Let’s begin here with this topic with
explaining the basic outline of the numerous steps
of the federal lawmaking process from the source
of an idea for a legislative proposal through
its publication as a statute. The legislative
process is a matter about which every person should
be well informed in order to understand and appreciate
the work of Congress.
This will enable others to gain a greater understanding
of the federal legislative process and its role
as one of the foundations of the United States
of America’s representative system. One
of the most practical safeguards of the American
democratic way of life is this legislative process
with its emphasis on the protection of the public
interest, allowing ample opportunity to all sides
to be heard and make their views known. The fact
that a proposal cannot become a law without consideration
and approval by both Houses of Congress is an
outstanding virtue of the United States of America’s
bicameral legislative system.
The open and full discussion provided under the
Constitution often results in the notable improvement
of a bill by amendment before it becomes law or
in the eventual defeat of an inadvisable proposal.
Section 1 of Article 1 of the United States Constitution,
provides that:
All legislative Powers herein granted shall
be vested in a Congress of the United States,
which shall consist of a Senate and House of Representatives.
Unlike some other parliamentary bodies, both the
Senate and the House of Representatives have equal
legislative functions and powers with certain
exceptions. As both bodies have equal legislative
powers, the designation of one as the "upper"
House and the other as the "lower" House
is not appropriate. The chief function of Congress
is the making of laws.
In addition, the Senate has the function of
advising and consenting to treaties and to certain
nominations by the President.
Sources of ideas for legislation are unlimited
and proposed drafts of bills originate in many
diverse quarters. Primary among these is the idea
and draft conceived by a Member. This may emanate
from the election campaign during which the Member
had promised, if elected, to introduce legislation
on a particular subject. The Member may have also
become aware after taking office of the need for
amendment to or repeal of an existing law or the
enactment of a statute in an entirely new field.
In addition, the Member's constituents, either
as individuals or through citizen groups, may
avail themselves of the right to petition or transmit
their proposals to the Member. Many excellent
laws have originated in this way, as some organizations,
because of their vital concern with various areas
of legislation, have considerable knowledge regarding
the laws affecting their interests and have the
services of legislative draftspersons for this
purpose. Similarly, state legislatures may "memorialize"
Congress to enact specified federal laws by passing
resolutions to be transmitted to the House and
Senate as memorials.
If favorably impressed by the idea, a Member
may introduce the proposal in the form in which
it has been submitted or may redraft it. In any
event, a Member may consult with the Legislative
Counsel of the House or the Senate to frame the
ideas in suitable legislative language and form.
Many of the executive departments and independent
agencies employ legislative counsels who are charged
with the drafting of bills. These legislative
proposals are forwarded to Congress with a request
for their enactment.
The drafting of statutes is an art that requires
great skill, knowledge, and experience. In some
instances, a draft is the result of a study covering
a period of a year or more by a commission or
committee designated by the President or a member
of the Cabinet.
There are two types of bills--public and private.
A public bill is one that affects the public generally.
A bill that affects a specified individual or
a private entity rather than the population at
large is called a private bill. A typical private
bill is used for relief in matters such as immigration
and naturalization and claims against the United
States.
A bill that has been agreed to in identical
form by both bodies becomes the law of the land
only after--
1. Presidential approval; or
2. Failure by the President to return it with
objections to the House in which it originated
within 10 days (Sundays excepted) while Congress
is in session; or
3. The overriding of a presidential veto by
a two- thirds vote in each House.
It does not become law without the President's
signature if Congress by their final adjournment
prevents its return with objections. Joint resolutions
may originate either in the House of Representatives
or in the Senate--not, as is sometimes incorrectly
assumed, jointly in both Houses. There is little
practical difference between a bill and a joint
resolution and the two forms are often used interchangeably.
One difference in form is that a joint resolution
may include a preamble preceding the resolving
clause.
Statutes that have been initiated as bills have
later been amended by a joint resolution and vice
versa. Both are subject to the same procedure
except for a joint resolution proposing an amendment
to the Constitution. When a joint resolution amending
the Constitution is approved by two-thirds of
both Houses, it is not presented to the President
for approval. Following congressional approval,
a joint resolution to amend the Constitution is
sent directly to the Archivist of the United States
for submission to the several states where ratification
by the legislatures of three-fourths of the states
within the period of time prescribed in the joint
resolution is necessary for the amendment to become
part of the Constitution.
Perhaps the most important phase of the legislative
process is the action by committees. The committees
provide the most intensive consideration to a
proposed measure as well as the forum where the
public is given their opportunity to be heard.
