[106th Congress House Rules Manual -- House Document No. 106-320]
[From the U.S. Government Printing Office Online Database]
[DOCID:hrulest-14]
[Page 144-146]
sec. ix--speaker
* * * * *
When <> but one person is
proposed, and no objection made, it has not been usual in Parliament to
put any question
[[Page 145]]
to the House; but without a question the members proposing him conduct
him to the chair. But if there be objection, or another proposed, a
question is put by the Clerk. 2 Hats., 158. As are also questions of
adjournment. 6 Gray, 406. Where the House debated and exchanged messages
and answers with the King for a week without a Speaker, till they were
prorogued. They have done it de die in diem for fourteen days. 1 Chand.,
331, 335.
On October 23, 2000, the House of Commons, pursuant to a Standing
Order, elected a new Speaker after rejection of twelve other nominees
offered one at a time as amendments to the question. The amendments were
offered after refusal of the ``Father of the House of Commons'' to
entertain a motion to change the Standing Order to require a preliminary
secret ballot.
For a discussion of the election of the Speaker of the House of
Representatives, see Sec. 27, supra.
In <> the Senate, a President pro tempore, in the absence of the
Vice-President, is proposed and chosen by ballot. His office is
understood to be determined on the Vice-President's appearing and taking
the chair, or at the meeting of the Senate after the first recess.
In the later practice the President pro tempore has usually been
chosen by resolution. In 1876 the Senate determined that the tenure of
office of a President pro tempore elected at one session does not expire
at the meeting of Congress after the first recess, the Vice President
not having appeared to take the chair; that the death of the Vice
President does not have the effect to vacate the office of President pro
tempore; and that the President pro tempore holds office at the pleasure
of the Senate (II, 1417). In the 107th Congress the Senate elected two
Presidents of the Senate pro tempore for different periods when the
majority of the Senate shifted after inauguration of the Vice President
(S. Res. 3, Jan. 3, 2001, p. ----).
[[Page 146]]
Where <> the Speaker has been ill, other Speakers pro tempore have
been appointed. Instances of this are 1 H., 4. Sir John Cheyney, and Sir
William Sturton, and in 15 H., 6. Sir John Tyrrel, in 1656, January 27;
1658, March 9; 1659, January 13.
Sir Job Charlton ill, Seymour chosen,
1673, February 18. Not merely pro tem. 1
Seymour being ill, Sir Robert Sawyer Chand., 169, 276, 277.
chosen, 1678, April 15.<3-ln }>
Sawyer being ill, Seymour chosen.
Thorpe in execution, a new Speaker chosen, 31 H. VI, 3 Grey, 11; and
March 14, 1694, Sir John Trevor chosen. There have been no later
instances. 2 Hats., 161; 4 Inst., 8; L. Parl., 263.
The House, by clause 8 of rule I, has provided for appointment and
election of Speakers pro tempore. Relying on the Act of June 1, 1789 (2
U.S.C. 25), the Clerk recognized for nominations for Speaker, at the
convening of a new Congress, as being of higher constitutional privilege
than a resolution to postpone the election of a Speaker and instead
provide for the election of a Speaker pro tempore pending the
disposition of certain ethics charges against the nominee of the
majority party (Jan. 7, 1997, p. ----).
A <> Speaker may be removed
at the will of the House, and a Speaker pro tempore appointed, 2 Grey,
186; 5 Grey, 134.
The House has never removed a Speaker; but it had on several occasions
removed or suspended other officers, as Clerk and Doorkeeper (I, 287-
290, 292; II, 1417), who are officers classed by the Constitution in the
phrase ``the House of Representatives shall choose their Speaker and
other officers.'' A resolution for the removal of an officer is
presented as a matter of privilege (I, 284-286; VI, 35), and a
resolution declaring the office of Speaker vacant presents a question of
constitutional privilege (VI, 35).