the bicameral Congress, comprising the House of Representatives and the United States Senate.
Overview
The foundation for an Act of Congress is the enumerated powers in the Constitution, including the authority to levy taxes, regulate interstate commerce, declare war, and establish federal courts inferior to the Supreme Court of the United States. Landmark acts have shaped the nation, from the Northwest Ordinances governing territories to the Civil Rights Act of 1964 prohibiting discrimination. The Library of Congress and the Government Publishing Office are responsible for documenting and distributing these statutes, which are compiled in the United States Statutes at Large and codified in the United States Code.
Legislative process
The journey of a bill into law typically begins with introduction in either the House of Representatives or the Senate, except for revenue bills which must originate in the House as per the Origination Clause. The bill is then referred to a standing committee, such as the House Ways and Means Committee or the Senate Judiciary Committee, for review and potential amendment. Following committee approval, the bill proceeds to the floor of its chamber for debate and a vote under rules set by the House Rules Committee or unanimous consent agreements in the Senate. If passed, it moves to the other chamber to undergo a similar process; differences between House and Senate versions are reconciled by a Conference committee.
Types and forms
Acts of Congress take several distinct forms. A public law affects the general public and is numbered sequentially, such as the Social Security Act. In contrast, a private law provides relief to specific individuals or entities, like a claim against the United States Department of the Treasury. Appropriation acts allocate funding from the Treasury, while authorization acts establish or continue federal agencies and programs, such as the National Aeronautics and Space Administration. Other types include joint resolutions, which can have the force of law and are used for measures like declaring war or proposing constitutional amendments.
Presidential action
Once both chambers of Congress pass an identical bill, it is presented to the President for executive action. The president may sign the bill, making it law, or veto it by returning it to Congress with objections. A presidential veto can be overridden by a two-thirds vote in both the House of Representatives and the Senate, as occurred with the Civil Rights Act of 1964 over the veto of President Lyndon B. Johnson. If the president takes no action while Congress is in session, the bill becomes law after ten days without a signature; if Congress adjourns during that period, a pocket veto occurs, killing the legislation.
Judicial review
The constitutionality of an Act of Congress is subject to review by the federal judiciary, a power established by the landmark case Marbury v. Madison. The Supreme Court of the United States can declare a law unconstitutional and therefore void, as it did with the Judiciary Act of 1789 in *Marbury* and later with key provisions of the Agricultural Adjustment Act in United States v. Butler. This power of judicial review serves as a critical check on legislative power, ensuring laws conform to the United States Constitution and its amendments as interpreted by the courts.
Historical examples
Notable Acts of Congress have defined pivotal eras in American history. The Missouri Compromise attempted to balance slave and free states, while the Homestead Act encouraged western settlement. The Espionage Act of 1917 restricted speech during World War I, and the Glass–Steagall Act reformed banking after the Great Depression. The G.I. Bill provided benefits to World War II veterans, and the Voting Rights Act of 1965 enforced racial equality at the polls. More recently, the USA PATRIOT Act expanded surveillance authority after the September 11 attacks, and the Patient Protection and Affordable Care Act overhauled the national healthcare system.