The Members do a tremendous volume of work often
overlooked by the public, in this phase. There
are, at present, 19 standing committees in the
House and 16 in the Senate as well as several
select committees. In addition, there are four
standing joint committees of the two Houses, with
oversight responsibilities but no legislative
jurisdiction. The House may also create select
committees or task forces to study specific issues
and report on them to the House. A task force
may be established formally through a resolution
passed by the House or informally through organization
of interested Members by the House leadership.
One of the first actions taken by a committee
is to seek the input of the relevant departments
and agencies about a bill. Frequently, the bill
is also submitted with a request for an official
report of views on the necessity or desirability
of enacting the bill into law. Normally, ample
time is given for the submission of the reports
and they are accorded serious consideration. However,
these reports are not binding on the committee
in determining whether or not to act favorably
on the bill. If the committee votes to report
the bill to the House, the committee staff writes
a committee report. The report describes the purpose
and scope of the bill and the reasons for its
recommended approval. Generally, a section-by-section
analysis is set forth explaining precisely what
each section is intended to accomplish.
The committee having oversight responsibility
is required to review and study any conditions
or circumstances that may indicate the necessity
or desirability of enacting new or additional
legislation within the jurisdiction of that committee,
and must undertake, on a continuing basis, future
research and forecasting on matters within the
jurisdiction of that committee.
In the context of the proposal to introduce
the amendment to the constitution of the United
States of America as not to deny the right of
employment to any individual on account of his
or her immigration status is too early. Before
its enacted, I believe that there should be a
special task force made to look into it’s
feasibility which at the moment appears to be
a too over optimistic promise, especially after
the September eleven attack and analyzing the
current socio economic situation, specifically
the current economic situation.
Following is the extract of a case, Tyson V/S
Plaintiff, in which The Complaint contends that
all such persons have been victimized by a scheme
perpetrated by Tyson to depress the wages paid
to its employees by knowingly hiring a workforce
substantially comprised of undocumented illegal
immigrants for the express purpose of depressing
wages (hereafter “the Illegal Immigrant
Hiring Scheme”).
Tyson perpetrated the Illegal Immigrant Hiring
Scheme through a complex and highly disciplined
network of recruiters and temporary employment
agencies, which obtain illegal immigrants, and
perform additional services to facilitate their
illegal employment by Tyson including transporting
them to the U.S., obtaining housing in the U.S.,
and falsifying identification documents. The Illegal
Immigrant Hiring Scheme violates the Racketeer
Influenced and Corrupts Act (RICO) and has directly
and proximately caused the wages paid to plaintiffs
and the class members to be substantially depressed,
i.e., below the level of wages paid by other employers
of unskilled laborers in the areas surrounding
the 15 Tyson facilities who participated in the
Illegal Immigrant hiring Scheme. This has raised
the following questions;
Whether Tyson is engaging in the Illegal Immigrant
Hiring Scheme;
Whether Tyson is doing so in order to depress
its employees’ wages;
Whether the Illegal Immigrant Hiring Scheme has
caused class members’ wages to be depressed;
Whether Tyson conducted the Illegal Employment
Hiring Scheme through its network of recruiters
and temporary employment agencies;
Whether the Illegal Immigrant Hiring Scheme
violates the Immigration and Nationality Act and
RICO; and
Whether Tyson should be enjoined from conducting
further racketeering activity and further association
with its network of recruiters and temporary employment
agencies.
The case mentioned above is one out of the many.
Such cases not only promote depressed wages but
also affect the tax framework, and on the other
end it also promotes illegal migration process
in the United States. Cases like such not only
promote depressed wages but also bring the image
of the US Government on a stake at the global
level, in the eyes of the world. This has laid
way to the mushroom cultivation of such ill organizations
involved in the racketing activity. The production
of false identification documents reduces the
trail to track the miscreants if involved in other
illegal activities including terrorism on the
other extreme hand, when the US government has
vowed to fight against all the forces and sources
of terrorism.
Following is another extract of an extreme case
of terrorism in which an American resident of
Long Island Vinessa was brutally murdered by an
illegal immigrant and the family of plaintiff
is seeking support to stop the influx of employment
of illegal immigrants in the United States. Vinessa
Hioera was brutally murdered. An illegal immigrant
has been formally charged by the Grand Jury with
murder in the first degree, murder in the second
degree and arson in the third degree. This man,
who worked side by side with Vinessa Hioerra,
did not have the credentials to live or work in
the United States. The Plaintiff’s family
has been living for over more than fifty years
in the Long Island in USA. Until now, there never
had been a single experience, there has never
been noticed anything but a respectful blend of
diversified cultures.
