[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 110th Congress] [110th Congress] [House Document 109-157] [Jeffersons Manual of ParliamentaryPractice] [Pages 90-314] [From the U.S. Government Printing Office, www.gpo.gov] [[Page 90]] AMENDMENT RATIFIED articles in addition to, and amendment of, the constitution of the united states of america, proposed by congress, and ratified by the several states pursuant to the fifth article of the original constitution\1\ --------------------------------------------------------------------------- \1\ The first 10 amendments to the Constitution of the United States were proposed to the legislatures of the several States by the First Congress on September 25, 1789 (this date and the date succeeding amendments were proposed is the date of final congressional action--signature by the presiding officer of the Senate--as is shown in the Senate Journals). They were ratified by the following States, on the dates shown, and the notifications by the governors thereof of ratification were communicated by the President to Congress: New Jersey, November 20, 1789; Maryland, December 19, 1789; North Carolina, December 22, 1789; South Carolina, January 19, 1790; New Hampshire, January 25, 1790; Delaware, January 28, 1790; New York, February 27, 1790; Pennsylvania, March 10, 1790; Rhode Island, June 7, 1790; Vermont, November 3, 1791; and Virginia, December 15, 1791. Ratification was completed on December 15, 1791. The amendments were subsequently ratified by Massachusetts, March 2, 1939; Georgia, March 18, 1939; and Connecticut, April 19, 1939. AMENDMENT I.
Sec. 208. Freedom of religion, of speech, and of peaceable assembly. | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. |
Sec. 209. The right to bear arms. | A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed. |
Sec. 210. Quartering of soldiers in houses. | No soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. |
Sec. 211. Security from unreasonable searches and seizures. | The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. |
Sec. 212. Security as to accusations, trials, and property. | No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any Criminal Case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. |
Sec. 213. Right to trial by jury and to confront witnesses and secure testimony. | In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. |
Sec. 214. Jury trial in suits at common law. | In suits at common law, where the value in Controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. |
Sec. 217. Powers reserved to the States. | The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. |
Sec. 218. Extent of the judicial power. | The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. --------------------------------------------------------------------------- |
Sec. 219. Meeting of the electors and transmission and count of their votes. | The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;--The President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;-- * * * --------------------------------------------------------------------------- |
Sec. 220. The electoral count. | The electoral count occurs in a joint session of the two Houses in the Hall of the House (III, 1819) at 1 p.m. on the sixth day of January succeeding every meeting of electors (3 U.S.C. 15). The Vice President, as President of the Senate (or the President pro tempore in the Vice President's absence), presides over the joint session (3 U.S.C. 15). The date of the count has been changed by law as follows: (1) the 1957 count was changed to Monday, January 7 (P.L. 84-436); (2) the 1985 count was changed to Monday, January 7 (P.L. 98-456); (3) the 1989 count was changed to Wednesday, January 4 (P.L. 100-646); and (4) the 1997 count was changed to Thursday, January 9 (P.L. 104-296). |
Sec. 221. Elections of President and Vice President by the House and Senate in certain cases. | * * * The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineli |
Sec. 222. History of original provision for failure of electoral college to choose. | The 20th amendment to the Constitution has clarified some of the provisions of the 12th amendment. In 1801 (III, 1983), the House of Representatives chose a President under article II, section 1, clause 3 (see Sec. 152a, supra), the constitutional provision superseded by the 12th amendment. |
Sec. 223. Occasions of election by House and Senate after 1803. | In 1825 the House elected a President under the 12th amendment (III, 1985); and in 1837 the Senate elected a Vice President (III, 1941). |
Sec. 224. Prohibition of slavery and involuntary servitude. | Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall |
Sec. 225. Citizenship |
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the |
Sec. 226. Apportionment of representation. | Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being |
Sec. 227. Law governing the establishment of districts. | There has been a readjustment of House representation each 10 years except during the period 1911 to 1929 (VI, 41, footnote). From March 4, 1913, permanent House membership has remained fixed at 435 (VI, 40, 41; 37 Stat. 13). Upon admission of Alaska and Hawaii to statehood, total membership was temporarily increased to 437 until the next reapportionment (72 Stat. 339, 345; 73 Stat. 8). Congress has by law provided for automatic apportionment of the 435 Representatives among the States according to each census including and after that of 1950 (2 U.S.C. 2a). The Apportionment Act formerly provided that the districts in a State were to be composed of contiguous and compact territory containing as nearly as practicable an equal number of inhabitants (I, 303; VI, 44); but subsequent apportionment Acts, those of 1929 (46 Stat. 26) and 1941 (55 Stat. 761), omitted such provisions. See Wood v. Broom, 287 U.S. 1 (1932). |
Sec. 228. Questions as to elections. | The House has always seated Members elected at large in the States, although the law required election by districts (I, 310, 519). Questions have arisen from time to time when a vacancy has occurred soon after a change in districts, with the resulting question whether the vacancy should be filled by election in the old or new district (I, 311, 312, 327). The House has declined to interfere with the act of a State in changing the boundaries of a district after the apportionment has been made (I, 313). |
Sec. 229. Requirement that districts be equally populated. | The Supreme Court has ruled that congressional districts must be as equally populated as practicable. Wesberry v. Sanders, 376 U.S. 1 (1964); Kirkpatrick v. Preisler, 385 U.S. 450 (1967). The Court has made clear that variances in population among congressional districts within a State may be considered de minimis only if they cannot practicably be avoided. If such variances, no matter how mathematically miniscule, could have been reduced or eliminated by a good faith effort, then they may be justified only on the basis of a consistent, rational State policy. Karcher v. Daggett, 462 U.S. 725 (1983). The Court also has made evident that it will take judicial review of a claims that apportionment schemes lack consistent, rational bases. Davis v. Bandemer, 478 U.S. 109 (1986) (holding political gerrymandering complaint justiciable under equal protection clause). |
Sec. 230. Loyalty as a qualification of Senators and Representatives. | Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid |
Sec. 232. Validity of the national debt, etc. | Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. |
Sec. 234. Suffrage not to be abridged for race, color, etc. | Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. --------------------------------------------------------------------------- |
Sec. 235. Taxes on incomes. | The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. --------------------------------------------------------------------------- |
Sec. 236. Election of Senators by direct vote. | The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. --------------------------------------------------------------------------- |
Sec. 237. Filling vacancies in the Senate. | Senator Rebecca L. Felton, appointed during the recess of the Senate on October 3, 1922, to fill a vacancy, was the first woman to sit in the Senate (VI, 156). Senator Walter F. George was elected to fill the vacancy on Novem- ber 7, 1922. Mrs. Felton took the oath of office on November 21, 1922, and Senator George took the oath November 22, 1922 (VI, 156). Discussion as to the term of service of a Senator appointed by a State executive to fill a vacancy (VI, 156). |
Sec. 238. Qualifications of electors. | The right of an elector to vote for a Senator is fundamentally derived from the United States Constitution (United States v. Aczel 219 F.2d 917 (1915)) and may not be denied in a discriminatory fashion (Chapman v. King, 154 F.2d 460 (1946), cert. denied, 327 U.S. 800 (1946); Forssenius v. Harman, 235 F. Supp. 66 (1964), affd., 380 U.S. 529 (1965)). |
Sec. 239. Prohibition of intoxicating liquors. | Section 1. [After one year from the ratification of this article the manufacture, sale, or transportation of intoxi |
Sec. 240. Women |
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. --------------------------------------------------------------------------- |
Sec. 241. Commencement of terms of Pres., Vice Pres., Senators, and Representatives. | Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representa |
Sec. 242. Meeting of Congress. | Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day. |
Sec. 243. Laws appointing different day for convening. | Since ratification, the following days for assembling have been established: Public Law 74-120, Jan. 5, 1937; Public Law 77-395, Jan. 5, 1942; Public Law 77-819, Jan. 6, 1943; Public Law 78-210, Jan. 10, 1944; Public Law 79-289, Jan. 14, 1946; Public Law 80-358, Jan. 6, 1948; Public Law 82-244, Jan. 8, 1952; Public Law 83-199, Jan. 6, 1954; Public Law 83-700, Jan. 5, 1955; Public Law 85-290, Jan. 7, 1958; Public Law 85-819, Jan. 7, 1959; Public Law 86-305, Jan. 6, 1960; Public Law 87- 348, Jan. 10, 1962; Public Law 87-864, Jan. 9, 1963; Public Law 88-247, Jan. 7, 1964; Public Law 88-649, Jan. 4, 1965; Public Law 89-340, Jan. 10, 1966; Public Law 89-704, Jan. 10, 1967; Public Law 90-230, Jan. 15, 1968; Public Law 91-182, Jan. 19, 1970; Public Law 91-643, Jan. 21, 1971; Public Law 92-217, Jan. 18, 1972; Public Law 93-196, Jan. 21, 1974; Public Law 93-553, Jan. 14, 1975; Public Law 94-186, Jan. 19, 1976; Public Law 94-494, Jan. 4, 1977; Public Law 95-594, Jan. 15, 1979; Public Law 96-566, Jan. 5, 1981; Public Law 97-133, Jan. 25, 1982; Public Law 98-179, Jan. 23, 1984; Public Law 99-379, Jan. 21, 1986; Public Law 99-613, Jan. 6, 1987; Public Law 100-229, Jan. 25, 1988; Public Law 101-228, Jan. 23, 1990; Public Law 102-475, Jan. 5, 1993; Public Law 103-395, Jan. 4, 1995; Public Law 104-296, Jan. 7, 1997; Public Law 105-140, Jan. 27, 1998; Public Law 105-350, Jan. 6, 1999; Public Law 106-127, Jan. 24, 2000; Public Law 107-328, Jan. 7, 2003; Public Law 108-181, Jan. 20, 2004; Public Law 108-433, Jan. 4, 2005; Public Law 109-447, Jan. 4, 2007. Such laws for the convening of a second session of a Congress may provide for possible earlier assembly by joint-leadership recall (see, e.g., Public Law 107-98, Jan. 23, 2002; Public Law 108-433, Jan. 4, 2005). |
Sec. 245. Statutory succession and the 25th amendment. | Congress provided by law in 1947 for the performance of the duties of the President in case of removal, death, resignation or inability, both of the President and Vice President (3 U.S.C. 19). Earlier succession statutes covering the periods 1792-1886 and 1887-1948 can be found in 18 Stat. 21, and 24 Stat. 1, respectively. Also see the 25th amendment to the Constitution, relating to vacancies in the Office of Vice President and Presidential inability. |
Sec. 246. Congress to provide for case wherein death occurs among those from whom House chooses a President. | Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them. |
Sec. 247. Repeal of prohibition. | Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed. --------------------------------------------------------------------------- |
Sec. 248. Transportation into States prohibited. | Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. |
Sec. 249. No person shall be elected President more than twice. | Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, |
Sec. 250. Representation in the Electoral College to the District of Columbia. | Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct: --------------------------------------------------------------------------- |
Sec. 251. Right to vote not denied for failure to pay poll tax. | Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President |
Sec. 252. Presidential succession and inability. | Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. --------------------------------------------------------------------------- |
Sec. 253. Confirmation by House and Senate of nominee to fill vice presidential vacancy. | Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress. |
Sec. 254. President's declaration of disability. | Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President. |
Sec. 255. Determination of Presidential inability and Vice President as Acting President. | Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable |
Sec. 256. Instances where House and Senate have confirmed nominee as Vice President; temporary incapacity of President. | Congress has twice performed its responsibility under section two of the 25th amendment. On October 13, 1973, the Speaker laid before the House a message from President Nixon transmitting his nomination of Gerald R. Ford, Minority Leader in the House of Representatives, to be Vice President of the United States, Vice President Agnew having resigned on October 10, 1973. The Speaker referred the nomination to the Committee on the Judiciary, which under clause 1(k)(14) of rule X has jurisdiction over matters relating to Presidential succession (Oct. 13, 1973, p. 34032). The nomination of Mr. Ford to be Vice President was confirmed by the Senate on November 27, 1973 (p. 38225) and by the House on December 6, 1973 (p. 39900), and Vice President Ford was sworn in in the Chamber of the House of Representatives on December 6 (p. 39925). Subsequently, President Nixon resigned from office by delivering his written resignation into the Office of the Secretary of State, pursuant to 3 U.S.C. 20, on August 9, 1974. Pursuant to section one of the 25th amendment, Vice President Ford became President, and was sworn in in the East Room at the White House. He nominated Nelson A. Rockefeller to be Vice President, which nomination was received in the House of Representatives and referred to the Committee on the Judiciary on August 20, 1974; the nomination was confirmed by the Senate on December 10, 1974 (p. 38936) and by the House on December 19, 1974 (p. 41516), and Vice President Rockefeller was sworn in in the Senate Chamber on December 19, 1974 (p. 41181). On both instances, the House received the message from the Senate, announcing that body's confirmation of the nominee for Vice President, following the vote on confirmation by the House. |
Sec. 257. Right to vote extended to persons 18 years of age or older. | Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. --------------------------------------------------------------------------- |
Sec. 258. Timing of law varying congressional compensation. | No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened. --------------------------------------------------------------------------- |
Sec. 283. Rules as related to the privileges of minorities. | Mr. Onslow, the ablest among the Speakers of the House of Commons, used to say, ``It was a maxim he had often heard when he was a young man, from old and experienced Members, that nothing tended more to throw power into the hands of administration, and those who acted with the majority of the House of Commons, than a neglect of, or departure from, the rules of proceeding; that these forms, as instituted by our ancestors, operated as a check and control on the actions of the majority, and that they were, in many instances, |
Sec. 284. The Manual as a statement of parliamentary law. | \1\ Jefferson's Manual was prepared by Thomas Jefferson for his own guidance as President of the Senate in the years of his Vice Presidency, from 1797 to 1801. In 1837 the House, by rule that still exists, provided that the provisions of the Manual should ``govern the House in all cases to which they are applicable and in which they are not inconsistent with the standing rules and orders of the House and joint rules of the Senate and House of Representatives.'' Rule XXVIII, Sec. 1105, infra. In 1880 the committee that revised the Rules of the House declared in their report that the Manual, ``compiled as it was for the use of the Senate exclusively and made up almost wholly of collations of English parliamentary practice and decisions, it was never especially valuable as an authority in the House of Representatives, even in its early history, and for many years past has been rarely quoted in the House'' (V, 6757). This statement, although sanctioned by high authority, is extreme, for in certain parts of the Manual are to be found the foundations of some of the most important portions of the House's practice. The Manual is regarded by English parliamentarians as the best statement of what the law of Parliament was at the time Jefferson wrote it. Jefferson himself says, in the preface of the work: |
Sec. 286. Relations of the parliamentary law to the early practice of Congress. | Jefferson also says in his preface, as to the source most desirable at that time from which to draw principles of procedure: ``But to what system of rules is he to recur, as supplementary to those of the Senate? To this there can be but one answer: To the system of regulations adopted for the government of some one of the parliamentary bodies within these States, or of that which has served as a prototype to most of them. This last is the model which we have all studied, while we are little acquainted with the modifications of it in our several States. It is deposited, too, in publications possessed by many, and open to all. Its rules are probably as wisely constructed for governing the debates of a deliberative body, and obtaining its true sense, as any which can become known to us; and the acquiescence of the Senate, hitherto, under the references to them, has given them the sanction of the approbation.'' |
