More often, presidents use executive orders to manage federal operations. Congress may try to overturn an executive order by passing a bill that blocks it. But the president can veto that bill.
Congress would then need to override that veto to pass the bill. Also, the Supreme Court can declare an executive order unconstitutional. Presidential memoranda are like executive orders. The president can use memos to direct government operations. But presidential memos are not numbered when they are published in the Federal Register, as executive orders are. Presidential proclamations are statements that address the public on policy matters. They are mainly symbolic and are usually not enforced as laws.
Congress is the legislative branch of the federal government and makes laws for the nation. Congress has two legislative bodies or chambers: the U.
Senate and the U. House of Representatives. Anyone elected to either body can propose a new law. A bill is a proposal for a new law. A bill can be introduced in either chamber of Congress by a senator or representative who sponsors it.
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions.
Then both chambers vote on the same exact bill and, if it passes, they present it to the president. The president then considers the bill. The president can approve the bill and sign it into law or not approve veto a bill. If the president chooses to veto a bill , in most cases Congress can vote to override that veto and the bill becomes a law.
The delegation then casts its one vote on behalf of its province and in accordance with the provincial legislature's mandate. Money Bills allocate public money for a particular purpose or impose taxes, levies or duties. They can only be introduced by the Minister of Finance and they must be introduced in the National Assembly.
They follow the same procedure as that for Bills that do not affect the provinces Section 75 Bills. At present Money Bills may only be debated and not amended as, according to the Constitution, Parliament must still devise legislation for a procedure to amend Money Bills. As the highest law in the land, the Constitution is the foundation for a democratic society and protects the rights of all people. There are special requirements and procedures, therefore, in order to amend the Constitution.
All of them require special majorities so that changes cannot be made by a minority. For example, amending the Bill of Rights requires a vote of two-thirds of the membership of the National Assembly and the support of six provinces in the NCOP.
All constitutional amendments that affect the provinces must be passed by both Houses. Amendments which affect only certain provinces, must be passed by those provinces. In addition, minimum times are laid down for different stages of the legislative process. All constitutional amendments must be published in the Government Gazette with a call for public comment at least 30 days before being introduced in Parliament.
After the Bill which proposes amendments to the Constitution is tabled, 30 days must pass before it can be put to a vote in the National Assembly. A Bill that appropriates money or imposes taxes, levies or duties is called a Money Bill. Most national and provincial Bills are drawn up by a Minister at national level or an MEC at provincial level.
A draft Bill follows a number of steps before introduction. This can take a month, or a few years, depending on factors such as the complexity of the Bill, its controversial nature and the level of public consultation. Bills drawn up by individual Members are called Private Members Bills.
The Constitution expressly gives both individual MPs and MPLs, and committees the power to initiate legislation in sections 73 and Input is required from a department or an organ of the state which could be affected by a proposed Private Members Bill. The relevant parliamentary committee would have to discuss those inputs. When a Member initiating the Bill briefs the Committee, they must inform the Committee of the date on which they published the Bill and the explanatory memorandum attached to it.
The Member must also state if they received any public inputs, which must be presented to the Committee. This process would lead up to a motion of desirability in Rule 4 I. This states that the Committee, after due deliberation, must consider a motion of desirability on the Bill.
If rejected, the Bill must be immediately reported on. If the motion of desirability is adopted, then the Committee can proceed to deliberate on the details of registration.
Parliament has recently drafted rules and procedures enabling a Committee to initiate a Bill. A Bill initiated and introduced by an Assembly committee does not have a First Reading but upon introduction must be placed directly on the Order Paper for Second Reading unless the Bill is referred to a joint committee. Section 73 2 of the Constitution and National Assembly provide that Committees may introduce legislation in the Assembly with the permission of the House.
In terms of Rule , a Committee intending to introduce a Bill, for the purposes of obtaining the permission of the House, must table a memorandum setting out the particulars of the proposed Bill.
There have been cases where the Assembly has instructed a Committee to introduce a Bill, i. Rule prescribes that, if the House gives permission to a Committee to introduce a Bill, the Committee must prepare a draft Bill and a memorandum, consult the JTM for advice on the classification of the Bill and comply with the Rules and Rule and states that a Bill may only be introduced in the Assembly if prior notice of its introduction has been given in the Government Gazette with an invitation to interested persons to submit written representations.
In terms of Rule , the Committee, before introduction, must give interested persons at least three weeks to make submissions, confer with the relevant State Department, consult the JTM and may, in view of any comments, adjust the draft Bill before introduction. This essentially fulfils the requirement of public participation. In accordance with Rule , a Committee introduces a Bill in the Assembly by submitting both a copy of the Bill and a memorandum to the Speaker.
The memorandum must, inter alia explain the objects of the Bill; give account of the expected financial implications for the State; contain a list of all persons consulted; and a legal opinion and certification by a parliamentary legal advisor on the proposed classification of the Bill and its compliance with the Constitution and drafting conventions respectively. Once introduced the Bill is formally classified by the JTM. In terms of Rule , a Bill initiated by a Committee does not have a First Reading but, upon introduction, must be placed directly on the Order Paper for Second Reading.
It then submits the Bill, either in its original form or with amendments, to the National Assembly with a report. Schedule 4 of the Constitution lists the matters that affect the provinces and which therefore have to be dealt with in Section 76 Bills.
In exceptional circumstances Parliament may make provincial laws to maintain national security, maintain economic unity, establish minimum standards for service delivery, or to prevent unreasonable action by a province which affects the interests of another province or the country.
It is a draft version of a law. Most Bills are drawn up by a government department under direction of the relevant minister or deputy minister. This kind of Bill must be approved by the Cabinet before being submitted to Parliament.
As soon as a Bill is introduced in Parliament it needs to be classified into one of the 4 categories mentioned above by the Joint Tagging Mechanism JTM. These office-bearers are assisted by the parliamentary legal advisors.
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