How Laws Are Supposed to Be Made

 

What It Means When That Process Is Ignored

“It will be of little avail to the people… if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood.”
— James Madison, Federalist No. 62

Most Americans have no idea how a bill becomes law—and that’s not entirely their fault. Somewhere between the civics textbook version and today’s backroom legislating, the process has become bloated, bypassed, or buried under bureaucracy.

But if we don’t know how laws are supposed to be made, we won’t notice when they’re being written in the dark, rushed through without debate, or handed off to unelected agencies. A republic depends on law that is open, accountable, and deliberate—not law by fiat.

This post walks through the real legislative process as the Constitution designed it, and highlights where modern politics has drifted—and why that drift threatens liberty.

The Constitutional Blueprint: Deliberate and Accountable

The Founders placed lawmaking in the hands of Congress, and divided it between two houses:

• The House of Representatives—closer to the people, with short terms and district-based elections
  
  

• The Senate—designed for stability, slower action, and long-term deliberation
  
  

No bill can become law without passing both houses and being signed by the president (or passed over his veto). That’s intentional. It forces compromise, slows impulsive action, and demands public scrutiny.

The Intended Process, Step by Step

1. A Bill Is Introduced
   A member of Congress drafts a bill and submits it. It’s then assigned to a relevant committee.
   
   

2. Committee Review
   The committee holds hearings, gathers expert testimony, and marks up the bill with changes. Most bills die here, and that’s fine—bad ideas should.
   
   

3. House and Senate Debate
   If approved by committee, the bill moves to the full chamber for debate and amendment. This is where public accountability is strongest—votes are recorded.
   
   

4. Both Chambers Must Pass the Same Version
   The House and Senate each pass the bill—but if their versions differ, it goes to a conference committee to resolve differences.
   
   

5. Presidential Action
   The president can sign the bill, veto it, or let it become law without signing. If vetoed, Congress can override with a two-thirds majority in both houses.
   
   

This process is slow by design. It’s not supposed to be efficient—it’s supposed to be legitimate.

What’s Gone Wrong in Modern Practice

Today, that ideal process is often sidestepped. Here’s how:

1. Massive “Omnibus” Bills

Congress bundles dozens (or hundreds) of unrelated issues into 1,000+ page spending bills—passed under pressure with little time for debate. Lawmakers vote on bills they haven’t read. That’s not oversight. That’s rubber-stamping.

2. Rule by Bureaucracy

Congress often writes vague laws and hands implementation to federal agencies, which issue regulations that carry the force of law. These agencies—EPA, IRS, OSHA, and many more—are run by unelected officials. That’s a dangerous transfer of power.

3. Executive Orders and Rulemaking

Presidents now routinely bypass Congress by issuing executive orders, directing agencies to act as if legislation has already passed. These orders are not laws—but they are treated like them until challenged in court.

4. Judicial Legislation

Courts have increasingly redefined laws through expansive interpretation or created new standards not present in the original text. This gives judicial decisions the weight of legislation—without any democratic input.

Why This Drift Matters

• Process matters in a republic. The rule of law means laws are made by elected representatives, through open debate, under public scrutiny.
  
  

• Bypassing the process undermines accountability. You can vote out a bad legislator. You can’t vote out a federal agency or a judge.
  
  

• Bad process leads to bad law. Laws passed in haste or in secret often have unintended consequences—and no one wants to take the blame.
  
  

When laws are made without process, they’re not just bad policy—they’re unconstitutional in spirit, even if not in form.

What Citizens Can Do

• Demand transparency. Ask your representatives to oppose bloated, unreadable bills and insist on open debate.
  
  

• Push for sunset clauses. Laws and regulations should expire unless renewed—forcing review and reevaluation.
  
  

• Stay informed. Learn what laws are being considered at both the state and federal level. Follow committee work, not just final votes.
  
  

• Challenge executive overreach. Whether by lawsuit, protest, or election, executive rulemaking must be held in check.
  
  

Why It Still Matters

The strength of a republic lies not just in what it does—but how it does it. The more we let that process decay, the more we replace rule of law with rule of men. And that never ends well.

The people deserve law that is public, reasoned, debated, and passed in daylight—not buried in 4,000 pages at 2 a.m.

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Next: Spending, Debt, and the Fiscal Cliff

In the next post, we’ll confront one of the most serious—and ignored—threats to America’s long-term stability: unsustainable spending and national debt. We’ll explain how Congress broke the budget process, what it means for future generations, and what it will take to restore financial sanity.