Sec. 285. Necessity of rules of action. | And whether these forms be in all cases the most rational or not is really not of so great importance. It is much more material that there should be a rule to go by than what that rule is; that there may be a uniformity of proceeding in business not subject to the caprice of the Speaker or captiousness of the members. It is very material that order, de |
Sec. 287. Privileges of members of Parliament. | The privileges of members of Parliament, from small and obscure beginnings, have been advancing for centuries with a firm and never yielding pace. Claims seem to have been brought forward from time to time, and repeated, till some example of their admission enabled them to build law on that example. We can only, therefore, state the points of progression at which they now are. It is now acknowledged, 1st. That they are at all times exempted from question elsewhere, for anything said in their own House; that during the time of privilege, 2d. Neither a member himself, his, order H. of C. 1663, July 16, wife, nor his servants (familiares sui), for any matter of their own, may be, Elsynge, 217; 1 Hats., 21; 1 Grey's Deb., 133, arrested on mesne process, in any civil suit: 3d. Nor be detained under execution, though levied before time of privilege: 4th. Nor impleaded, cited, or subpoenaed in any court: 5th. Nor summoned as a witness or juror: 6th. Nor may their lands or goods be distrained: 7th. Nor their persons assaulted, or characters traduced. And the period of time covered by privilege, before and after the session, with the practice of short prorogations under the connivance of the Crown, amounts in fact to a perpetual protection against the course of justice. In |
Sec. 288. Privilege of Members of Congress under the Constitution. | It was probably from this view of the encroaching character of privilege that the framers of our Constitution, in their care to provide that the laws shall bind equally on all, and especially that those who make them shall not exempt themselves from their operation, have only privileged ``Senators and Representatives'' themselves from the single act of ``arrest in all cases except treason, felony, and breach of the peace, during their attendance at the session of their respective Houses, and in going to and returning from the same, and from being questioned in any other place for any speech or debate in either House.'' Const. U.S. Art I, Sec. 6. Under the general authority ``to make all laws necessary and proper for carrying into execution the powers given them,'' Const. U.S., Art. II, Sec. 8, they may pro |
Sec. 289. Privilege as to going and returning. | The time necessary for going to, and returning from, Congress, not being defined, it will, of course, be judged of in every particular case by those who will have to decide the case. While privilege was understood in England to extend, as it does here, only to exemption from arrest, eundo, morando, et redeundo, the House of Commons themselves decided that ``a convenient time was to be understood.'' (1580,) 1 Hats., 99, 100. Nor is the law so strict in point of time as to require the party |
Sec. 290. Privilege of Members as related to rights of courts to summon witnesses and jurors. | This privilege from arrest, privileges, of course, against all process the disobedience to which is punishable by an attachment of the person; as a subpoena ad respondendum, or testificandum, or a summons on a jury; and with reason, because a Member has superior duties to perform in another place. When a Representative is withdrawn from his seat by summons, the 40,000 people whom he represents lose their voice in debate and vote, as they do on his voluntary absence; when a Senator is withdrawn by summons, his State loses half its voice in debate and vote, as it does on his voluntary absence. The enormous disparity of evil admits no comparison. |
Sec. 291a. Attitude of the House as to demands of the courts. | The House has decided that the summons of a court to Members to attend and testify constituted a breach of privilege, and directed them to disregard the mandate (III, 2661); but in other cases wherein Members informed the House that they had been summoned before the District Court of the United States for the District of Columbia or other courts, the House authorized them to respond (III, 2662; Feb. 23, 1948, p. 1557; Mar. 5, 1948, p. 2224; Apr. 8, 1948, p. 4264; Apr. 12, 1948, p. 4347; Apr. 14, 1948, p. 4461; Apr. 15, 1948, p. 4529; Apr. 28, 1948, p. 5009; May 6, 1948, pp. 5433, 5451; Feb. 2, 1950, p. 1399; Apr. 4, 1951, p. 3320; Apr. 9, 1951, p. 3525; Apr. 12, 1951, pp. 3751, 3752; Apr. 13, 1951, p. 3915; June 4, 1951, p. 6084; June 22, 1951, p. 7001; Sept. 18, 1951, p. 11571; Sept. 27, 1951, p. 12292; Mar. 5, 1953, p. 1658; Mar. 18, 1953, p. 2085; Mar. 11, 1954, p. 3102; July 19, 1954, p. 10904; Apr. 9, 1956, p. 5970; Apr. 10, |
Sec. 291b. Judicial appearances on behalf of House. | While the statutes provide that the Department of Justice may represent any officer of the House or Senate in the event of judicial proceedings against such officer in relation to the performance of official duties (see 2 U.S.C. 118), and that the Department of Justice shall generally represent the interests of the United States in Court (28 U.S.C. 517), the House has on occasion authorized special appearances on its own behalf by special counsel when the prerogatives or powers of the House have been questioned in the courts. The House has adopted privileged resolutions authorizing the chairman of a subcommittee to intervene in any judicial proceeding concerning subpoenas duces tecum issued by that committee, authorizing the appointment of a special counsel to carry out the purposes of such a resolution, and providing for the payment from the contingent fund (now referred to as ``applicable accounts of the House described in clause 1(j)(1) of rule X'') of expenses to employ such special counsel (H. Res. 1420, Aug. 26, 1976, p. 1858; H. Res. 334, May 9, 1977, pp. 13949-52), authorizing the Sergeant at Arms to employ a special counsel to represent him in a pending action in Federal court in which he was named as a defendant, and providing for the payment from the contingent fund of expenses to employ such counsel (H. Res. 1497, Sept. 2, 1976, p. 28937), and authorizing the chairman of the Committee on House Administration to intervene as a party in a pending civil action in the U.S. Court of Claims, to defend on behalf of the House the constitutional authority to make laws necessary and proper for executing its constitutional powers, authorizing the employment of special counsel for such purpose, and providing for the payment from the contingent fund of expenses to employ such counsel (H. Res. 884, Nov. 2, 1977, p. 36661). The House has author |
Sec. 292. Attitude of one House as to demands of the other for attendance or papers. | When either House desires the attendance of a Member of the other to give evidence it is the practice to ask the House of which he is a Member that the Member have leave to attend, and the use of a subpoena is of doubtful propriety (III, 1794). However, in one case the Senate did not consider that its privilege forbade the House to summon one of its officers as a witness (III, 1798). But when the Secretary of the Senate was subpoenaed to appear before a committee of the House with certain papers from the files of the Senate, the Senate discussed the question of privilege before empowering him to attend (III, 2665). For discussion of the means by which one House may prefer a complaint against a Member or officer of the other, see Sec. 373, infra. |
Sec. 293. Power of the House to punish for contempts. | So far there will probably be no difference of opinion as to the privileges of the two Houses of Congress; but in the following cases it is otherwise. In December, 1795, the House of Representatives committed two persons of the name of Randall and Whitney for attempting to corrupt the integrity of certain Members, which they considered as a contempt and breach of the privileges of the House; and the facts being proved, Whitney was detained in confinement a fortnight and Randall three weeks, and was reprimanded by the Speaker. In March, 1796, the House voted a challenge given to a Member of their House to be a breach of the privileges of the House; but |
Sec. 294. Decision of the court in Anderson's case. | The cases of Randall and Whitney (II, 1599-1603) were followed in 1818 by the case of John Anderson, a citizen, who for attempted bribery of a Member was arrested, tried, and censured by the House (II, 1606). Anderson appealed to the courts and this procedure finally resulted in a discussion by the Supreme Court of the United States of the right of the House to punish for contempts, and a decision that the House by implication has the power to punish, since ``public functionaries must be left at liberty to exercise the powers which the people have intrusted to them,'' and ``the interests and dignity of those who created them require the exertion of the powers indispensable to the attainment of the ends of their creation. Nor is a casual conflict with the rights of particular individuals any reason to be urged against the exercise of such powers'' (II, 1607; Anderson v. Dunn, 6 Wheat. 204). In 1828 an assault on the President's secretary in the Capitol gave rise to a question of privilege that involved a discussion of the inherent power of the House to punish for contempt (II, 1615). Again in 1832, when the House censured Samuel Houston, a citizen, for assault on a Member for words spoken in debate (II, 1616), there was a discussion by the House of the doctrine of inherent and implied power as opposed to the other doctrine that the House might exercise no authority not expressly conferred on it by the Constitution or the laws of the land (II, 1619). In 1865 the House arrested and censured a citizen for attempted intimidation and assault on a member (II, 1625); in 1866, a citizen who had assaulted the clerk of a committee of the House in the Capitol was arrested by order of the House, but as there was not time to punish in the few remaining days of the session, the Sergeant-at-Arms was directed to turn the prisoner over to the civil authorities of the District of Columbia (II, 1629); and in 1870 Woods, who had assaulted a Member on his way to the House, was arrested on warrant of the Speaker, arraigned at the bar, and imprisoned for a term extending beyond the adjournment of the session, although not beyond the term of the existing House (II, 1626-1628). |
Sec. 295. Views of the court in Kilbourn's case. | In 1876 the arrest and imprisonment by the House of Hallet Kilbourn, a contumacious witness, resulted in a decision by the Supreme Court of the United States that the House had no general power to punish for contempt, as in a case wherein it was proposing to coerce a witness in an inquiry not within the constitutional authority of the House. The Court also discussed the doctrine of inherent power to punish, saying in conclusion, ``We are of opinion that the right of the Houses of Representatives to punish the citizen for a contempt of its authority or a breach of its privileges can derive no support from the precedents and practices of the |
Sec. 296. Decision of the court in Marshall v. Gordon. | In the case of Marshall v. Gordon, 243 U.S. 521 (1917), the Court addressed the following situation: Appellant, while United States Attorney for the Southern District of New York, conducted a grand jury investigation that led to the indictment of a Member of the House. Acting on charges of misfeasance and nonfeasance made by the Member against appellant in part before the indictment and renewed with additions afterward, the House by resolution directed its Judiciary Committee to make inquiry and report concerning appellant's liability to impeachment. Such inquiry being in progress through a subcommittee, appellant addressed to the subcommittee's chairman, and gave to the press, a letter, charging the subcommittee with an endeavor to probe into and frustrate the action of the grand jury, and couched in terms calculated to arouse the indignation of the members of that committee and those of the House generally. Thereafter, appellant was arrested in New York by the Sergeant-at-Arms pursuant to a resolution of the House whereby the letter was characterized as defamatory and insulting and as tending to bring that body into public contempt and ridicule, and whereby appellant in writing and publishing such letter was adjudged to be in contempt of the House in violating its privileges, honor, and dignity. He applied for habeas corpus. |
Sec. 297. Jefferson's statement of arguments for inherent power to punish for contempt. | * * * The editor of the Aurora having, in his paper of February 19, 1800, inserted some paragraphs defamatory of the Senate, and failed in his appearance, he was ordered to be committed. In debating the legality of this order, it was insisted, in support of it, that every man, by the law of nature, and every body of men, possesses the right of self-defense; that all public functionaries are essentially invested with the powers of self- preservation; that they have an inherent right to do all acts necessary to keep themselves in a condition to discharge the trusts confided to them; that whenever authorities are given, the means of carrying them into execution are given by necessary implication; that thus we see the British Parliament exercise the right of punishing contempts; all the State Legislatures exercise the same power, and every court does the same; that, if we have it not, we sit at the mercy of every intruder who may enter our doors or gallery, and, by noise and tumult, render proceeding in business impracticable; that if our tranquillity is to be perpetually disturbed by newspaper defamation, it will not be possible to exercise our functions with the requisite coolness and deliberation; and that we must therefore have a power to punish these disturbers of our peace and proceedings. * * * |
Sec. 298. Statement of arguments against the inherent power to punish for contempts. | * * * To this it was answered, that the Parliament and courts of England have cognizance of contempts by the express provisions of their law; that |
Sec. 299. Jefferson's suggestion that a law might define procedure in cases of contempt. | * * * Which of these doctrines is to prevail, time will decide. Where there is no fixed law, the judgment on any particular case is the law of that single case only, and dies with it. When a new and even a similar case arises, the judgment which is to make and at the same time apply to the law, is open to question and consideration, as are all new laws. Perhaps Congress in the mean time, in their care for the safety of the citizen, as well as that for their own protection, may declare by law what is necessary and proper to enable them to carry into execution |
Sec. 300. Status of Memberelect as to privilege, oath, committee service, etc. | Privilege from arrest takes place by force of the election; and before a return be made a Member elected may be named of a committee, and is to every extent a Member except that he cannot vote until he is sworn, Memor., 107, 108. D'Ewes, 642, col. 2; 643, col. 1. Pet. Miscel. Parl., 119. Lex. Parl., c. 23.2 Hats., 22, 62. |
Sec. 301. Relations of Members and others to privilege. | Every man must, at his peril, take notice who are members of either House returned of record. Lex. Parl., 23; 4 Inst., 24. |
Sec. 302. Parliamentary law as to questioning a Member in another place for speech or debate. | For any speech or debate in either House, they shall not be questioned in any other place. Const. U.S., I, 6; S. P. protest of the Commons to James I, 1621; 2 Rapin, No. 54, pp. 211, 212. But this is restrained to things done in the House in a parliamentary course. 1 Rush, 663. For he is not to have privilege contra morem parliamentarium, to exceed the bounds and limits of his place and duty. Com. p. |
Sec. 303. Relation of the courts to parliamentary privilege. | If an offense be committed by a member in the House, of which the House has cognizance, it is an infringement of their right for any person or court to take notice of it till the House has punished the offender or referred him to a due course. Lex. Parl., 63. |
Sec. 304. Breach of privilege to refuse to put a question which is in order. | Privilege is in the power of the House, and is a restraint to the proceeding of inferior courts, but not of the House itself. 2 Nalson, 450; 2 Grey, 399. For whatever is spoken in the House is subject to the censure of the House; and offenses of this kind have been severely punished by calling the person to the bar to make submission, committing him to the tower, expelling the House, &c. Scob., 72; L. Parl., c. 22. It is a breach of order for the Speaker to refuse to put a question which is in order. 1 Hats., 175-6; 5 Grey, 133. |
Sec. 305. Parliamentary law of privilege as related to treason, felony, etc. | And even in cases of treason, felony, and breach of the peace, to which privilege does not extend as to substance, yet in Parliament a member is privileged as to the mode of proceeding. The case is first to be laid before the House, that it may judge of the fact and of the ground of the accusation, and how far forth the manner of the trial may concern their privilege; otherwise it would be in the power of other branches of the government, and even of every private man, under pretenses of treason, &c., to take any man from his service in the House, and so, as many, one after another, as would make the House what he pleaseth. Dec'l of the Com. on the King's declaring Sir John Hotham a traitor. 4 Rushw., 586. So, when a member stood indicted for felony, it was adjudged that he ought to remain of the House till conviction; for it may be any man's case, who is guiltless, to be accused and indicted of felony, or the like crime. 23 El., 1580; D'Ewes, 283, col. 1; Lex. Parl., 133. |
