How Laws are Created

Lawmaking:
How Laws Are Created

Laws are rules made by the government that people in a country have to follow. Lawmaking is the process by which laws are proposed, deliberated, and decided upon by legislators and/or the voting public.

Laws are primarily made by the legislative branch of governments. At the national level, the legislative branch is called Congress and is made up of the House of Representatives and the Senate. The people in these government bodies are known as legislators.

Federal Laws and Lawmakers

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Lawmaking is the process that we use to ​

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laws in the United States. The branch of the government that  makes laws is called the ​

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Branch. This branch of government is called  ​

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and is made up of 2 groups of people called the ​

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and the House of Representatives.

Our state governments also have legislative branches, and they are structured in a way that is similar to the national government, so they use similar processes for making laws. State laws only impact that state, and they can’t go against federal laws.

Remember the Supremacy Clause in the Constitution, which states this! The Supremacy Clause in the U.S. Constitution establishes that federal laws, treaties, and the Constitution itself take precedence over any conflicting state laws, essentially meaning that when a state law contradicts a federal law, the federal law will be upheld as the "supreme law of the land.". 

State Laws and Lawmakers

Multiple Choice

What does the Supremacy Clause in the Constitution do?

• The Supremacy Clause ensures that federal law overrides state law.
• The Supremacy Clause only applies to international treaties.
• The Supremacy Clause is about the separation of powers.
• The Supremacy Clause allows state law to override federal law.

Our local governments (the governments in our cities and towns) also have legislative bodies and lawmaking powers. The legislative branch in a local government is known as a city or town council. There is no senate or House of Representatives in our local government.


However, when a city or town makes a law it is actually called an ordinances, not a law.

Local Laws

Multiple Choice

What is an ordinance?

• An ordinance is a local law or regulation enacted by a governing body.
• A suggestion made by a citizen to the government.
• A type of federal law that applies nationwide.
• A guideline for international treaties.

Multiple Choice

How are state laws and federal laws different?

• State laws are the same across all states.
• Federal laws can be changed by state legislatures.
• State laws apply to federal matters only.
• State laws are specific to each state, while federal laws apply nationwide and take precedence over state laws.

One other category of law in the United States is tribal law. Native American tribes have their own governments and make their own laws. Their laws apply to members of their tribes and sometimes to other people on their tribal lands. Historical treaties between Native American tribes and the U.S. government shape the extent to which federal and state laws apply to them.


The Property Clause of the United States Constitution gives Congress the authority to make and enforce all necessary rules and regulations to protect federal property, including property that is held in proprietary jurisdiction status.

Tribal Laws

Multiple Choice

True or False: Federal laws do not apply on tribal lands, lands owned and controlled by Native American tribes.

• True

• False

At the federal and state level, legislators propose bills (ideas for laws) in either the Senate or House of Representatives (or sometimes a bill is proposed in both Houses at the same time). Legislators write bills based on what they have heard their constituents, or voters, request. Often, legislators collaborate to draft bills together. Bills then go through a process of revision, in working groups called committees and back in the House or Senate, before final versions are drafted and voted on. A bill passes if it gets over 50% of votes (also known as a simple majority.)

How a Bill Becomes a Law

Once a bill passes the legislature, it is sent to the leader of the executive branch. At the federal level, this is the president. In the state of Massachusetts, this is the governor. The president or governor then signs the bill or vetoes the bill. In Massachusetts, our governor also has the option to send the bill back to the legislature and ask for changes to be made. If the president or governor vetoes the bill, legislators can try to override the veto. The bill becomes a law either when the president or governor signs it or when the legislature overrides the president or governor’s veto. 

How a Bill Becomes a Law

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Put the steps of how a bill becomes a law in order

• A person has an idea for a law and writes a proposal for a bill.

• The bill is then reviewed and revised by a committee

• Legislators vote and if the bill gets approved by more than 50% of the legislators it is approved.

• The bill is sent to the leader of the executive branch to be signed.

• The leader of the executive branch can choose to sign the law or veto it.

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Local governments generally only have one legislative body, so their process for lawmaking is simpler than the process at the federal and state levels. Some local governments have a process that allows ordinances to be vetoed by an executive leader (like a mayor), but others have no veto process.


The mayor of Malden does have the power to veto laws created by the city-council.

Local Laws

Multiple Choice

Do all mayors have the ability to veto laws like a governor a state or the president can?

• All mayors can veto laws like governors.
• Some mayors have unlimited veto power.
• Mayors can veto laws in all states.
• No, not all mayors have veto power.

While most laws are proposed and passed by legislatures, Massachusetts also has a special process called initiative petition that allows anyone in the state to propose a law. If the initiative petition is successful, the proposed law can become a ballot measure (a law, issue, or question that appears on a statewide or local ballot). Voters in the state get to vote on it and decide whether the law should be passed.

Other Ways to Make Laws

Multiple Choice

What is an initiative petition?

• A way for lawmakers to bypass public opinion.
• An initiative petition is a method for citizens to propose laws or amendments through a signature-gathering process.
• A process for citizens to vote directly on issues.
• A legal document that requires no signatures.