Vinessa was a daughter, mother to a five-year-old
kid and a sister. This murder was no accident
but a deliberate violent act against a beautiful,
charming, loving and caring woman. A conviction
in this case would justify Vinessa’s Law.
The Government has already installed the laws
against hiring people without valid credentials.
The government does allow immigrants to come to
the United States to enjoy a better way of life,
through the immigration process. This process
allows them to work and pay taxes and become an
active and acceptable part of the United States’
society. The laws state that any employer who
hires an illegal immigrant is in direct violation
of homeland security, and will be fined for each
illegal immigrant employed.
The purpose here is not to target any single
nationality or minority. The country’s financial
resources are being depleted because there are
just too many, who are part of the problem and
contribute nothing to the solution. The schools
are over crowded, the medical facilities are a
nightmare and the prisons cannot house the over
population of illegal immigrants being convicted
of violent crimes. The scales are being tilted
in a very dangerous direction and what happened
to Vinessa is too much of a heavy load for the
victim’s family to carry alone. This cause
to stop the illegal immigrants’ employment
process should be brought to a halt, to bring
the scales of justice back to an even balance
of the American society and the safety of the
America’s children.
The law should be enforced wherein enforcement
officers would have the authority to act as Homeland
security and issue violations for each illegal
immigrant employed. Then based upon the past violations,
they would have the authority to shut down a business
if they fail to comply after two violation convictions.
These laws have already been passed to defend
Americans against the practice of hiring illegal
immigrants, yet rarely enforced.
This law would also give the immigrant the opportunity
to register and gain legal status through the
proper channels or leave the country if they fail
to comply. This practice would enforce the regulations
already on record on a local level, thus giving
home security a wider range of control.
Again, I will emphasize that had the laws on
record been enforced the undocumented immigrant
that murdered Vinessa had not been working side
by side with her, and I believe she would had
been alive today. It is argued that it could have
been anyone that murdered her. Yes, it could have
been anyone, but it was not, it was an undocumented
immigrant who did not belong in the United States
of America. A ghost that the government did not
even know existed, until he murdered Vinessa,
now he is costing the tax payers thousands and
thousands of dollars.
This man worked side by side with Vinessa, they
earned the same hourly wage, yet he was paid one
third more for his forty hours then the hard working
single mother, because he did not pay any employment
taxes.
Self-government is the most important principle
in the constitution of the United States. Out
of the three main principles of the constitution,
the two most important ones are: Inherent Rights
that people living in the United States have and
Government by the people. These principles arc
what has enabled the government to work so well
in the USA. Everyone’s rights are protected.
The United States has a government of the people
and by the people. The people have the right to
vote for and delegate their authority to their
representatives in the government; and elect different
representatives, change the laws or the constitution
when they believe these changes need to be made.
Americans have been devoted to defending the principles
in the constitution, changing it only as much
as needed to adapt to the changing world.
The constitution contains two sections:
-The Document
-The Amendment.
The document part of the constitution has never
been changed. The amendments have been added to
the constitution to guarantee specific rights
and to solve the problems, which have arisen since
the document was first written. For this reason
the constitution is called a living document.
Amendments make the government able to adapt to
changing situations. The constitution and its
amendments provide the basis of the American government.
All aspects of government in the United States
are influenced by the constitution – the
country’s most important document. The founding
fathers of the constitution believed that the
right to life, liberty and the pursuit of happiness
was very important for the American citizen. This
right is the basic foundation stone for all the
rights listed in the constitution and its amendments.
Everyone’s rights are protected; if the
citizens feel the government has to be changed
they can change it.
The American government strives to ensure to
the best that the interests of all its’
people are served, rather than the interests of
a small group.
Until now there have been twenty-six amendments
and all these twenty-six amendments assure safety
and rights to its American people. But the proposed
amendment as to allow immigrants whether of legal
or illegal status the right to employment would
change the lives of the millions of American people
who will feel more vulnerable and susceptible
and on the other hand it would contradict the
most important principle of the constitution itself,
which is government by the people, for the people.
The cases listed above have highlighted the
situation further and are an advocate of my opinion
as not to allow the amendment to be added in the
constitution- the living document of the government
of the USA, whose main crux is the protection
of American life and American society’s
culture.
Works Cited :
How our laws are made: Thomas – US Congress
on the Internet
American Law sources online
www.lawsource.com
The online constitution of USA: links to US law
resources
www.usinfo.state.gov
Vinessa’s case: Stop the employment of illegal
immigrants
www.gopetition.com/online/4518.html
Plaintiff v/s Tyson Foods Inc a Corp
www.vdare.com/misc/tyson_complaint.htm