Sec. 306. Practice as to Members indicted or convicted. | The House has not usually taken action in the infrequent instances where Members have been indicted for felony, and in one or two instances Members under indictment or pending appeal on conviction have been appointed to committees (IV, 4479). The House has, however, adopted a resolution expressing the sense of the House that Members con |
Sec. 307. Parliamentary law as to arrest of a Member. | When it is found necessary for the public service to put a Member under arrest, or when, on any public inquiry, matter comes out which may lead to affect the person of a member, it is the practice immediately to acquaint the House, that they may know the reasons for such a proceeding, and take such steps as they think proper. 2 Hats., 259. Of which see many examples. Ib., 256, 257, 258. But the communication is subsequent to the arrest. 1 Blackst., 167. |
Sec. 308. A breach of privilege for one House to encroach or interfere as to the other. | It is highly expedient, says Hatsel, for the due preservation of the privileges of the separate branches of the legislature, that neither should encroach on the other, or interfere in any matter depending before them, so as to preclude, or even influence, that freedom of debate which is essential to a free council. They are, therefore, not to take notice of any bills or other matters depending, or of votes that have been given, or of speeches which have been held, by the members of either of the other branches of the legislature, until the same have been communicated |
Sec. 309. Relations of the Sovereign to the Parliament and its Members. | Thus the King's taking notice of the bill for suppressing soldiers, depending before the House; his proposing a provisional clause for a bill before it was presented to him by the two Houses; his expressing displeasure against some persons for matters moved in Parliament during the debate and preparation of a bill, were breaches of privilege, 2 Nalson, 743; and in 1783, December 17, it was declared a breach of fundamental privileges, &c., to report any opinion or pretended opinion of the King on any bill or proceeding depending in either House of Parliament, with a view to influence the votes of the members, 2 Hats., 251, 6. * * * * * |
Sec. 310. Necessity of a quorum during business, including debate. | In general the chair is not to be taken till a quorum for business is present; unless, after due waiting, such a quorum be despaired of, when the chair may be taken and the House adjourned. And whenever, during business, it is observed that a quorum is not present, any member may call for the House to be counted, and being found deficient, business is suspended. 2 Hats., 125, 126. |
Sec. 311. Parliamentary rules for call of the House. | On the call of the House, each person rises up as he is called, and answereth; the absentees are then only noted, but no excuse to be made till the House be fully called over. Then the absentees are called a second time, and if still absent, excuses are to be heard. Ord. House of Commons, 92. |
Sec. 312. Election of Speaker. | When but one person is proposed, and no objection made, it has not been usual in Parliament to put any question 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. |
Sec. 313. Election of President pro tempore of the Senate. | 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 |
Sec. 314. Parliamentary law as to choice of Speaker pro tempore. | 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. |
Sec. 315. Removal of the Speaker. | A Speaker may be removed at the will of the House, and a Speaker pro tempore appointed, 2 Grey, 186; 5 Grey, 134. |
Sec. 316. Addresses to the President. | A joint address of both Houses of Parliament is read by the Speaker of the House of Lords. It may be attended by both Houses in a body, or by a Committee from each House, or by the two Speakers only. An address of the House of Commons only may be presented by the Whole House, or by the Speaker, 9 Grey, 473; 1 Chandler, 298, 301; or by such particular members as are of the privy council. 2 Hats., 278. |
Sec. 317. Appointment of standing committees; and designation and duties of chairmen thereof. | Standing committees, as of Privileges and Elections, &c., are usually appointed at the first meeting, to continue through the session. The person first named is generally permitted to act as chairman. But this is a matter of courtesy; every committee having a right to elect their own chairman, who presides over them, puts questions, and reports their proceedings to the House. 4 inst., 11, 12; Scob., 9; 1 Grey, 122. |
Sec. 318. Parliamentary law as to debate in standing and select committees. | At these committees the members are to speak standing, and not sitting; though there is reason to conjecture it was formerly otherwise. D'Ewes, 630, col. 1; 4 Parl. Hist., 440; 2 Hats., 77. |
Sec. 319. Secrecy of committee procedure. | Their proceedings are not to be published, as they are of no force till confirmed by the House. Rushw., part 3, vol. 2, 74; 3 Grey, 401; Scob., 39.* * * |
Sec. 320. Reception of petitions by committees. | Under clause 2 of rule XI, all hearings and business meetings conducted by standing committees shall be open to the public, except when a committee, in open session, by record vote, with a majority present, determines to close the meeting or hearing for that day for the reasons stated in that clause. * * * Nor can they receive a petition but through the House. 9 Grey, 412. |
Sec. 321. Parliamentary law of procedure when a committee inquiry involves a Member. | When a committee is charged with an inquiry, if a Member prove to be involved, they can not proceed against him but must make a special report to the House; whereupon the Member is heard in his place, or at the bar, or a special authority is given to the committee to inquire concerning him. 9 Grey, 523. |
Sec. 322. Practice of House when a committee inquiry involves a Member. | While the authority of this principle has not been questioned by the House, there have in special instances been deviations from it. Thus, in 1832, when a Member had been slain in a duel, and the fact was notorious that all the principals and seconds were Members of the House, the committee, charged only with investigating the causes and whether or not there had been a breach of privilege, reported with their findings recommendations for expulsion and censure of the Members found to be implicated. There was criticism of this method of procedure as deviating from the rule of Jefferson's Manual, but the House did not recommit the report (II, 1644). In 1857, when a committee charged with inquiring into accusations against Members not named found certain Members implicated, they gave them copies of the testimony and opportunities to explain to the committee, under oath or otherwise, as they individually might prefer (III, 1845), but reported recommendations for expulsion without first seeking the order of the House (II, 1275; III, 1844). In 1859 and 1892 a similar procedure occurred (III, 1831, 2637). But the House, in a case wherein an inquiry had incidentally involved a Member, evidently considered the parliamentary law as applicable, since it admitted as of privilege and agreed to a resolution directing the committee to report the charges (III, 1843). And in cases wherein testimony taken before a joint committee incidentally impeached the official characters of a Member and a Senator, the facts in each case were reported to the House interested (III, 1854). A select committee, appointed to report upon the right of a Member-elect to be sworn (H. Res. 1, 90th Cong., pp. 14-27, Jan. 10, 1967), invited him to appear, to testify, and permitted him to be accompanied by counsel (see H. Rept. 90-27). |
Sec. 323. Inquiries involving Members of other House. | And where one House, by its committee, has found a Member of the other implicated, the testimony has been transmitted (II, 1276; III, 1850, 1852, 1853). Where such testimony was taken in open session of the committee, it was not thought necessary that it be under seal when sent to the other House (III, 1851). |
Sec. 324. Duty of chairman of a committee when the House sits. | So soon as the House sits, and a committee is notified of it, the chairman is in duty bound to rise instantly, and the members to attend the service of the House. 2 Nals., 319. |
Sec. 325. Action of joint committees. | It appears that on joint committees of the Lords and Commons each committee acted integrally in the following instances: 7 Grey, 261, 278, 285, 338; 1 Chandler, 357, 462. In the following instances it does not appear whether they did or not: 6 Grey, 129; 7 Grey, 213, 229, 321. |
Sec. 326. Parliamentary usage as to Committee of the Whole. | The speech, messages, and other matters of great concernment are usually referred to a Committee of the Whole House (6 Grey, 311), where general principles are digested in the form of resolutions, which are debated and amended till they get into a shape which meets the approbation of a majority. These being reported and confirmed |
Sec. 327. Selection of Chairman of Committee of the Whole. | * * * They generally acquiesce in the chairman named by the Speaker; but, as well as all other committees, have a right to elect one, some member, by consent, putting the question, Scob., 36; 3 Grey, 301. * * * |
Sec. 328. Form of going into Committee of the Whole. | * * * The form of going from the House into committee, is for the Speaker, on motion, to put the question that the House do now resolve itself into a Committee of the Whole to take into consideration such a matter, naming it. If determined in the affirmative, he leaves the chair and takes a seat elsewhere, as any other Member; and the person appointed chairman seats himself at the Clerk's table. Scob., 36. * * * |
Sec. 329. Quorum in Committee of the Whole. | * * * Their quorum is the same as that of the House; and if a defect happens, the chairman, on a motion and question, rises, the Speaker resumes the chair and the chairman can make no other report than to inform the House of the cause of their dissolution. * * * |
Sec. 330. Rising of committee for reception of messages. | * * * If a message is announced during a committee, the Speaker takes the chair and receives it, because the committee can not. 2 Hats., 125, 126. |
Sec. 331. Quarrels in Committee of the Whole, and duty of the Speaker in relation thereto. | In a Committee of the Whole, the tellers on a division differing as to numbers, great heats and confusion arose, and danger of a decision by the sword. The Speaker took the chair, the mace was forcibly laid on the table; whereupon the Members retiring to their places, the Speaker told the House ``he has taken the chair without an order to bring the House into order.'' Some excepted against it; but it was generally approved as the only expedient to suppress the disorder. And every Member was required, standing up in his place, to engage that he would proceed no further in consequence of what had happened in the grand committee, which was done. 3 Grey, 128. |
Sec. 332. Effect of breaking up of Committee of the Whole by disorder. | A Committee of the Whole being broken up in disorder, and the chair resumed by the Speaker without an order, the House was adjourned. The next day the committee was considered as thereby dissolved, and the subject again before the House; and it was decided in the House, without returning into committee. 3 Grey, 130. |
Sec. 333. Motions for previous question and to adjourn not used in Committee of the Whole. |
No previous question can be put in a
committee; nor can this committee adjourn as others may; but if their
business is unfinished, they rise, on a question, the House is resumed,
and the chairman reports that the Committee of the Whole have, according
to order, had under their consideration such a matter, and have made
progress therein; but not having had time to go through the same, have
directed him to ask leave to sit again. Whereupon a question is put on
their having leave, and on the time the House will again resolve itself
into a committee. Scob., 38. But if they have gone through the
matter < |
Sec. 335. Duties of Speaker and House as to reception of reports of Committee of the Whole. | The Speaker recognizes only reports from the Committee of the Whole made by the chairman thereof (V, 6987), and a matter alleged to have arisen therein but not reported may not be brought to the attention of the House (VIII, 2429, 2430) even on the claim that a question of privilege is involved (IV, 4912; V, 6987; VIII, 2430). In one instance, however, the committee reported with a bill a resolution relating to an alleged breach of privilege (V, 6986). When a bill is reported the Speaker must assume that it has passed through all the stages necessary for the report (IV, 4916). When the committee reported not only what it had done but by whom it had been prevented from doing other things, the Speaker held that the House might not amend the report, which stood (IV, 4909). But a committee may not report a recommendation that, if carried into effect, would change a rule of the House (IV, 4907, 4908) unless a measure proposing amendments to House rules has initially been referred to the Committee of the Whole by the House. When an amendment is reported by the committee it may not be withdrawn, and a question as to its validity is not considered by the Speaker (IV, 4900). When a committee, directed by order of the House to consider certain bills, reported also certain other bills, the Speaker held that so much of the report as related to the latter bills could be received only by unanimous consent (IV, 4911). When a report is ruled out as in excess of the committee's power, the accompanying bill stands recommitted (IV, 4784, 4907). A report from a Committee of the Whole could not formerly be received in the absence of a quorum (VI, 666; clause 7 of rule XX). |
Sec. 336. Amendments in Committee of the Whole. | The Committee of the Whole, like any other committee, may amend a proposition either by an ordinary amendment or by a substitute amendment (IV, 4899), but these amendments must be reported to the House for action. Amendments rejected by the committee are not reported (IV, 4877). Ordinarily all amendments must be disposed of before the committee may report (IV, 4752-4758); but sometimes a special order of business requires a report at a specified time, in which case pending amendments are reported (IV, 3225-3228) or not (IV, 4910) as the terms of the order may direct. In the 98th Congress, clause 2 of rule XXI was amended to give precedence to the motion that the Committee rise and report a general appropriation bill at the conclusion of its reading for amendment and before or between consideration of amendments proposing certain limitations or retrenchments (H. Res. 5, Jan. 3, 1983, p. 34). The 104th Congress further amended clause 2 to permit only the Majority Leader or a designee to offer that motion (sec. 215(a), H. Res. 6, Jan. 4, 1995, p. 468). The 105th Congress elevated the Majority Leader's preferential motion in clause 2 to take precedence of any motion to amend at that stage (H. Res. 5, Jan. 7, 1997, p. 121). The practice of the House, based originally on a rule (IV, 4904), requires amendments to be reported from the Committee of the Whole in their perfected forms, and this holds good even in the case of |
Sec. 337. Committee of the Whole amendments in the House. | All amendments to a bill reported from the Committee of the Whole stand on an equal footing and must be voted on by the House (IV, 4871) in the order in which they are reported, although they may be inconsistent, one with another (IV, 4881, 4882), and are subject to amendment in the House unless the previous question is ordered (VIII, 2419). Two amendments being reported as distinct were considered independently, although apparently one was a proviso attaching to the other (IV, 4905); and an entire and distinct amendment may not be divided, |
Sec. 338. Bills from Committee of the Whole in the House. | Where a series of bills are reported from Committee of the Whole, the House considers them in the order in which they are reported (IV, 4869, 4870; VIII, 2417). A proposition reported for action has precedence over an independent resolution on the same subject offered by a Member from the floor (V, 6986), and where a bill and a resolution relating to an alleged breach of privilege were reported together the question was put first on the bill (V, 6986). A bill read in full and considered in Committee of the Whole (IV, 3409, 3410), or presumed to have been so read (IV, 4916), is not read in full again in the House when reported and acted on. The chairman of the Committee of the Whole who reports a bill does not become entitled to prior recognition for debate in the House (II, 1453); but on an adverse report an opponent is recognized to offer a motion for disposition of the bill (IV, 4897; VIII, 2430), or for debate (VII, 2629). The recommendation of the committee being before the House, the motion to carry out the recommendation is usually considered as pending without being offered from the floor (IV, 4896), but when a bill was reported with a recommendation that it lie on the table, a question was raised as to whether or not this motion, which prevents debate, should be considered as pending (IV, 4897). The House considers an amendment reported from the Committee of the Whole to the preamble of a Senate joint resolution following disposition of amendments to the text and pending third reading (May 25, 1993, pp. 11036, 11037). |
Sec. 339. Discharge of the Committee of the Whole. |
A motion
to discharge the Committee of the Whole from the consideration of a
matter committed to it is not privileged as against a demand for the
regular order (IV, 4917). When the committee is discharged from
consideration of a bill the House, in lieu of the report of the
chairman, accepts the minutes of the Clerk as evidence of amendments
agreed to (IV, 4922).
