Act of Congress
Encyclopedia
An Act of Congress is a statute
enacted by government with a legislature
named "Congress
," such as the United States Congress
or the Congress of the Philippines
.
In the United States, Acts of Congress are designated as either public laws, relating to the general public, or private laws
, relating to specific institutions or individuals. Since 1957, all Acts of Congress have been designated as "Public Law X-Y" or "Private Law X-Y," where X is the number of the Congress and Y refers to the sequential order of the bill (when it was enacted). For example, P. L. 111-5 (American Recovery and Reinvestment Act of 2009
) was the fifth enacted public law of the 111th United States Congress
. Public laws are also often abbreviated as Pub. L. No. X-Y.
.
"Act of Congress" is sometimes used in informal speech to indicate something for which getting permission is burdensome. For example, "It takes an Act of Congress to get a building permit in this town".
, or given the force of law, in one of the following ways:
The President promulgates Acts of Congress made by the first two methods. If an Act is made by the third method, the presiding officer of the house that last reconsidered the act promulgates it.
Under the United States Constitution
, if the President does not return a bill or resolution to Congress with objections before the time limit expires, then the bill automatically becomes an Act; however, if the Congress is adjourned at the end of this period, then the bill dies and cannot be reconsidered (see pocket veto
). In addition, if the President rejects a bill or resolution while the Congress is in session, a two-thirds vote of both houses of the Congress is needed for reconsideration to be successful.
Promulgation in the sense of publishing and proclaiming the law is accomplished by the President, or the relevant presiding officer in the case of an overridden veto, delivering the act to the Archivist of the United States
. After the Archivist receives the Act, he or she provides for its publication as a slip law and in the United States Statutes at Large
. Thereafter, the changes are published in the United States Code
.
An Act of Congress that violates the Constitution may be declared unconstitutional by the courts. The judicial declaration of an Act's unconstitutionality does not remove the law from the statute books; rather, it prevents the law from being enforced. However, future publications of the Act are generally annotated with warnings indicating that the statute is no longer valid law.
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
enacted by government with a legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
named "Congress
Congress
A congress is a formal meeting of the representatives of different nations, constituent states, independent organizations , or groups....
," such as the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
or the Congress of the Philippines
Congress of the Philippines
The Congress of the Philippines is the national legislature of the Republic of the Philippines. It is a bicameral body consisting of the Senate , and the House of Representatives although commonly in the Philippines the term congress refers to the latter.The Senate is composed of 24 senators half...
.
In the United States, Acts of Congress are designated as either public laws, relating to the general public, or private laws
Private bill
A private bill is a proposal for a law that would apply to a particular individual or group of individuals, or corporate entity. If enacted, it becomes a private Act . This is unlike public bills which apply to everyone within their jurisdiction...
, relating to specific institutions or individuals. Since 1957, all Acts of Congress have been designated as "Public Law X-Y" or "Private Law X-Y," where X is the number of the Congress and Y refers to the sequential order of the bill (when it was enacted). For example, P. L. 111-5 (American Recovery and Reinvestment Act of 2009
American Recovery and Reinvestment Act of 2009
The American Recovery and Reinvestment Act of 2009, abbreviated ARRA and commonly referred to as the Stimulus or The Recovery Act, is an economic stimulus package enacted by the 111th United States Congress in February 2009 and signed into law on February 17, 2009, by President Barack Obama.To...
) was the fifth enacted public law of the 111th United States Congress
111th United States Congress
The One Hundred Eleventh United States Congress was the meeting of the legislative branch of the United States federal government from January 3, 2009 until January 3, 2011. It began during the last two weeks of the George W. Bush administration, with the remainder spanning the first two years of...
. Public laws are also often abbreviated as Pub. L. No. X-Y.
Usage
The word "Act", as used in the term "Act of Congress", is a common, not a proper noun. The capitalization of the word Act is deprecated by some dictionaries and usage authorities. Some writers, and in particular, the US Code, capitalize "Act". This is likely a result of the more liberal use of capital letters in legal contexts, which has its roots in the 18th century capitalization of all nouns as is seen in the United States ConstitutionUnited States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
.
"Act of Congress" is sometimes used in informal speech to indicate something for which getting permission is burdensome. For example, "It takes an Act of Congress to get a building permit in this town".
Promulgation (United States)
An Act adopted by simple majorities in both houses of Congress is promulgatedPromulgation
Promulgation is the act of formally proclaiming or declaring a new statutory or administrative law after its enactment. In some jurisdictions this additional step is necessary before the law can take effect....
, or given the force of law, in one of the following ways:
- Signature by the President of the United StatesPresident of the United StatesThe President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
, - Inaction by the President after ten days from reception (excluding Sundays) while the Congress is in session, or
- Reconsideration by the Congress after a presidential vetoVetoA veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
during its session. (A bill must receive a 2/3 majority vote in both houses to override a president's veto).
The President promulgates Acts of Congress made by the first two methods. If an Act is made by the third method, the presiding officer of the house that last reconsidered the act promulgates it.
Under the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, if the President does not return a bill or resolution to Congress with objections before the time limit expires, then the bill automatically becomes an Act; however, if the Congress is adjourned at the end of this period, then the bill dies and cannot be reconsidered (see pocket veto
Pocket veto
A pocket veto is a legislative maneuver in United States federal lawmaking that allows the President to veto a bill indirectly.The U.S. Constitution limits the President's period for decision on whether to sign or veto any legislation to ten days while the United States Congress is in session...
). In addition, if the President rejects a bill or resolution while the Congress is in session, a two-thirds vote of both houses of the Congress is needed for reconsideration to be successful.
Promulgation in the sense of publishing and proclaiming the law is accomplished by the President, or the relevant presiding officer in the case of an overridden veto, delivering the act to the Archivist of the United States
Archivist of the United States
The Archivist of the United States is the chief official overseeing the operation of the National Archives and Records Administration. The first Archivist, R.D.W. Connor, began serving in 1934, when the National Archives was established as an independent federal agency by Congress...
. After the Archivist receives the Act, he or she provides for its publication as a slip law and in the United States Statutes at Large
United States Statutes at Large
The United States Statutes at Large, commonly referred to as the Statutes at Large and abbreviated Stat., are the official source for the laws and concurrent resolutions passed by the United States Congress...
. Thereafter, the changes are published in the United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
.
An Act of Congress that violates the Constitution may be declared unconstitutional by the courts. The judicial declaration of an Act's unconstitutionality does not remove the law from the statute books; rather, it prevents the law from being enforced. However, future publications of the Act are generally annotated with warnings indicating that the statute is no longer valid law.
See also
- Legislative actLegislative actA legislative act is a formal written enactment produced by a legislature or by a legislative process. It may be contrasted with a non-legislative act which is adopted by an executive or administrative body under the authority of a legislative act or for implementing a legislative act....
- List of United States federal legislation for a list of prominent acts of Congress.
- Act of ParliamentAct of ParliamentAn Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
- Coming into forceComing into forceComing into force or entry into force refers to the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect...
- Enactment
- Federal RegisterFederal RegisterThe Federal Register , abbreviated FR, or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains most routine publications and public notices of government agencies...