Simple, Concurrent, and Joint Resolutions

Besides bills, Congress acts through resolutions, which come in three forms that differ in who must approve them and whether they have the force of law. A simple resolution, designated H.Res. or S.Res., is adopted by one chamber alone and deals with that chamber's own business, such as adopting its rules, creating committees, setting terms for debate, or expressing an opinion. It does not go to the other chamber or the President and does not become law.

A concurrent resolution, designated H.Con.Res. or S.Con.Res., must be adopted by both chambers but is not sent to the President, so it does not make law. It is used for matters affecting both chambers, such as adjournments, joint sessions, and the annual budget resolution that sets spending targets. A joint resolution, designated H.J.Res. or S.J.Res., goes through the same process as a bill and becomes law when signed by the President or passed over a veto, and it is used for continuing resolutions, declarations of war, disapproval of agency rules under the Congressional Review Act, and other specific actions.

The one exception for joint resolutions is a proposed constitutional amendment, which needs two-thirds of each chamber and then goes directly to the states for ratification without the President's signature, as the Supreme Court indicated in Hollingsworth v. Virginia in 1798. The line between resolutions that bind and those that do not became important in INS v. Chadha in 1983, when the Court struck down legislative vetoes that let Congress overturn executive actions without presenting a measure to the President. Supporters of that ruling said it protects the Constitution's lawmaking process, while critics said it removed a practical check on delegated power.