< |
Sec. 341. Common fame as ground for investigation. | Common fame is a good ground for the House to proceed by inquiry, and even to accusation. Resolution House of Commons, 1 Car., 1, 1625; Rush, L. Parl., 115; Grey, 16-22, 92; 8 Grey, 21, 23, 27, 45. |
Sec. 343. Examination of witnesses in the House and in committee. | When any person is examined before a committee or at the bar of the House, any Member wishing to ask the person a question must address it to the Speaker or chairman, who repeats the question to the person, or says to him, ``You hear the question--answer it.'' But if the propriety of the question be objected to, the Speaker directs the witness, counsel, and parties to withdraw; for no question can be moved or put or debated while they are there. 2 Hats., 108. Sometimes the questions are previously settled in writing before the witness enters. Ib., 106, 107; 8 Grey, 64. The questions asked must be entered in the Journal. 3 Grey, 81. But the testimony given in answer before the House is never written down; but before a committee, it must be, for the information of the House, who are not present to hear it. 7 Grey, 52, 334. |
Sec. 344. Earlier and later practice as to inquiries at the bar of the House. | The House, in its earlier years, arraigned and tried at its bar persons, not Members, charged with violation of its privileges, as in the cases of Randall, Whitney (II, 1599-1603), Anderson (II, 1606), and Houston (II, 1616); but in the case of Woods, charged with breach of privilege in 1870 (II, 1626-1628), the respondent was arraigned before the House, but was heard in his defense by counsel and witnesses before a standing committee. At the conclusion of that investigation the respondent was brought to the bar of the House while the House voted his punishment (II, 1628). The House also has arraigned at its bar contumacious |
Sec. 345. Procuring attendance of a witness in custody of the other House. | If either House have occasion for the presence of a person in custody of the other, they ask the other their leave that he may be brought up to them in custody. 3 Hats., 52. |
Sec. 346. Members as witnesses. | A Member, in his place, gives information to the House of what he knows of any matter under hearing at the bar. Jour. H. of C., Jan. 22, 1744-5. |
Sec. 347. Method of obtaining testimony of a Member of the other House. | Either House may request, but not command, the attendance of a Member of the other. They are to make the request by message of the other House, and |
Sec. 348. Admission of counsel. | Counsel are to be heard only on private, not on public, bills and on such points of law only as the House shall direct. 10 Grey, 61. |
Sec. 349. Advantages of an order of business. | The Speaker is not precisely bound to any rules as to what bills or other matter shall be first taken up; but it is left to his own discretion, unless the House on a question decide to take up a particular subject. Hakew., 136. |
Sec. 350. Conditions of the old and the modern orders of business. | Arrangement, however, can only take hold of matters in possession of the House. New matter may be moved at any time when no question is before the House. Such are original motions and reports on bills. Such are bills from the other House, which are received at all times, and receive their first reading as soon as the question then before the House is disposed of; and bills brought in on leave, which are read first whenever presented. So messages from the other House respecting |
Sec. 351. Precedent in Parliament and the House. | In Parliament, ``instances make order,'' per Speaker Onslow. 2 Hats., 141. But what is done only by one Parliament, cannot be called custom of Parliament, by Prynne. 1 Grey, 52. |
Sec. 352. Safekeeping of papers and integrity of bills. | The Clerk is to let no journals, records, accounts, or papers be taken from the table or out of his custody. 2 Hats., 193, 194. |
Sec. 354. Procedure of the Member in seeking recognition. | When any Member means to speak, he is to stand up in his place, uncovered, and to address himself, not to the House, or any particular Member, but to the Speaker, who calls him by his name, that the House may take notice who it is that speaks. Scob., 6; D'Ewes, 487, col. 1; 2 Hats., 77; 4 Grey, 66; 8 Grey, 108. But Members who are indisposed may be indulged to speak sitting. 2 Hats., 75, 77; 1 Grey, 143. |
Sec. 356. The parliamentary law as to recognition by the Speaker. | If two or more rise to speak nearly together, the Speaker determines who was first up, and calls him by name, whereupon he proceeds, unless he voluntarily sits down and gives way to the other. But sometimes the House does not acquiesce in the Speaker's decision, in which case the question is put, ``which Member was first up?'' 2 Hats., 76; Scob., 7; D'Ewes, 434, col. 1, 2. |
Sec. 357. Right of the Member to be heard a second time. | No man may speak more than once on the same bill on the same day; or even on another day, if the debate be adjourned. But if it be read more than once in the same day, he may speak once at every reading. Co., 12, 115; Hakew., 148; Scob., 58; 2 Hats., 75. Even a change of opinion does not give a right to be heard a second time. Smyth's Comw. L., 2, c. 3; Arcan, Parl., 17. |
Sec. 358. Participation of the Speaker in debate. | But if the Speaker rise to speak, the Member standing up ought to sit down, that he may be first heard. Town., col. 205; Hale Parl., 133; Mem. in Hakew., 30, 31. Nevertheless, though the Speaker may of right speak to matters of order, and be first heard, he is restrained from speaking on any other subject, except where the House have occasion for facts within his knowledge; then he may, with their leave, state the matter of fact. 3 Grey, 38. |
Sec. 359. Impertinent, superfluous, or tedious speaking. | No one is to speak impertinently or beside the question, superfluous, or tediously. Scob., 31, 33; 2 Hats., 166, 168; Hale Parl., 133. |
Sec. 360. Language reflecting on the House. | No person is to use indecent language against the proceedings of the House; no prior determination of which is to be reflected on by any Member, unless he means to conclude with a motion to rescind it. 2 Hats., 169, 170; Rushw., p. 3, v. 1, fol. 42. But while a proposition under consideration is still in fieri, though it has even been reported by a committee, reflections on it are no reflections on the House. 9 Grey, 508. |
Sec. 361. Personalities in debate forbidden. | No person, in speaking, is to mention a Member then present by his name, but to describe him by his seat in the House, or who spoke last, or on the other side of the question, &c., Mem. in Hakew., 3; Smyth's Comw., L. 2, c. 3; nor to digress from the matter to fall upon the person, Scob., 31; Hale Parl., 133; 2 Hats., 166, by speaking reviling, nipping, or unmannerly words against a particular Member. Smyth's Comw., L. 2, c. 3. * * * |
Sec. 362. Criticism of the Speaker. | Complaint of the conduct of the Speaker should be presented directly for the action of the House and not by way of debate on other matters (V, 5188). In a case wherein a Member used words insulting to the Speaker the House on a subsequent day, and after other business had intervened, censured the offender (II, 1248). In such a case the Speaker would ordinarily leave the chair while action should be taken by the House (II, 1366; V, 5188; VI, 565). In the 104th Congress the Chair reaffirmed that it is not in order to speak disrespectfully of the Speaker, and that under the precedents the sanctions for such violations transcend the ordinary requirements for timeliness of challenges (II, 1248; Jan. 4, 1995, p. 552; Jan. 19, 1995, p. 1599). It is not in order to arraign the personal conduct of the Speaker (Jan. 18, 1995, p. 1441; Jan. 19, 1995, p. 1601). For example, it is not in order to charge dishonesty or disregard of the rules (July 11, 1985, p. 18550), to reflect on his patriotism by accusing him of ``kowtowing'' to persons who would desecrate the flag (June 20, 1990, p. 14877), to refer to him as a ``crybaby'' (Nov. 16, 1995, p. 33394), or to refer to official conduct of the Speaker that has previously been resolved by the Committee on Standards of Official Conduct or the House (Apr. 17, 1997, p. 5831). The Chair may take the initiative to admonish Members for references in debate that disparage the Speaker (June 25, 1981, p. 14056; Mar. 22, 1996, p. 6077). Debate on a resolution authorizing the Speaker to entertain mo |
Sec. 363. Motives of Members not to be arraigned. | * * * The consequences of a measure may be reprobated in strong terms; but to arraign the motives of those who propose to advocate it is a personality, and against order. Qui digreditur a materia ad personam, Mr. Speaker ought to suppress. Ord. Com., 1604, Apr. 19. |
Sec. 364. Disorder and interruptions during debate. | No one is to disturb another in his speech by hissing, coughing, spitting, 6 Grey, 322; Scob., 8; D'Ewes, 332, col. 1, 640, col. 2, speaking or whispering to another, Scob., 6; D'Ewes, 487, col. 1; nor stand up to interrupt him, Town, col. 205; Mem. |
Sec. 365. Parliamentary method of silencing a tedious Member. | Nevertheless, if a Member finds that it is not the inclination of the House to hear him, and that by conversation or any other noise they endeavor to drown his voice, it is his most prudent way to submit to the pleasure of the House, and sit |
Sec. 366. The parliamentary law as to naming a disorderly Member. | If repeated calls do not produce order, the Speaker may call by his name any Member obstinately persisting in irregularity; whereupon the House may require the Member to withdraw. He is then to be heard in exculpation, and to withdraw. Then the Speaker states the offense committed; and the House considers the degree of punishment they will inflict. 2 Hats., 167, 7, 8, 172. |
Sec. 367. Proceedings in cases of assaults and affrays. | For instances of assaults and affrays in the House of Commons, and the proceedings thereon, see 1 Pet. Misc., 82; 3 Grey, 128; 4 Grey, 328; 5 Grey, 382; 6 Grey, 254; 10 Grey, 8. Whenever warm words or an assault have passed between Members, the House, for the protection of their Members, requires them to declare in their places not to prosecute any quarrel, 3 Grey, 128, 293; 5 Grey, 280; or orders them to attend the Speaker, who is to accommodate their differences, and report to the House, 3 Grey, 419; |
Sec. 368. Parliamentary law as to taking down disorderly words. | Disorderly words are not to be noticed till the Member has finished his speech. 5 Grey, 356; 6 Grey, 60. Then the person objecting to them, and desiring them to be taken down by the Clerk at the table, must repeat them. The Speaker then may direct the Clerk to take them down in his minutes; but if he thinks them not disorderly, he delays the direction. If the call becomes pretty general, he orders the Clerk to take them down, as stated by the objecting Member. They are then a part of his minutes, and when read to the offending Member, he may deny they were his words, and the House must then decide by a question whether they are his words or not. Then the Member may justify them, or explain the sense in which he used them, or apologize. If the House is satisfied, no further proceeding is necessary. But if two Members still insist to take the sense of the House, the Member must withdraw before that question is stated, and then the sense of the House is to be taken. 2 Hats., 199; |
Sec. 369. Disorderly words taken down and reported from Committee of the Whole. | Disorderly words spoken in a committee must be written down as in the House; but the committee can only report them to the House for animadversion. 6 Grey, 46. |
Sec. 370. References in debate to the Executive. | In Parliament, to speak irreverently or seditiously against the King is against order. Smyth's Comw., L. 2, c. 3; 2 Hats., 170. |
Sec. 371. References in debate to the other House and its Members. | It is a breach of order in debate to notice what has been said on the same subject in the other House, or the particular votes or majorities on it there; because the opinion of each House should be left to its own independency, not to be influenced by the proceedings of the other; and the quoting them might beget reflections leading to a misunderstanding between the two Houses. 8 Grey, 22. |
Sec. 373. Complaint by one House of conduct of a Member of the other. | Neither House can exercise any authority over a Member or officer of the other, but should complain to the House of which he is, and leave the punishment to them. |
Sec. 374. Duty of the Speaker to prevent expressions offensive to the other House. | * * * Where the complaint is of words disrespectfully spoken by a Member of another House, it is difficult to obtain punishment, because of the rules supposed necessary to be observed (as to the immediate noting down of words) for the security of Members. Therefore it is the duty of the House, and more particularly of the Speaker, to interfere immediately, and not to permit expressions to go unnoticed which may give a ground of complaint to the other House, and introduce proceedings and mutual accusations between the two Houses, which can hardly be terminated without difficulty and disorder. 3 Hats., 51. |
Sec. 375. Course of the Member when business concerning himself is under debate. | No Member may be present when a bill or any business concerning himself is debating; nor is any Member to speak to the merits of it till he withdraws. 2 Hats., 219. The rule is that if a charge against a Member arise out of a report of a committee, or examination of witnesses in the House, as the Member knows from that to what points he is to direct his exculpation, he may be heard to those points before any question is moved or stated against him. He is then to be heard, and withdraw before any question is moved. But if the question itself is the charge, as for breach of order or matter arising in the debate, then the charge must be stated (that is, the question must be moved), himself heard, and then to withdraw. 2 Hats., 121, 122. |
Sec. 376. Disqualifying personal interest of a Member. | Where the private interests of a Member are concerned in a bill or question he is to withdraw. And where such an interest has appeared, his voice has been disallowed, even after a division. In a case so contrary, not only to the laws of decency, but to the fundamental principle of the social compact, which denies to any man to be a judge in his own cause, it is for the honor of the House that this rule of immemorial observance should be strictly adhered to. 2 Hats., 119, 121; 6 Grey, 368. |
Sec. 377. Wearing of hats by Members. | No Member is to come into the House with his head covered, nor to remove from one place to another with his hat on, nor is to put on his hat in coming in or removing, until he be set down in his place. Scob., 6. |
Sec. 378. Adjournment of questions of order. | In 1837 the parliamentary practice of wearing hats during the session was abolished by adoption of current clause 5 of rule XVII. See Sec. 962, infra. A question of order may be adjourned to give time to look into precedents. 2 Hats., 118. |
Sec. 380. Keeping of the doors of the House. | Of right, the door of the House ought not to be shut, but to be kept by porters, or Sergeants-at-Arms, assigned for that purpose. Mod ten. Parl., 23. |
Sec. 381. Right of the Member to demand execution of the subsisting order. | The only case where a Member has a right to insist on anything, is where he calls for the execution of a subsisting order of the House. Here there having been already a resolution, any person has a right to insist that the Speaker, or any other whose duty it is, shall carry it into execution; and no debate or delay can be had on it. |
Sec. 383. Parliamentary law as to proceeding with orders of the day. | But where an order is made that any particular matter be taken up on a particular day, there a question is to be put, when it is called for, whether the House will now proceed to that matter? Where orders of the day are on important or interesting matter, they ought not to be proceeded on till an hour at which the House is usually full [which in Senate is at noon]. |
Sec. 384. Orders of the day now obsolete. | Orders of the day may be discharged at any time, and a new one made for a different day, 3 Grey, 48, 313. |
Sec. 385. Business at the end of a session. | When a session is drawing to a close and the important bills are all brought in, the House, in order to prevent interruption by further unimportant bills, some |
Sec. 386. Effect of end of the session on existing orders, especially as to imprisonment. | All orders of the House determine with the session; and one taken under such an order may, after the session is ended, be discharged on a habeas corpus. Raym., 120; Jacob's L. D. by Ruffhead; Parliament, 1 Lev., 165, Pitchara's case. |
Sec. 387. Jefferson's views as to the constitutional power to make rules. | Where the Constitution authorizes each House to determine the rules of its proceedings it must mean in those cases (legislative, executive, or judiciary) submitted to them by the Constitution, or in something relating to these, and necessary toward their execution. But orders and resolutions are sometimes entered in the journals having no relation to these, such as acceptances of invitations to attend orations, to take part in procession, etc. These must be understood to be merely |
Sec. 388. The House's construction of its power to adopt rules. | The House has frequently examined its constitutional power to make rules, and this power also has been discussed by the Supreme Court (V, 6755). It has been settled that Congress may not by law interfere with the constitutional right of a future House to make its own rules (I, 82; V, 6765, 6766), or to determine for itself the order of proceedings in effecting its organization (I, 242-245; V, 6765, 6766). It also has been determined, after long discussion and trial by practice, that one House may not continue its rules in force to and over its successor (I, 187, 210; V, 6002, 6743-6747; Jan. 22, 1971, p. 132). Congress may bind itself in matters of procedure (II, 1341; V, 6767, 6768), but its ability to so bind a succeeding Congress has been called into doubt (V, 6766). In one case the Chair denied the authority of such a law that conflicted with a rule of the House (IV, 3579). The theories involved in this question have been most carefully examined and decisively determined in reference to the law of 1851, which directs the method of procedure for the House in its constitutional function of judging the elections of its Members; and it has been determined that this law is not of absolute binding force on the House, but rather a wholesome rule not to be departed from except for cause (I, 597, 713, 726, 833; II, 1122). In modern practice, existing statutory procedures, including provisions of concurrent resolutions, are readopted as Rules of the House at the beginning of each Congress (see, e.g., H. Res. 6, Jan. 4, 1995, p. 462). This practice was codified in clause 1 of rule XXVIII when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 75, see Sec. 1105, infra). Where the House amended a standing rule of general applicability during a session and the amended rule did not require prospective application, the rule was interpreted to apply retroactively (Sept. 28, 1993, p. 22719). |
