Act of Congress - Promulgation (United States)

Promulgation (United States)

An Act adopted by simple majorities in both houses of Congress is promulgated, or given the force of law, in one of the following ways:

1. Signature by the President of the United States,
2. Inaction by the President after ten days from reception (excluding Sundays) while the Congress is in session, or
3. Reconsideration by the Congress after a presidential veto 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, 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 However, future publications of the Act are generally annotated with warnings indicating that the statute is no longer valid law.