[Deschler's Precedents]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:52093c05_txt-8]                         

[Page 318-319]
 
                               CHAPTER 5
 
                  The House Rules, Journal, and Record
 
                       A. HOUSE RULES AND MANUAL
 
Sec. 7. --Abrogation or Waiver

    In most cases, the requirements of the rules can be waived or 
abrogated through the use of various procedures. The House, for 
example, may by unanimous consent agree to a certain order of business, 
or may vote to suspend the rules. These procedures are discussed in 
detail elsewhere.<SUP>(1)</SUP> Generally, the Speaker may recognize 
for unanimous-consent requests to waive the requirements of existing 
rules unless the rule in question specifies that it is not subject to 
waiver.<SUP>(2)</SUP> Similarly, the power of the House to change its 
rules at any time, as by amendment or by provisions included in 
legislative enactments, is recognized, as has been discussed 
above.<SUP>(3)</SUP> Moreover, it appears that where a motion not in 
order under the rules of the House is, without objection, considered 
and agreed to, it controls the procedure of the House until carried 
out, unless the House takes affirmative action to the 
contrary.<SUP>(4)</SUP>
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 1. See Ch. 21, infra.
 2. See Ch. 21, infra.
            For debate of amendments under the five-minute rule, see 
        Ch. 29, infra.
 3. See Sec. 5, supra.
            Provisions in a legislative enactment may have the effect 
        of rendering inapplicable a House rule adopted earlier with 
        respect to the matters covered in the enactment. Being a later 
        expression of the will of the House, such enactment may, for 
        example, expressly authorize that which is prohibited by the 
        rule. See Sec. 6.2, supra.
 4. 114 Cong. Rec. 30214, 90th Cong. 2d Sess., Oct. 9, 1968 (remarks of 
        Speaker John W. McCormack [Mass.], relating to motion of Mr. 
        Adams). See Ch. 23, infra, as to the use of motions generally.
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    The strict terms of a rule have been avoided where the Speaker, 
having considered all of the facts and issues involved in a point of 
order arising under the terms of the rule, has construed such rule

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to be directory and not mandatory.<SUP>(5)</SUP>
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 5. See Sec. 6.3, supra.
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    A common means by which the rules may be circumvented is for the 
Committee on Rules to report, and the House to adopt, a resolution 
providing for a particular order of business and specifying the 
conditions under which such business will be considered.<SUP>(6)</SUP> 
Since the Committee on Rules has authority to report resolutions 
providing for special orders of business, no point of order against 
such a resolution can be based on the fact that adoption of the 
resolution would have the effect of abrogating another standing rule of 
the House.<SUP>(7)</SUP> Thus, by direction of the Committee on Rules, 
a resolution may be called up waiving all points of order against a 
particular bill. In such manner, a variety of points of order can be 
waived. As examples, a resolution may waive points of order that could 
otherwise be raised against legislative provisions in appropriation 
bills,<SUP>(8)</SUP> points of order based on the requirement of 
germaneness in amendments to bills,<SUP>(9)</SUP> and even points of 
order based on the requirements of the Ramseyer rule,<SUP>(10)</SUP> 
whether the resolution is general in its terms or expressly waives the 
requirement of compliance with the Ramseyer rule.<SUP>(11)</SUP>
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 6. See Chs. 17, 21, infra.
 7. Generally, see Ch. 21, infra.
 8. See Ch. 26, infra.
            For an example of a resolution waiving the provisions of 
        the house rule relating to unauthorized appropriations and 
        legislation on general appropriation bills, see 86 Cong. Rec. 
        3443, 76th Cong. 3d Sess., Mar. 25, 1940 (H. Res. 436).
 9. See, for example, 106 Cong. Rec. 10575, 86th Cong. 2d Sess., May 
        18, 1960. For general discussion of the requirement of 
        germaneness in amendments to bills, see Ch. 28, infra.
10. As to the Ramseyer rule, requiring in certain circumstances that 
        committee reports show the effects of proposed bills on 
        existing law, see Ch. 17, infra.
11. 95 Cong. Rec. 1214, 1218, 81st Cong. 1st Sess., Feb. 15, 1949 
        (response of Speaker Sam Rayburn [Tex.], to point of order 
        concerning the First Deficiency Appropriation Bill, 1949).

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