Sec. 390. Signing and presentation of petitions. | Petitions must be subscribed by the petitioners Scob., 87; L. Parl., c. 22; 9 Grey, 362, unless they are attending, 1 Grey, 401 or unable to sign, and averred by a member, 3 Grey, 418. But a petition not subscribed, but which the member presenting it affirmed to be all in the handwriting of the petitioner, and his name written in the beginning, was on the question (March 14, 1800) received by the Senate. The averment of a member, or of somebody without doors, that they know the handwriting of the petitioners, is necessary, if it be questioned. 6 Grey, 36. It must be presented by a member, not by the petitioners, and must be opened by him holding it in his hand. 10 Grey, 57. |
Sec. 391. Parliamentary law for the reception of petitions. | Regularly a motion for receiving it must be made and seconded, and a question put, whether it shall be received, but a cry from the House of ``re |
Sec. 392. Parliamentary law as to making, withdrawing, and reading of motions. | When a motion has been made, it is not to be put to the question or debated until it is seconded. Scob., 21. |
Sec. 393. Interruptions of the Member having the floor. | It might be asked whether a motion for adjournment or for the orders of the day can be made by one Member while another is speaking? It can not. When two Members offer to speak, he who rose first is to be heard, and it is a breach of |
Sec. 395. Orders and resolutions of the House. | When the House commands, it is by an ``order.'' But fact, principles, and their own opinions and purposes, are expressed in the form of resolutions. |
Sec. 396. Concurrent resolutions of the two Houses. | In the modern practice concurrent resolutions have been developed as a means of expressing fact, principles, opinions, and purposes of the two Houses (II, 1566, 1567). Joint committees are authorized by resolutions of this form (III, 1998, 1999), and they are used in authorizing correction of bills agreed to by both Houses (VII, 1042), amendment of enrolled bills (VII, 1041), amendment of conference reports (VIII, 3308), requests for return of bills sent to the President (VII, 1090, 1091), authorizing the printing of certain enrolled bills by hand in the remaining days of a session (H. Con. Res. 436, Dec. 20, 1982, p. 32875), providing for joint session to receive message from the President (VIII, 3335, 3336), authorizing the printing of congressional documents (H. Con. Res. 66, July 1, 1969, p. 17948); paying a birthday tribute to former President Truman (H. Con. Res. 216, Apr. 24, 1969, p. 10213); calling for the humane treatment of prisoners of war in Vietnam (H. Con. Res. 454, Dec. 15, 1969, p. 39037), and fixing time for final adjournment (VIII, 3365). The Congressional Budget Act of 1974 (P.L. 93-344) provides for the adoption by both Houses of concurrent resolutions on the budget that become binding on both Houses with respect to congressional budget procedures (see Sec. 1127, infra). A concurrent resolution is binding on neither House until agreed to by both (IV, 3379), and, since not legislative in nature, is not sent to the President for approval (IV, 3483). A concurrent resolution is not a bill or joint resolution within the meaning of clause 5 of rule XXI (requiring a three-fifths vote for approval of such a measure if carrying an increase in a rate of tax on income) (Speaker Gingrich, May 18, 1995, p. 13499). In the 106th Congress the Senate neglected to adopt a House concurrent resolution vacating signatures of the Presiding Officers on an enrolled bill and laying that bill on the table as overtaken by another enactment (H. Con. Res. 234, adopted by the House on Nov. 18, 1999, p. 30719). The Congress subsequently enacted section 1401 of the Miscellaneous Appropriations Act of 2001, which adopted that concurrent resolution (as enacted by P.L. 106-554). |
Sec. 397. Joint resolutions. | Another development of the modern practice is the joint resolution, which is a bill so far as the processes of the Congress in relation to it are concerned (IV, 3375; VII, 1036). With the exception of joint resolutions proposing amendments to the Constitution (V, 7029), all these resolutions are sent to the President for approval and have the full force of law. They are used for what may be called the incidental, unusual, or inferior purposes of legislating (IV, 3372), as extending the national thanks to individuals (IV, 3370), the invitation to Lafayette to visit America (V, 7082, footnote), the welcome to Kossuth (V, 7083), notice to a foreign government of the abrogation of a treaty (V, 6270), declaration of intervention in Cuba (V, 6321), correction of an error in an existing act of legislation (IV, 3519; VII, 1092), enlargement of scope of inquiries provided by law (VII, 1040), election of managers for National Soldiers' Homes (V, 7336), special appropriations for minor |
Sec. 398. Obsolete provisions as to introduction of bills. | When a Member desires to bring in a bill on any subject, he states to the House in general terms the causes for doing it, and concludes by moving for leave to bring in a bill, entitled, &c. Leave being given, on the question, a committee is appointed to prepare and bring in the bill. The mover and seconder are always appointed of this committee, and one or more in addition. Hakew., 132; Scob., 40. It is to be presented fairly written, without any erasure or interlineation, or the Speaker may refuse it. Scob., 41; 1 Grey, 82, 84. |
Sec. 399. Obsolete requirements as to first reading of bills. | When a bill is first presented, the Clerk reads it at the table, and hands it to the Speaker, who, rising, states to the House the title of the bill; that this is the first time of reading it; and the question will be, whether it shall be read a second time? then sitting down to give an opening for objections. If none be made, he rises again, and puts the question, whether it shall be read a second time? Hakew., 137, 141. A bill cannot be amended on the first reading, 6 Grey, 286; nor is it usual for it to be opposed then, but it may be done, and rejected. D'Ewes, 335, col. 1; 3 Hats., 198. |
Sec. 400. Obsolete parliamentary law as to second reading. | The second reading must regularly be on another day. Hakew., 143. It is done by the Clerk at the table, who then hands it to the Speaker. The Speaker, rising, states to the House the title of the bill; that this is the second time of reading it; and that the question will be, whether it shall be committed, or engrossed and read a third time? But if the bill came from the other House, as it always comes engrossed, he states that the question will be, whether it shall be read a third time? and before he has so reported the state of the bill, no one is to speak to it. Hakew., 143, 146. |
Sec. 401. Parliamentary law (largely obsolete) as to reference of bills to committees. | If on motion and question it be decided that the bill shall be committed, it may then be moved to be referred to Committee of the Whole House, or to a special committee. If the latter, the Speaker proceeds to name the committee. Any member also may name a single person, and Clerk is to write him down as of the committee. But the House have a controlling power over the names and number, if a question be moved against any one; and may in any case put in and put out whom they please. |
Sec. 402. Obsolete provisions as to constitution of committees. | Those who take exceptions to some particulars in the bill are to be of the committee, but none who speak directly against the body of the bill; for he that would totally destroy will not amend it, Hakew., 146; Town., col., 208; D'Ewes, 634, col. 2; Scob., 47; or as is said, 5 Grey, 145, the child is not to be put to a nurse that cares not for it, 6 Grey, 373. It is therefore a constant rule ``that no man is to be employed in any matter who has declared himself against it.'' And when any member who is against the bill hears himself named of its committee he ought to ask to be excused. Thus, March 7, 1806, Mr. Hadley was, on the question being put, excused from being of a committee, declaring himself to be against the matter itself. Scob., 46. |
Sec. 403. Delivery of bills to committees. | The Clerk may deliver the bill to any member of the committee, Town, col. 138; but it is usual to deliver it to him who is first named. |
Sec. 404. Obsolete provision for ordering a committee to withdraw and bring back a bill. | In some cases the House has ordered a committee to withdraw immediately into the committee chamber and act on and bring back the bill, sitting the House. Scob., 48. * * * |
Sec. 405. Commital with directions to report forthwith. | When a bill is under consideration, however, the House may on motion commit it with instructions to report forthwith with certain specified amendment (V, 5548, 5549), in which case the chairman of the committee reports at once without awaiting action of the committee (V, 5545-5547; VIII, 2730, 2732) and the bill is in order for immediate consideration (V, 5550; VIII, 2735). |
Sec. 406. Discharge of a committee. | The motion to discharge a committee from the consideration of an ordinary legislative proposition is not privileged under the rules (IV, 3533, 4693; VIII, 2316), but where a matter involves a question of privilege (III, 2585, 2709; VIII, 2316), or is privileged under the rule relating to resolutions of inquiry (clause 7 of rule XIII; III, 1871; IV, 4695) or is provided privilege under statutes enacted under the rulemaking power of the House (see Sec. 1130, infra), the motion to discharge is admitted. The motion is not debatable (III, 1868; IV, 4695), except as follows: (1) under statutory procedures; (2) under clause 2 of rule XV; and (3) under modern practice of the House, a motion to discharge a vetoed bill (Mar. 7, 1990, p. 3620; Sept. 19, 1996, p. 23815). The motion may be laid on the table (V, 5407; VI, 415), but the question of consideration may not be demanded against it (V, 4977). |
Sec. 407. Meetings and action of committees. | * * * A committee meet when and where they please, if the House has not ordered time and place for them, 6 Grey, 370; but they can only act when together, and not by separate consultation and consent--nothing being the report of the committee but what has been agreed to in committee actually assembled. |
Sec. 408. Authorization of reports of committees. | The House has adhered to the principle that a report must be authorized by a committee acting together, and a paper signed by a majority of the committee acting separately has been ruled out (IV, 4584; VIII, 2210- 2212, 2220; see also clause 2(h) of rule XI). |
Sec. 410. Presence of a Member of the House in a select committee. | Any Member of the House may be present at any select committee, but cannot vote, and must give place to all of the committee, and sit below them. Elsynge, 12; Scob., 49. |
Sec. 411. Power of committees over the body and title of a bill. | The committee have full power over the bill or other paper committed to them, except that they cannot change the title or subject. 8 Grey, 228. |
Sec. 412. Parliamentary law governing consideration of bills, etc., in committees. | The paper before a committee, whether select or of the whole, may be a bill, resolutions, draught of an address, &c., and it may either originate with them or be referred to them. In every case the whole paper is read first by the Clerk, and then by the chairman, by paragraphs, Scob., 49, pausing at the end of each paragraph, and putting questions for amending, if proposed. In the case of resolutions or distinct subjects, originating with themselves, a question is put on each separately, as amended or unamended, and no final question on the whole, 3 Hats., 276; but if they relate to the same subject, a question is put on the whole. If it be a bill, draught of an address, or other paper originating with them, they proceed by paragraphs, putting questions for amending, either by insertion or striking out, if proposed; but no question on agreeing to the paragraphs separately; this is reserved to the close, when a question is put on the whole, for agreeing to it as amended or unamended. But if it be a paper referred to them, they proceed to put questions of amendment, if proposed, but no final question on the whole; because all parts of the paper, having been adopted by the House, stand, of course, unless altered or struck out by a vote. Even if they are opposed to the whole paper, and think it cannot be made good by amendments, they cannot reject it, but must report it back to the House without amendments, and there make their opposition. |
Sec. 413. Order of amending bills in the House. | The natural order in considering and amending any paper is, to begin at the beginning, and proceed through it by paragraphs; and this order is so strictly adhered to in Parliament, that when a latter part has been amended, you cannot recur back and make an alteration in a former part. 2 Hats., 90. In numerous assemblies this restraint is doubtless important. But in the Senate of the United States, though in the main we consider and amend the paragraphs in their natural order, yet recurrences are indulged; and they seem, on the whole, in that small body, to produce advantages overweighing their inconveniences. |
Sec. 414. Preamble amended after the body of the bill or resolution has been considered. | To this natural order of beginning at the beginning there is a single exception found in parliamentary usage. When a bill is taken up in committee, or on its second reading, they postpone the preamble till the other parts of the bill are gone through. The reason is, that on consideration of the body of the bill such alterations may therein be made as may also occasion the alteration of the preamble. Scob., 50; 7 Grey, 431. |
Sec. 415. Directions of a committee for making of its report. | When the committee is through the whole, a Member moves that the committee may rise, and the chairman report the paper to the House, with or without amendments, as the case may be. 2 Hats., 289, 292; Scob., 53; 2 Hats., 290; 8 Scob., 50. |
Sec. 416. As to reconsideration of a vote in committee. | When a vote is once passed in a committee it cannot be altered but by the House, their votes being binding on themselves. 1607, June 4. |
Sec. 417. Method of noting amendments to a bill in committee. | The committee may not erase, interline, or blot the bill itself; but must, in a paper by itself set down the amendments, stating the words which are to be inserted or omitted, Scob., 50, and where, by references to page, line, and word of the bill. Scob., 50. |
Sec. 418. Parliamentary method of submitting reports. | The chairman of the committee, standing in his place, informs the House that the committee to whom was referred such a bill, have, according to order, had the same under consideration, and have directed him to report the same without any amendment, or with sundry amendments (as the case may be), which he is ready to do when the House pleases to receive it. And he or any other may move that it be now received; but the cry of ``now, now,'' from the House, generally dispenses with the formality of a motion and question. He then reads the amendments, with the coherence in the bill, and opens the alterations and the reasons of the committee for such amendments, until he has gone through the whole. He then delivers it at the Clerk's table, where the amendments reported are read by the Clerk without the coherence; whereupon the papers lie upon the table till the House, at its convenience, shall take up the report. Scob., 52; Hakew., 148. |
Sec. 419. Reports; dissolution and revival of select committees. | The report being made, the committee is dissolved and can act no more without a new power. Scob. 51. But it may be revived by a vote, and the same matter recommitted to them. 4 Grey, 361. |
Sec. 420. Recommittal of a bill to a committee. | After a bill has been committed and reported, it ought not, in any ordinary course, to be recommitted; but in cases of importance, and for special reasons, it is sometimes recommitted, and usually to the same committee. Hakew, 151. If a report be recommitted before agreed to in the House, what has passed in committee is of no validity; the whole question is again before the committee, and a new resolution must be again moved, as if nothing had passed. 3 Hats., 131--note. |
Sec. 421. Division of matters for reference to committees. | A particular clause of a bill may be committed without the whole bill, 3 Hats., 131; or so much of a paper to one and so much to another committee. |
Sec. 422. Consideration and action on reports. | When the report of a paper originating with a committee is taken up by the House, they proceed exactly as in committee. Here, as in committee, when the paragraphs have, on distinct questions, been agreed to seriatim, 5 Grey, 366; 6 Grey, 368; 8 Grey, 47, 104, 360; 1 Torbuck's Deb., 125; 3 Hats., 348, no question needs be put on the whole report. 5 Grey, 381. |
Sec. 423. Action by the House on amendments recommended by committees. | On taking up a bill reported with amendments the amendments only are read by the Clerk. The Speaker then reads the first, and puts it to the question, and so on till the whole are adopted or rejected, before any other amendment be admitted, except it be an amendment to an amendment. Elsynge's Mem., 53. When through the amendments of the committee, the Speaker pauses, and gives time for amendments to be proposed in the House to the body of the bill; as he does also if it has been reported without amendments; putting no questions but on amendments proposed; and when through the whole, he puts the question whether the bill shall be read a third time? |
Sec. 424. Procedure ``in the House as in Committee of the Whole.'' | If on motion and question the bill be not committed, or if no proposition for commitment be made, then the proceedings in the Senate of the United States and in Parliament are totally different. The former shall be first stated. |
Sec. 425. Motion to refer admitted ``in the House as in Committee of the Whole.'' | After progress in amending the bill in quasi- committee, a motion may be made to refer it to a special committee. If the motion prevails, it is equivalent in effect to the several votes, that the committee rise, the House resume itself, discharge the Committee of the Whole, and refer the bill to a special committee. In that case, the amendments already made fall. But if the motion fails, the quasi-committee stands in status quo.- |
Sec. 426. Motions and procedure in quasicommittee in Jefferson's time. | How far does this XXVIIIth rule [of the Senate] subject the House, when in quasi-committee, to the laws which regulate the proceedings of Committees of the Whole? The particulars in which these differ from proceedings in the House are the following: 1. In a committee every member may speak as often as he pleases. 2. The votes of a committee may be rejected or altered when |
