How a bill really becomes a law

Grade 12 Social Studies Worksheet - Challenge Me

Circle the best answer.

1. Read this first

   Use this

   INS v. Chadha (1983), in our words: A law let one house of Congress, by its own vote, cancel a decision of the Attorney General to let a person stay in the country. The House voted to cancel one decision. The Court held, 7 to 2, that this broke Article I, Section 7: an action that changes people's legal rights must pass both houses and be presented to the President. Article I, Section 7 (quoted in part): "Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. …"

2. 1.

   Ren reads cards CH and AV. Why does Chadha's reasoning follow from Article I, Section 7?

   • A one-house action that changes legal rights skips the other house and presentment
   • Section 7 says just the Senate may cancel decisions of the executive branch
   • Section 7 applies solely to bills about money, so other actions need no presentment
   • Section 7 forbids the House from voting on immigration, which the Senate decides

3. Use this

   INS v. Chadha (1983), in our words: A law let one house of Congress, by its own vote, cancel a decision of the Attorney General to let a person stay in the country. The House voted to cancel one decision. The Court held, 7 to 2, that this broke Article I, Section 7: an action that changes people's legal rights must pass both houses and be presented to the President. Two proposals (made-up) to let Congress cancel an agency rule. Proposal P: either house may cancel a rule by a simple majority of its own members. Proposal Q: both houses pass a joint resolution canceling the rule, and the President may sign or veto it.

4. 2.

   Jun reads cards CH and CP. Which proposal fits Chadha?

   • Q; P repeats the one-house veto, and Q follows both houses and presentment
   • P, since an agency rule is not a law and so needs no presentment
   • Both, since each is a vote of Congress and so follows the Constitution
   • Neither, since Congress may not review agency actions

5. Use this

   INS v. Chadha (1983), in our words: A law let one house of Congress, by its own vote, cancel a decision of the Attorney General to let a person stay in the country. The House voted to cancel one decision. The Court held, 7 to 2, that this broke Article I, Section 7: an action that changes people's legal rights must pass both houses and be presented to the President. Two proposals (made-up) to let Congress cancel an agency rule. Proposal P: either house may cancel a rule by a simple majority of its own members. Proposal Q: both houses pass a joint resolution canceling the rule, and the President may sign or veto it. Article I, Section 7 (quoted in part): "Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. …"

6. 3.

   Kira reads cards CH, CP and AV. If the President vetoes Q, what shift in power results?

   • Cancelling the rule needs two thirds of each house, shifting power toward the executive
   • No shift occurs, since a veto of a resolution is a formality that Congress ignores
   • Power shifts to the courts, since presentment lets judges veto the resolution
   • Power shifts to Congress, since Congress can invariably reach two thirds when it wants

7. Use this

   Clinton v. City of New York (1998), in our words: The Line Item Veto Act of 1996 let the President, after signing a spending or tax bill, cancel certain items in it. The President canceled items, and the Court held, 6 to 3, that this broke Article I, Section 7. The Constitution lets the President sign or veto a whole bill, but not change its text after signing. Article I, Section 7 (quoted in part): "Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. …"

8. 4.

   Luz reads cards CL and AV. What did the Line Item Veto Act let the President do that Article I does not?

   • Sign a bill without a second vote by Congress and without presentment
   • Return a bill with objections, which Article I does not allow under any condition
   • Veto a whole bill and send it back with objections to the originating house
   • Cancel parts of a bill after signing it, changing the text that Congress passed

9. Use this

   Clinton v. City of New York (1998), in our words: The Line Item Veto Act of 1996 let the President, after signing a spending or tax bill, cancel certain items in it. The President canceled items, and the Court held, 6 to 3, that this broke Article I, Section 7. The Constitution lets the President sign or veto a whole bill, but not change its text after signing. Argument (made-up): "The Line Item Veto Act helps Congress by cutting waste, so it should be upheld."

10. 5.

    Noah reads card CL and argument C6. How does the Court's reasoning treat the argument that the Act is useful?

    • Congress may delegate any power if it passes the Act by two thirds of each house
    • Usefulness decides; a helpful procedure is allowed even if Article I does not name it
    • Usefulness does not decide; Article I's procedure for making law must still be followed
    • The argument is irrelevant because the Court just reviews bills about spending

11. Senate rule (our words)

    Debate in the Senate can continue until three fifths of all senators, 60 of 100, vote for cloture to end it. Before 1975, cloture needed two thirds of the senators present and voting. After cloture ends debate, a bill still needs a simple majority to pass.

12. 6.

    Pia reads card SR. How did the move from two thirds to 60 votes change how many senators can block cloture?

    • Blocking became easier, since 60 is a smaller number than 67
    • Nothing changed, since both rules are supermajorities that need many votes
    • Blocking now takes 41 senators, up from 34, so blocking became harder
    • Blocking now takes 50 senators, half of the Senate, under the 60-vote rule

13. Article I, Section 7 (quoted in part)

    "Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. …"

14. 7.

    Zee reads Article I. With 435 House members voting, what is the smallest group that can sustain a veto?

    • 218 members, a majority of the House, since a majority decides each vote
    • 146 members, since 290 yes votes are needed and 146 no votes leave only 289
    • 217 members, one fewer than a majority, so the veto stands solely with 217
    • 145 members, exactly one third, since one third is automatically enough to block

15. Case C10 (made-up)

    In the Senate, 57 senators support a bill and 43 oppose it. The opponents begin a long debate. Cloture needs three fifths of all 100 senators. Senate rule (our words): Debate in the Senate can continue until three fifths of all senators, 60 of 100, vote for cloture to end it. Before 1975, cloture needed two thirds of the senators present and voting. After cloture ends debate, a bill still needs a simple majority to pass.

16. 8.

    Ari reads cards C10 and SR. 57 senators support a bill. What happens, and what would change it?

    • Debate continues; three more votes for cloture would reach 60
    • The bill fails for good, since the cloture vote came up short
    • The bill goes to a conference committee, which ends the debate
    • The bill passes, since 57 is a majority of the Senate

17. Case C11 (made-up)

    A bill passes the House 230 to 205 and the Senate 62 to 38. The President vetoes it. All members vote the same way on an override. Article I, Section 7 (quoted in part): "Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. …"

18. 9.

    Esme reads cards C11 and AV. The President vetoes a bill that passed the House 230 to 205 and the Senate 62 to 38. Can Congress override?

    • Yes in the House, since 230 is a majority of the members voting
    • Yes in the Senate, since 62 votes already passed it with a cloture vote
    • No; both houses are short, since 290 of 435 and 67 of 100 are needed
    • Solely if three fourths of both houses vote, which no vote here reached

19. Claim (made-up)

    "Overriding a veto is nearly impossible, so the War Powers Resolution of 1973 cannot have become law over a presidential veto." Article I, Section 7 (quoted in part): "Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. …"

20. 10.

    Bo reads claim C12 and Article I. The War Powers Resolution of 1973 became law over a veto. What does that show about the claim?

    • Vetoes do not apply to resolutions, so the claim has no connection to the Resolution
    • The President signs after an override, so the claim about vetoes is unaffected
    • Override takes just a majority, since the Resolution passed by a majority first
    • Override can happen; it takes two thirds of each house, so it needs broad agreement