AF-separation-of-powers-Digital-20 - Flipbook - Page 13
L E G I S L AT I V E B R A N C H
How Laws Are Created
& Implemented
G
enerally, laws are created and corresponding
regulations (or rules) are established by way of the
following three procedural steps.
First, members of Congress draft legislation and
distribute it to other members of Congress for review
and feedback purposes and determine whether a piece
of legislation is likely to pass in both the House of
Representatives and Senate. At some point, before a
vote is taken and legislation is either passed or not,
members of Congress have opportunities to revise,
discuss and debate the proposed legislation and there
are, almost always, voices of dissent in the room.
Dissenting opinions and minority voices are
cornerstones of our Constitutional Republic, including
ensuring pieces of legislation are given adequate
consideration in public and “on the record” before
becoming law. Although Congressional lawmaking can
be time-consuming and frustrating, laws that go through
such a rigorous and formal process signify credibility
and reasonableness and tend to foster public trust.
Second, once legislation passes Congress and the
President signs off, law has been created.
Third, the implementation of the law. To do this,
departments and agencies of the Executive Branch
create informal regulations and policies so impacted
stakeholders can more easily comply with the new law.
While agency regulations are published in outline form
within the Code of Federal Regulations, which is
officially updated annually, they are expressed and
explained more fully and in greater detail in the Federal
Register. For agency regulations and/or policies to be
valid, they must not conflict with the law they augment
and must be consistent with Congressional intent at the
time the law was created.
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