Sec. 427. Motions and procedure ``in the House as in Committee of the Whole.'' | In the modern practice of the House, the rule of Jefferson's Manual is followed to the extent that the House, while acting ``in the House as in Committee of the Whole'' may deal with disorder, take the yeas and nays, adjourn, refer to a committee even though the reading by sections may not have begun (IV, 4931, 4932), admit the motion to reconsider (VIII, 2793), receive messages (IV, 4923), and use the previous question (VI, 369; Procedure, ch. 23, Sec. 6.3) (which differs from the previous question of Jefferson's time). The previous question may not be moved on a single section of a bill (IV, 4930), but it may be demanded on the bill while Members yet desire to offer amendments (IV, 4926-4929; VI, 639). Formerly a motion to close debate on the pending section of a bill being read by section for amendment in the House as in the Committee of the Whole was in order (IV, 4935), but under current practice a bill considered in the House as in Committee of the Whole is considered as read and open for amendment at any point (Aug. 10, 1970, p. 28050), and a motion is in order in the House as in Committee of the Whole to close debate on the bill or on an amendment (June 26, 1973, p. 21314). An amendment may be withdrawn at any time before action has been had on it (IV, 4935; June 26, 1973, p. 21305). An amendment in the nature of a substitute is in order after perfecting amendments have been considered (IV, 4933, 4934; V, 5788). The title also is amended after the bill has been considered (IV, 3416). A quorum of the House (and not of the Committee of the Whole) is required in the House as in the Committee of the Whole (VI, 639). |
Sec. 428. Manner of reading a bill the second time. | In Parliament, after the bill has been read a second time, if on the motion and question it be not committed, or if no proposition for commitment be made, the speaker reads it by paragraphs, paus |
Sec. 429. Test of strength on engrossment after amendment. | The bill being now as perfect as its friends can make it, this is the proper stage for those fundamentally opposed to make their first attack. All attempts at earlier periods are with disjointed efforts, because many who do not expect to be in favor of the bill ultimately, are willing to let it |
Sec. 430. Test of strength on a bill before amending. | In the House there are two other means of testing strength--one by raising the question of consideration when the bill first comes up (clause 3 of rule XVI), and the other by moving to strike out the enacting words when it is first open to amendment (clause 9 of rule XVIII). By these methods an adverse opinion may be expressed without permitting the bill to consume the time of the House. |
Sec. 432. Parliamentary law as to the reading of papers. | Where papers are laid before the House or referred to a committee every Member has a right to have them once read at the table before he can be compelled to vote on them; but it is a great though common error to suppose that he has a right, toties quoties, to have acts, journals, accounts, or papers on the table read independently of the will of the House. The delay and interruption which this might be made to produce evince the impossibility of the existence of such a right. There is, indeed, so manifest a propriety of permitting every Member to have as much information as possible on every question on which he is to vote, that when he desires the reading, if it be seen that it is really for information and not for delay, the Speaker directs it to be read without putting a question, if no one objects; but if objected to, a question must be put. 2 Hats., 117, 118. |
Sec. 433. Papers not necessarily to be read on plea of privilege. | It is equally an error to suppose that any Member has a right, without a question put, to lay a book or paper on the table, and have it read, on suggesting that it contains matter infringing on the privileges of the House. Ib. |
Sec. 434. Member not always privileged to read a paper in his place. | For the same reason a Member has not a right to read a paper in his place, if it be objected to, without leave of the House. But this rigor is never exercised but where there is an intentional or gross abuse of the time and patience of the House. |
Sec. 435. Reports of committees not read except on order or in debate. | A report of a committee of the Senate on a bill from the House of Representatives being under consideration: on motion that the report of the committee of the House of Representatives on the same bill be read in the Senate, it passed in the negative. Feb. 28, 1793. |
Sec. 436. Reading of papers on reference. | Formerly, when papers were referred to a committee, they used to be first read; but of late only the titles, unless a Member insists they shall be read, and then nobody can oppose it. 2 Hats., 117. |
Sec. 437. Possession of a bill by the House. | It is no possession of a bill unless it be delivered to the Clerk to read, or the Speaker reads the title. Lex. Parl., 274; Elysynge Mem., 85; Ord. House of Commons, 64. |
Sec. 438. Theory as to privileged questions. | It is a general rule that the question first moved and seconded shall be first put. Scob., 28, 22; 2 Hats., 81. But this rule gives way to what may be called privileged questions; and the privileged questions are of different grades among themselves. |
Sec. 439. Precedence of the motion to adjourn. | A motion to adjourn simply takes place of all others; for otherwise the House might be kept sitting against its will, and indefinitely. Yet this motion can not be received after another question is actually put and while the House is engaged in voting. |
Sec. 440. Obsolete parliamentary law governing orders of the day. | Orders of the day take place of all other questions, except for adjournment--that is to say, the question which is the subject of an order is made a privileged one, pro hac vice. The order is a repeal of the general rule as to this special case. When any Member moves, therefore, for the order of the day to be read, no further debate is permitted on the question which was before the House; for if the debate might proceed it might continue through the day and defeat the order. This motion, to entitle it to precedence, must be for the orders generally, and not for any particular one; and if it be carried on the question, ``Whether the House will now proceed to the orders of the day?'' they must be read and proceeded on in the course in which they stand, 2 Hats., 83; for priority of order gives priority of right, which cannot be taken away but by another special order of business. |
Sec. 441. Jefferson's discussion of certain privileged motions. | After these there are other privileged questions, which will require considerable explanation. |
Sec. 442. Obsolete use of the previous question. | 1. When a proposition is moved which it is useless or inexpedient now to express or discuss, the previous question has been introduced for suppressing for that time the motion and its discussion. 3 Hats., 188, 189. |
Sec. 443. The motion to postpone indefinitely. | 2. But as the previous question gets rid of it only for that day, and the same proposition may recur the next day, if they wish to suppress it for the whole of that session, they postpone it indefinitely. 3 Hats., 183. This quashes the proposition for that session, as an indefinite adjournment is a dissolution, or the continuance of a suit sine die is a discontinuance of it. |
Sec. 444. Postponement to a day certain. | 3. When a motion is made which it will be proper to act on, but information is wanted, or something more press |
Sec. 445. Motion to lay on the table. | 4. When the House has something else which claims its present attention, but would be willing to reserve in their power to take up a proposition whenever it shall suit them, they order it to lie on their table. It may then be called for at any time. |
Sec. 446. Delegation of consideration to committee. | 5. If the proposition will want more amendment and digestion than the formalities of the House will conveniently admit, they refer it to a committee. |
Sec. 447. Privileged motions in the Senate and in Parliament. | The Senate, in their practice, vary from this regular graduation of forms. Their practice comparatively with that of Parliament stands thus: |
Sec. 448. Obsolete provision as to priority of privileged motions. | But it may be asked: Have these questions any privilege among themselves? or are they so equal that the common principle of the ``first moved first put'' takes place among them? This will need explanation. Their competitions may be as follows: 1. Previous question and postpone |
Sec. 449. General principles of priority of motions. | Second class. If postponement be decided affirmatively, the proposition is removed from before the House, and consequently there is no ground for the previous question, commitment or amendment; but if decided negatively (that it shall not be postponed), the main question may then be suppressed by the previous question, or may be committed, or amended. |
Sec. 450. Applications of the previous question to debatable secondary and privileged motions. | We have hitherto considered the case of two or more of the privileged questions contending for privilege between themselves, when both are moved on the original or main question; but now let us suppose one of them to be moved, |
Sec. 451. Motion to postpone not applicable to other secondary motions. | Suppose a motion for the previous question, or commitment or amendment of the main question, and that it be then moved to postpone the motion for the previous question, or for commitment or amendment of the main question. 1. It would be absurd to postpone the previous question, commitment, or amendment, alone, and thus separate the appendage from its principal; yet it must be postponed separately from its original, if at all; because the eighth rule of the Senate says that when a main question is before the House no motion shall be received but to commit, amend, or pre-question the original question, which is the parliamentary doctrine also. |
Sec. 452. The motion to amend not applicable to the previous question. | Suppose an amendment moved to a motion for the previous question. Answer: The previous question can not be amended. Parliamentary usage, as well as the ninth rule of the Senate, has fixed its form to be, ``Shall the main question be now put?''--i.e., at this instant; and as the present instant is but one, it can admit of no modification. To change it to to-morrow, or any other moment, is without example and without utility. * * * |
Sec. 453. Motion to amend applicable to motions to postpone or refer. | * * * But suppose a motion to amend a motion for postponement, as to one day instead of another, or to a special instead of an indefinite time. The useful character of amendment gives it a |
Sec. 454. Amendment in the third degree not in order. | * * * In like manner, if an amendment be moved to an amendment, it is admitted; but it would not be admitted in another degree, to wit, to amend an amendment to an amendment of a main question. This would lead to too much embarrassment. The line must be drawn somewhere, and usage has drawn it after the amendment to the amendment. The same result must be sought by deciding against the amendment to the amendment, and then moving it again as it was wished to be amended. In this form it becomes only an amendment to an amendment. |
Sec. 455. Filling blanks; and amendment to numbers. | [In filling a blank with a sum, the largest sum shall be first put to the question, by the thirteenth rule of the Senate, contrary to the rule of Parliament, which privileges the smallest sum and longest time. 5 Grey, 179; 2 Hats., 8, 83; 3 Hats., 132, 133.] And this is considered to be not in the form of an amendment to the question, but as alternative or successive originals. In all cases of time or number, we must consider whether the larger comprehends the lesser, as in a question |
Sec. 456. Priority of amendments over motions to strike out or agree. | Another exception to the rule of priority is when a motion has been made to strike out, or agree to, a paragraph. Motions to amend it are to be put to the question before a vote is taken on striking out or agreeing to the whole paragraph. |
Sec. 457. Incidental questions, like points of order, that intervene during consideration of the main question. | But there are several questions which, being incidental to every one, will take place of every one, privileged or not; to wit, a question of order arising out of any other question must be decided before that question. 2 Hats., 88. |
Sec. 458. Matters of privilege as intervening questions. | A matter of privilege arising out of any question, or from a quarrel between two Members, or any other cause, supersedes the consideration of the original question, and must be first disposed of. 2 Hats., 88. |
Sec. 460. Withdrawal of motions. | Leave asked to withdraw a motion. The rule of Parliament being that a motion made and seconded is in the possession of the House, and can not be withdrawn without leave, the very terms of the rule imply that leave may be given, and, consequently, may be asked and put to the question. |
Sec. 461. The previous question of Parliament. | When any question is before the House, any Member may move a previous question, ``Whether that question (called the main question) shall now be put?'' If it pass in the affirmative, then the main question is to be put immediately, and no man may speak anything further to it, either to add or alter. Memor. in Hakew., 28; 4 Grey, 27. |
Sec. 462. Manner of putting the previous question. | The previous question being moved and seconded, the question from the Chair shall be, ``Shall the main question be now put?'' and if the nays prevail, the main question shall not then be put. |
Sec. 463. History, use, etc., of the previous question of Parliament. | This kind of question is understood by Mr. Hatsell to have been introduced in 1604. 2 Hats., 80. Sir Henry Vane introduced it. 2 Grey, 113, 114; 3 Grey, 384. When the question was put in this form, ``Shall the main question be put?'' a determination in the negative suppressed the main question during the session; but since the words ``now put'' are used, they exclude it for the present only; formerly, indeed, only till the present debate was over, 4 Grey, 43, but now for that day and no longer. 2 Grey, 113, 114. |
Sec. 466. The Speaker not to decide as to consistency of a proposed amendment with one already agreed to. | If an amendment be proposed inconsistent with one already agreed to, it is a fit ground for its rejection by the House, but not within the competence of the Speaker to suppress as if it were against order. For were he permitted to draw questions of consistence within the vortex or order, he might usurp a negative on important modifications, and suppress, instead of subserving, the legislative will. |
Sec. 467. The parliamentary law and the Rules of the House as to germane amendments. | Amendments may be made so as totally to alter the nature of the proposition; and it is a way of getting rid of a proposition by making it bear a sense different from what it was intended by the movers, so that they vote against it themselves. 2 Hats., 79; 4, 82, 84. A new bill may be ingrafted, by way of amendment, on the words, ``Be it enacted,'' etc. 1 Grey, 190, 192. |
Sec. 468. The amendment to strike out certain words of a bill. | If it be proposed to amend by leaving out certain words, it may be moved, as an amendment to this amendment, to leave out a part of the words of the amendment, which is equivalent to leaving them in the bill. 2 Hats., 80, 9. The parliamentary question is, always, whether the words shall stand part of the bill. |
Sec. 469. Principles as to perfecting before inserting or striking out. | When it is proposed to amend by inserting a paragraph, or part of one, the friends of the paragraph may make it as perfect as they can by amendments before the question is put for inserting it. If it be received, it cannot be amended afterward in the same stage, because the House has, on a vote, agreed to it in that form. In like manner, if it is proposed to amend by striking out a paragraph, the friends of the paragraph are first to make it as perfect as they can by amendments, before the question is put for striking it out. If on the question it be retained, it cannot be amended afterward, because a vote against striking out is equivalent to a vote agreeing to it in that form. |
Sec. 470. Reading the motion and putting the question on a motion to strike out and insert. | When it is moved to amend by striking out certain words and inserting others, the manner of stating the question is first to read the whole passage to be amended as it stands at present, then the words proposed to be struck out, next those to be inserted, and lastly the whole passage as it will be when amended. And the question, if desired, is then to be divided, and put first on striking out. If carried, it is next on inserting the words proposed. If that be lost, it may be moved to insert others. 2 Hats., 80, 7. |
Sec. 471. Conditions of repetition of motions to strike out and insert. | A motion is made to amend by striking out certain words and inserting others in their place, which is negatived. Then it is moved to strike out the same words, and to insert others of a tenor entirely different from those first proposed. It is |
Sec. 472. Application of the motion to strike out. | The principle set forth by Jefferson as to repetition of the motion to strike out prevails in the House, where it has been held in order, after the failure of a motion to strike out certain words, to move to strike out a portion of those words (V, 5769; VIII, 2858). When a bill is under consideration by paragraphs, a motion to strike out applies only to the paragraph under consideration (V, 5774). |
Sec. 473. Effect of affirmative vote on motion to strike out and insert. | But if it had been carried affirmatively to strike out the words and to insert A, it could not afterward be permitted to strike out A and insert B. The mover of B should have notified, while the insertion of A was under debate, that he would move to insert B; in which case those who preferred it would join in rejecting A. |
Sec. 474. Conditions of striking out an amendment already agreed to. | After A is inserted, however, it may be moved to strike out a portion of the original paragraph, comprehending A, provided the coherence to be struck out be so substantial as to make this effectively a different proposition; for then it is resolved into the common case of striking out a paragraph after amending it. Nor does anything forbid a new insertion, instead of A and its coherence. |
Sec. 475. Amendments filling blanks as to time. | In Senate, January 25, 1798, a motion to postpone until the second Tuesday in February some amendments proposed to the Constitution; the words ``until the second Tuesday in February'' were struck out by way of amendment. Then it was moved to add, ``until the first day of June.'' Objected that it was not in order, as the question |
Sec. 476. Joining and dividing bills. | When the matter contained in two bills might be better put into one, the manner is to reject the one and incorporate its matter into another bill by way of amendment. So if the matter of one bill would be better distributed into two, any part may be struck out by way of amendment, and put into a new bill. * * * |
Sec. 477. Transposition of the sections of a bill. | * * * If a section is to be transposed, a question must be put on striking it out where it stands and another for inserting it in the place desired. |
Sec. 478. Filling blanks left by the other House. | A bill passed by the one House with blanks. These may be filled up by the other by way of amendments, returned to the first as such, and passed 3 Hats., 83. |
Sec. 479. Clerk amends the section numbers of a bill. | The number prefixed to the section of a bill, be merely a marginal indication, and no part of the text of the bill, the Clerk regulates that--the House or committee is only to amend the text. |
Sec. 480. Parliamentary law for division of the question. | If a question contain more parts than one, it may be divided into two or more questions. Mem. in Hakew., 29. But not as the right of an individual member, but with the consent of the House. For who is to decide whether a question is complicated or not--where it is complicated--into how many propositions it may be divided? The fact is, that the only mode of separating a complicated question is by moving amendments to it; and these must be decided by the House, on a question, unless the House orders it to be divided; as, on the question, December 2, 1640, making void the election of the knights for Worcester, on a motion it was resolved to make two questions of it, to wit, one on each knight. 2 Hats., 85, 86. So, wherever there are several names in a question, they may be divided and put one by one. 9 Grey, 444. So, 1729, April 17, on an objection that a question was complicated, it was separated by amendment. 2 Hats., 79. |
Sec. 481. Jefferson's discussion of division of the question. | The soundness of these observations will be evident from the embarrassments produced by the XVIIIth rule of the Senate, which says, ``if the question in debate contains several points, any member may have the same divided.'' |
Sec. 482. Division of question as related to debate or amendment. | When a question is divided, after the question on the 1st member, the 2d is open to debate and amendment; because it is a known rule that a person may rise and speak at any time before the question has been completely decided, by putting the negative as well as the affirmative side. But the question is not completely put when the vote has |
Sec. 483. Fundamental principles as to coexisting questions. | It may be asked whether the House can be in possession of two motions or propositions at the same time? so that, one of them being decided, the other goes to question without being moved anew? The answer must be special. When a question is interrupted by a vote of adjournment, it is thereby removed from before the House, and does not stand ipso facto before them at their next meeting, but must come forward in the usual way. So, when it is interrupted by the order of the day. Such other privileged questions also as dispose of the main question (e.g., the previous question, postponement, or commitment), remove it from before the House. But it is only suspended by a motion to amend, to withdraw, to read papers, or by a question of order or privilege, and stands again before the House when these are decided. None but the class of privileged questions can be brought forward while there is another question before the |
Sec. 484. Former practice as to rejection and second reading of bills. | If, on a question for rejection, a bill be retained, it passes, of course, to its next reading. Hakew., 141; Scob., 42. And a question for a second reading, determined negatively, is a rejection without further question. 4 Grey, 149. And see Elsynge's Memor., 42, in what case questions are to be taken for rejection. |
Sec. 485. Equivalent questions in general. | Where questions are perfectly equivalent, so that the negative of the one amounts to the affirmative of the other, and leaves no other alternative, the decision of the one concludes necessarily the other. 4 Grey, 157. Thus the negative of striking out amounts to the affirmative of agreeing; and therefore to put a question on agreeing after that on striking out, would be to put the same question in effect twice over. Not so in questions of amendments between the two Houses. A motion to recede being negatived, does not amount |
Sec. 486. Equivalent questions on amendments between the Houses. | A bill originating in one House is passed by the other with an amendment. A motion in the originating House to agree to the amendment is negatived. Does there result from this a vote of disagreement, or must the question on disagreement be expressly voted? The question respecting amendments from another House are--1st, to agree; 2d, disagree; 3d, recede; 4th, insist; 5th, adhere. |
Sec. 487. The motions to agree and disagree as related to motions to amend. | 1st. To agree; 2d. To disagree.--Either of these concludes the other necessarily, for the positive of either is exactly the equivalent to the negative of the other, and no other alternative remains. On either motion amendments to the amendment may be proposed; e.g., if it be moved to disagree, those who are for the amendment have a right to propose amendments, and to make it as perfect as they can, before the question of disagreeing is put. |
Sec. 488. No equivalent questions on motions to recede, insist, and adhere. | 3d. To recede.--You may then either insist or adhere. 4th. To insist.--You may then either recede or adhere. |
Sec. 490. Effect of putting the question in ending debate. | After the Speaker has put the affirmative part of the question, any Member who has not spoken before to the question may rise and speak before the negative be put; because it is no full question till the negative part be put. Scob., 23; 2 Hats., 73. |
Sec. 491. Informal putting of the question. | But in small matters, and which are of course, such as receiving petitions, reports, withdrawing motions, reading papers, &c., the Speaker most commonly supposes the consent of the House where no objection is expressed, and does not give them the trouble of putting the question formally. Scob., 22; 2 Hats., 79, 2, 87; 5 Grey, 129; 9 Grey, 301. |
Sec. 492. Obsolete requirements as to reading and passage of bills. | To prevent bills from being passed by surprise, the House, by a standing order, directs that they shall not be put on their passage before a fixed hour, naming one at which the house is commonly full. Hakew., 153. |
Sec. 493. Obsolete parliamentary law as to third reading. | At the third reading the Clerk reads the bill and delivers it to the Speaker, who states the title, that it is the third time of reading the bill, and that the question will be whether it shall pass. Formerly the Speaker, or those who prepared a bill, prepared also a breviate or summary statement of its contents, which the Speaker read when he declared the state of the bill, at the several readings. Sometimes, however, he read the bill itself, especially on its passage. Hakew., 136, 137, 153; Coke, 22, 115. Latterly, instead of this, he, at the third reading, states the whole contents of the bill verbatim, only, instead of reading the formal parts, ``Be it enacted,'' &c., he states that ``preamble recites so and so--the 1st section enacts that, &c.; the 2d section enacts,'' &c. |
Sec. 494. Committal of a bill on third reading. | A bill on the third reading is not to be committed for the matter or body thereof, but to receive some particular clause or proviso, it hath been sometimes suffered, but as a thing very unusual. Hakew., 156. Thus, 27 El., 1584, a bill was committed on the third reading, having been formerly committed on the second, but is declared not usual. D'Ewes, 337, col. 2; 414, col. 2. |
Sec. 495. Obsolete parliamentary practice as to riders. | When an essential provision has been omitted, rather than erase the bill and render it suspicious, they add a clause on a separate paper, engrossed and called a rider, which is read and put to the question three times. Elsynge's Memo., 59; 6 Grey, 335; 1 Blackst., 183. For examples of riders, see 3 Hats., 121, 122, 124, 156. Every one |
Sec. 496. Obsolete requirements as to reading of amendments. | It is laid down, as a general rule, that amendments proposed at the second reading shall be twice read, and those proposed at the third reading thrice read; as also all amendments from the other House. Town., col. 19, 23, 24, 25, 26, 27, 28. |
Sec. 497. Amendments before the third reading. | It is with great and almost invincible reluctance that amendments are admitted at this reading, which occasion erasures or interlineations. Sometimes a proviso has been cut off from a bill; sometimes erased. 9 Grey, 513. |
Sec. 498. Debate in relation to the third reading. | At this reading the bill is debated afresh, and for the most part is more spoken to at this time than on any of the former readings. Hakew., 153. |
Sec. 499. Putting the question on the passage of a bill. | When the debate is ended, the Speaker, holding the bill in his hand, puts the question for its passage, by saying, ``Gentlemen, all you who are of opinion that this bill shall pass, say aye;'' and after the answer of the ayes, ``All those of the contrary opinion, say no.'' Hakew., 154. |
Sec. 501. Division of the House after determination by sound. | The affirmative and negative of the question having been both put and answered, the Speaker declares whether the yeas or nays have it by the sound, if he be himself satisfied, and it stands as the judgment of the House. But if he be not himself satisfied which voice is the greater, or if before any other Member comes into the House, or before any new motion made (for it is too late after that), any Member shall arise and declare himself dissatisfied with the Speaker's decision, then the Speaker is to divide the House. Scob., 24; 2 Hats., 140. |
Sec. 502. Parliamentary provisions as to division, not applicable in the House. | When the House of Commons is divided, the one party goes forth, and the other remains in the House. This has made it important which go forth and which remain; because the latter gain all the indolent, the indifferent, and inattentive. Their general rule, therefore, is that those who give their vote for the preservation of the orders of the House shall stay in, and those who are for introducing any new matter or alteration, or proceeding contrary to the established course, are to go out. But this rule is subject to many exceptions and modifications. 2 Hats., 134; 1 Rush., p. 3, fol. 92; Scob., 43, 52; Co., 12, 116; D'Ewes, 505, col. 1; Mem. in Hakew., 25, 29. |
Sec. 504. Voting by yeas and nays. | When it is proposed to take the vote by yeas and nays, the President or Speaker states that ``the question is whether, e.g., the bill shall pass--that it is proposed that the yeas and nays shall be entered on the journal. Those, therefore, who desire it will rise.'' If he finds and declares that one- fifth have risen, he then states that ``those who are of opinion that the bill shall pass are to answer in the affirmative; those of the contrary opinion in the negative.'' The Clerk then calls over the names alphabetically, notes the yea or nay of each, and gives the list to the President or Speaker, who |
Sec. 505. Parliamentary law as to giving of votes. | In the House of Commons every member must give his vote the one way or the other, Scob., 24, as it is not permitted to anyone to withdraw who is in the House when the question is put, nor is anyone to be told in the division who was not in when the question was put. 2 Hats., 140. |
Sec. 506. Movements of Members during voting. | While the House is telling, no member may speak or move out of his place, for if any mistake be suspected it must be told again. Mem. in Hakew., 26; 2 Hats., 143. |
Sec. 507. Decisions of points of order during a division. | If any difficulty arises in point of order during the division, the Speaker is to decide peremptorily, subject to the future censure of the House if irregular. He sometimes permits old experienced members to assist him with their advice, which they do sitting in their seats, covered, to avoid the appearance of debate; but this can only be with the Speaker's leave, else the division might last several hours. 2 Hats., 143. |
Sec. 508. Decision by voice of majority; and tie votes. | The voice of the majority decides; for the lex majoris partis is the law of all councils, elections, &c., where not otherwise expressly provided. Hakew., 93. |
Sec. 509. Twothirds votes. | The House of Representatives, however, requires a two-thirds vote on a motion to suspend the rules (clause 1 of rule XV), on a motion to dispense with Calendar Wednesday (clause 6 of rule XV), on a motion to dispense with the call of the Private Calendar on the first Tuesday of each month (clause 5 of rule XV), and to consider a special rule immediately (clause 6 of rule XIII), and the Constitution of the United States requires two-thirds votes for the expulsion of a Member, passing vetoed bills, removing political disabilities, and passing joint resolutions proposing amendments to the Constitution.- |
Sec. 509a. Threefifths votes. | The standing rules also require a three-fifths vote for passage or adoption of a bill, a joint resolution, an amendment thereto, or a conference report thereon, if carrying a Federal income tax rate increase (clause 5(b) of rule XXI). |
Sec. 510. Business suspended by the failure of a quorum. | When from counting the House on a division it appears that there is not a quorum, the matter continues exactly in the state in which it was before the division, and must be resumed at that point on any future day. 2 Hats., 126. |
Sec. 511. Change of a vote. | 1606, May 1, on a question whether a Member having said yea may afterwards sit and change his opinion, a precedent |
Sec. 512. Amendments to the title of a bill. | After the bill has passed, and not before, the title may be amended, and is to be fixed by a question; and the bill is then sent to the other House. |
Sec. 513. Early Senate practice as to reconsideration. | 1798, Jan. A bill on its second reading being amended, and on the question whether it shall be read a third time negatived, was restored by a decision to reconsider that question. Here the votes of negative and reconsideration, like positive and negative quantities in equation, destroy one another, and are as if they were expunged from the journals. Consequently the bill is open for amendment, just so far as it was the moment preceding the question for the third reading; that is to say, all parts of the bill are open for amendment except those on which votes have been already taken in its present stage. So, also, it may be recommitted. |
Sec. 514. Parliamentary law as to reconsideration. | In Parliament a question once carried can not be questioned again at the same session, but must stand as the judgment of the House. Towns., col. 67; Mem. in Hakew., 33. * * * |
Sec. 515. A bill once rejected not to be brought up again at the same session. | * * * And a bill once rejected, another of the same substance can not be brought in again the same session. Hakew., 158; 6 Grey, 392. But this does not extend to prevent putting the same question in different stages of a bill, because every stage of a bill submits the whole and every part of it to the opinion of the House as open for amendment, either by insertion or omission, though the same amendment has been accepted or rejected in a former stage. So in reports of committees, e.g., report of an address, the same question is before the House, and open for free discussion. Towns., col. 26; 2 Hats., 98, 100, 101. So |
Sec. 516. Expedients for changing the effect of bills once passed. | Divers expedients are used to correct the effects of this rule, as, by passing an explanatory act, if anything has been omitted or ill expressed, 3 Hats., 278, or an act to enforce and make more effectual an act, &c., or to rectify mistakes in an act, &c., or a committee on one bill may be instructed to receive a clause to rectify the mistakes of another. Thus, June 24, 1685, a clause was inserted in a bill for rectifying a mistake committed by a clerk in engrossing a bill of supply. 2 Hats., 194, 6. Or the session may be closed for one, two, three, or more days and a new one commenced. But then all matters depending must be finished, or they fall, and are to begin |
Sec. 517. Exceptions to the rule against bringing up a matter once rejected. | And in cases of the last magnitude this rule has not been so strictly and verbally observed as to stop indispensable proceedings altogether. 2 Hats., 92, 98. Thus when the address on the preliminaries of peace in 1782 had been lost by a majority of one, on account of the importance of the question and smallness of the majority, the same question in substance, though with some words not in the first, and which might change the opinion of some Members, was brought on again and carried, as the motives for it were thought to outweigh the objection of form. 2 Hats, 99, 100. |
Sec. 518. Passage of supplementary bills. | A second bill may be passed to continue an act of the same session or to enlarge the time limited for its execution. 2 Hats., 95, 98. This is not in contradiction to the first act. |
Sec. 520. Requests for information from the other House. | When bills passed in one House and sent to the other are ground on special facts requiring proof, it is usual, either by message or at a conference, to ask the grounds and evidence, and this evidence, whether arising out of papers or from the examination of witnesses, is immediately communicated. 3 Hats., 48. |
Sec. 521. Parliamentary principles as to disagreeing, insisting, and adhering. | When either House, e.g., the House of Commons, send a bill to the other, the other may pass it with amendments. The regular progression in this case is, that the Commons disagree to the amendment; the Lords insist on it; the Commons insist on their disagreement; the Lords adhere to their amendment; the Commons adhere to their disagreement. The term of insisting may be repeated as often as they choose to keep the question open. But the first adherence by either renders it necessary for the other to recede or adhere also; when the matter is usually suffered to fall. 10 Grey, 148. Latterly, however, there are instances of their having gone to a second adherence. There must be an absolute conclusion of the subject somewhere, or otherwise trans |
Sec. 522. Insisting and adhering in the practice of the House. | Where both Houses insist and neither ask a conference nor recede, the bill fails (V, 6228). Where both Houses adhere, the bill fails (V, 6163, 6313, 6324, 6325) even though the difference may be over a very slight amendment (V, 6233-6240). In rare instances in Congress there have been immediate adherences on the first disagreement (V, 6303); but this does not preclude the granting of the request of the other House for a conference (V, 6241-6244). Sometimes the House recedes from its disagreement as to certain amendments and adheres as to others (V, 6229). A House having adhered may at the next stage vote to further adhere (V, 6251). Sometimes the House has receded from adherence (V, 6252, 6401) or reconsidered its action of adherence (V, 6253), after which it has agreed to the amendment with or without amendment (V, 6253, 6401). |
Sec. 523. Parliamentary law as to receding. | Either House may recede from its amendment and agree to the bill; or recede from their disagreement to the amendment, and agree to the same absolutely, or with an amendment; for here the disagreement and receding destroy one another, and the subject |
Sec. 524. Practice of the House as to receding from its own amendment to a bill of the other House. | In the practice of the two Houses of Congress the motion is to recede from the amendment without at the same time agreeing to the bill, for the bill has already been passed with the amendment, and receding from the amendment leaves the bill passed (V, 6312). But where the House has previously concurred in a Senate amendment with an amendment, the House does not by receding from its amendment agree to the Senate amendment, since the House may then (1) concur in the Senate amendment or (2) concur in the Senate amendment with another amendment (VIII, 3199; Oct. 12, 1977, pp. 33448-54). The House may not through one motion, however, recede from its amendment with an amendment (V, 6212; see Sec. 526, infra). A motion in the House to recede from a House amendment to a Senate amendment, and concur in the Senate amendment, is divisible (VIII, 3199). One House has receded from its own amendment after the other House had returned it concurred in with an amendment (V, 6226). However, this has been held insufficient to pass the bill without further action by the House that concurred with an amendment (VIII, 3177; June 26, 1984, p. 18733). |
Sec. 525. Practice of the House as to receding from disagreement to amendment of the other House. | By receding from its disagreement to an amendment of the Senate the House does not thereby agree to it (V, 6215); but the Senate amendment is then open to amendment precisely as before the original disagreement (V, 6212-6214). The stage of disagreement having been reached, the motion to recede and concur takes precedence of the motion to recede and concur with an amendment (V, 6219-6223; VIII, 3198, 3200, 3202); but a motion to recede and concur is divisible (VIII, 3199) and being divided and the House having receded, a motion to amend has precedence of the motion to concur (V, 6209-6211; VIII, 3198), even after the previous question is ordered on both motions before being divided (Feb. 12, 1923, p. 3512). |
Sec. 526. One House not to recede from its own amendment with an amendment; or depart from form fixed by adherence. | But the House can not recede from or insist on its own amendment, with an amendment; for the same reason that it can not send to the other House an amendment to its own act after it has passed the act. They may modify an amendment from the other House by ingrafting an amendment on it, because they have never assented to it; but they can not amend their own amendment, because they have, on the question, passed it in that form. 9 Grey, 363; 10 Grey, 240. In Senate, March 29, 1798. Nor where one House has adhered to their amendment, and the other agrees with an amendment, can the first House depart from the form which they have fixed by an adherence. |
Sec. 527. Text to which both Houses have agreed not to be changed. | * * * So the Commons resolved that it is unparliamentary to strike out, at a conference, anything in a bill which hath been agreed and passed by both Houses, 6 Grey, 274; 1 Chand., 312. |
Sec. 528a. Consideration of Senate or House amendments. | When Senate amendments are before the House for the first time, or when the Senate has returned a bill with House amendments to which it has disagreed (and on which the House has not insisted), no privileged motion is in order in the House except a motion pursuant to clause 1 of rule XXII, made by direction of the committee with subject-matter jurisdiction, to disagree to the Senate amendments or insist on the House amendment and request or agree to a conference with the Senate (see Oct. 11, 1984, p. 32308). Other motions to dispose of amendments between the Houses are not privileged until the stage of disagreement has been reached on a bill with amendments of the other House (clause 4 of rule XXII; IV, 3149, 3150; VI, 756; VIII, 3185, 3194). The stage of disagreement is not reached until the House has either disagreed to Senate amendments or has insisted on its own amendments to a Senate bill, and has notified the Senate. Further House action can only occur when the House has received the papers back from the Senate (Sept. 16, 1976, p. 30868). |
Sec. 528b. Precedence of motions before the stage of disagreement. | Should the House consider Senate amendments before the stage of disagreement, the precedence of nonprivileged motions is as follows (disregarding the privileged motion to disagree and send to conference by direction of the committee): (1) to concur with amendment; (2) to concur; (3) to disagree and request or agree to a conference; and (4) to disagree. With respect to consideration of House amendments before the stage of disagreement, the precedence of motions is (1) to recede; (2) to insist and request or agree to a conference; and (3) to insist. While the House may adhere, adherence is seldom utilized (since it precludes a conference unless receded from) and is extremely rare on first disagreement (see Sec. 522, supra; see also the discussion of adherence in Deschler-Brown, ch. 32, Sec. 12). A motion to adhere is the least privileged motion. |
Sec. 528c. Reaching the stage of disagreement. | The House has reached the stage of disagreement on a bill when it is again in possession of the papers thereon, having previously disagreed to Senate amendments or insisted on House amendments (with or without requesting or agreeing to a conference). Only previous insistence or disagreement by the House itself places the House in disagreement (and not merely disagreement, insistence, or amendment by the Senate). For example, where the House has concurred in a Senate amendment to a House bill with |
Sec. 528d. Precedence of motions after the stage of disagreement. | Generally, after the stage of disagreement has been reached on a Senate amendment, the precedence of motions is as follows: (1) to recede and concur; (2) to recede and concur with an amendment or amendments; (3) to insist on disagreement and request a (further) conference; (4) to insist on disagreement; and (5) to adhere. The Chair may examine the substance of a pending motion to determine the precedence thereof in relation to another motion, even though in form it may appear preferential. Thus, a proper motion to concur with an amendment to a Senate amendment reported from conference in disagreement (the House having receded) has been offered and voted on before a pending motion drafted as one to concur with an amendment but in actual effect a motion to insist on disagreement to the Senate amendment, because simply reinserting the original House text without change (Deschler-Brown, ch. 31, Sec. 8.12). The ordinary motion to table under clause 4 of rule XVI may be applied to a Senate amendment but carries the bill to the table. When applied to a motion to dispose of a Senate amendment, the motion to table carries to the table only the motion to dispose and not the amendment or bill (see Deschler-Brown, |
Sec. 529. Degree of amendments between the Houses. | A bill originating in one House is passed by the other with an amendment. The originating House agrees to their amendment with an amendment. The other may agree to their amendment with an amendment, that being only in the 2d and not the 3d degree; for, as to the amending House, the first amendment with which they passed the bill is a part of its text. |
Sec. 530. Parliamentary law as to asking conferences. | It is on the occasion of amendments between the Houses that conferences are usually asked; but they may be asked in all cases of difference of opinion between the two Houses on matters depending between them. The request of a conference, however, must always be by the House which is possessed of the papers. 3 Hats., 31; 1 Grey, 425. |
Sec. 531. Conferences over matters other than differences as to amendments. | While conferences between the two Houses of Congress are usually held over differences as to amendments to bills, occasionally differences arise as to the respective prerogatives of the Houses (II, 1485-1495) or as to matters of procedures (V, 6401), as in impeachment proceedings (III, 2304), which are referred to conference. In early and exceptional instances conferences have been asked as to legislative matters when no propositions relating thereto were pending (V, 6255-6257). |
Sec. 532. Conferences by means of select committees. | In very rare cases, also, the Houses interchange views and come to conclusions by means of select committees appointed on the part of each House (I, 3). Thus, in 1821, a joint committee was chosen to consider and report to the two Houses whether or not it was expedient to provide for the admission of Missouri into the Union (IV, 4471), and in 1877 similar committees were appointed to devise a method for counting the electoral vote (III, 1953). |
Sec. 533. Requests for conferences. | The parliamentary law provides that the request for a conference must always be by the House that is in possession of the papers (V, 8254). It was formerly the more regular practice for the House disagreeing to amendments of the other to leave the asking of a conference to that other House if it should decide to insist (V, 6278-6285, 6324); but it is so usual in the later practice for the House disagreeing to an amendment of the other to ask a conference that an omission to do so has even raised a question (V, 6273). Yet it cannot be said that the practice requires a request for a conference to be made by the House disagreeing to the amendments of the other (V, 6274-6277). One House having asked a conference at one session, the other House may agree to the conference at the next session of the same Congress (V, 6286). |
Sec. 534. Requests for conferences declined or neglected. | In rare instances one House has declined the request of the other for a conference (V, 6313-6315; Mar. 20, 1951, p. 2683), sometimes accompanying it by adherence (V, 6313, 6315). In one instance, where the Senate declined a conference, it transmitted, by message, its reasons for so doing (V, 6313). Sometimes, also, one House disregards the request of the other for a conference and recedes from its disagreement, thereby rendering a conference unnecessary (V, 6316-6318). And in one case, where one House has asked a conference to which the other has assented, the asking House receded before the conference took place (V, 6319). Also, a bill returned to the House with a request for a conference has been postponed indefinitely (V, 6199). |
Sec. 535. Motions to request conferences. | After the stage of disagreement has been reached, a motion to ask a conference is considered as distinct from motions to agree or disagree to amendments of the other House (V, 6268) and the motions to agree, recede, or insist are considered as preferential (V, 6269, 6270). Where a motion to request |
Sec. 536. Managers of conferences. | While usual, it is not essential that one House, in asking a conference, transmit the names of its managers at the same time (V, 6405). The managers, properly so called (V, 6335), constitute practically two distinct committees, each of which acts by a majority (V, 6334). The Speaker appoints the managers on the part of the House (clause 11 of rule I) and has discretion as to the number to serve on a given bill (V, 6336; VIII, 2193) but must appoint (1) a majority of Members who generally support the House position, as determined by the Speaker; (2) Members who are primarily responsible for the legislation; and (3) to the fullest extent feasible the principal proponents of the major provisions of the bill as it passed the House (clause 11 of rule I). While the practice used to be to appoint three managers from each house (V, 6336), in the absence of joint rules each House may appoint whatever number it sees fit (V, 6328- 6330). The two Houses have frequently appointed a disparate number of managers (V, 6331-6333; VIII, 3221); and where the Senate appointed nine and the House but three, a motion to instruct the Speaker to appoint a greater number of managers on the part of the House was held out of order (VII, 2193). In appointing managers the Speaker usually consults the Member in charge of the bill (V, 6336); and where an amendment in disagreement falls within the jurisdiction of two committees of the House, the Speaker has named Members from both committees and specified the respective areas on which they were to confer (Speaker Albert, Nov. 30, 1971, p. 43422). In appointing conferees on the general appropriation bill for fiscal year 1951, Speaker Rayburn appointed a set of managers for each chapter of the bill and four Members to sit on all chapters (Aug. 7, 1950, p. 11894). While the appointment of conferees, both as to their number and composition, is within the |
Sec. 537. Reappointment of, at second and subsequent conferences. | Where there were several conferences on a bill, it was the early practice to change the managers at each conference (V, 6288-6291, 6324), and so fixed was this practice that their reappointment had a special significance, indicating an unyielding temper (V, 6352-6368); but in the later practice it is the rule to reappoint managers (V, 6341- 6344) unless a change be necessary to enable the sentiment of the House to be represented (V, 6369). |
Sec. 538. Vacancies, etc., in managers of conferences. | Managers of a conference are excused from service either by authority of the House (V, 6373-6376; VIII, 3224, 3227) or, since the 103d Congress, by removal by the Speaker (clause 11 of rule I). The absence of a manager may cause a vacancy, which the Speaker fills by appointment (V, 6372; VIII, 3228). Where one House makes a change in its managers, it informs the other House, by message (V, 6377, 6378). According to the later practice the powers of managers who have not reported do not expire by reason of the termination of a session of Congress, unless it be the last session (V, 6260-6262). |
Sec. 539. Parliamentary law as to free and simple conferences. | Conferences may be either simple or free. At a conference simply, written reasons are prepared by the House asking it, and they are read and delivered, without debate, to the managers of the other House at the conference, but are not then to be answered. 4 Grey, 144. The other House then, if satisfied, vote the reasons satisfactory, or say nothing; if not satisfied they resolve then not satisfactory and ask a conference on the subject of the last conference, where they read and deliver, in like manner, written answer to those reasons. 3 Grey, 183. They are meant chiefly to |
Sec. 540. Free and simple conferences in modern practice. | This provision of the parliamentary law bears little relation to the modern practice of the two Houses of Congress, and that practice has evolved a new definition: ``A free conference is that which leaves the committee of conference entirely free to pass upon any subject where the two branches have disagreed in their votes, not, however, including any action upon any subject where there has been a concurrent vote of both branches. A simple conference--perhaps it should more properly be termed a strict or a specific conference, though the parliamentary term is `simple'--is that which confines the committee of conference to the specific instructions of the body appointing it'' (V, 6403). And where the House had asked a free conference it was held not in order to instruct the managers (V, 6384). But it is very rare for the House in asking a conference to specify whether it shall be free or simple. |
Sec. 541. Instruction of managers of a conference. | In their practices as to the instruction of managers of a conference, the House and the Senate do not agree. Only in rare instances has the Senate instructed (V, 6398), and these instances are at variance with its declaration, made after full consideration, that managers may not be instructed (V, 6397). And where the House has instructed its managers, the Senate sometimes has declined to participate and asked a free conference (V, 6402-6404). In the later practice the House does not inform the Senate when it instructs its managers (V, 6399), the Senate having objected to the transmittal of instructions by message (V, 6400, 6401). In one instance where the Senate learned indirectly that the House had instructed its managers, it declared that the conference should be full and free, and instructed its own managers to withdraw if they should find the freedom of the conference impaired (V, 6406). But the House holds to the opinion that the House may instruct its managers (V, 6379-6382), although the propriety of doing so at a first conference has been questioned (V, 6388, footnote). And in rare instances where a free conference is asked instruction is not in order (V, 6384). At a new conference the instructions of a former conference are not in force (V, 6383; VIII, 3240). And instructions may not |
Sec. 542. Parliamentary law as to reports of managers of a conference. | * * * And each party report in writing to their respective Houses the substance of what is said on both sides, and it is entered in their journals. 9 Grey, 220; 3 Hats; 280. This report can not be |
Sec. 543. Forms of conference reports. | In the two Houses of Congress conference reports were originally merely suggestions for action and were neither identical in the two Houses nor acted on as a whole (V, 6468-6471). In the House clause 7(a) of rule XXII provides that conference reports may be received at any time, except when the Journal is being read, while the roll is being called, or the House is dividing. They are privileged on or after the third calendar day (excluding Saturdays, Sundays, or legal holidays) after they have been filed and printed in the Record, together with the accompanying statement (clause 8 of rule XXII). The early reports were not signed by the managers (IV, 3905); but in the later practice the signatures of the majority of the managers of each House is required (V, 6497-6502; VIII, 3295). Sometimes a manager indorses the report with a conditional approval or dissent (V, 6489-6496, 6538). However, signatures with conditions are not counted toward a majority (Nov. 18, 1991, p. 32689. Supplemental reports or minority views may not be filed in connection with conference reports (VIII, 3302). The name of an absent manager may not be affixed, but the two Houses by concurrent action may authorize him to sign the report after it has been acted on (V, 6488). The minority portion of the managers of a conference have no authority to make either a written or verbal report concerning the conference (V, 6406). In the later practice reports of managers are identical, and made in duplicate for the two Houses, the House managers signing first the report for their House and the Senate managers signing the other report first (V, 6323, 6426, 6499, 6500, 6504). Under certain circumstances managers may report an entirely new bill on a subject in disagreement, but this bill is acted on as part of the report (V, 6465-6467; see also clause 9 of rule XXII). A quorum among the managers on the part of the House at a committee of conference is established by their signatures on the conference report and joint explanatory statement (Oct. 4, 1994, p. 27662). |
Sec. 544. Partial conference reports. | Managers may report an agreement as to a portion of the numbered amendments in disagreement, leaving the remainder to be disposed of by subsequent action (V, 6460- 6464). Where a Senate amendment to the title of a House bill was in conference, but inadvertently omitted from the conference report, the House adopted the report, and, by unanimous consent, insisted on its disagreement to the putatively reported amendment and agreed to a concurrent resolution that deemed the conference report to have ``resolved all disagreements'' (Oct. 10, 2002, p. 20333). |
Sec. 545. Reports of inability to agree. | Where managers of a conference are unable to agree, or where a report is disagreed to in either House, another conference is usually asked (V, 6288-6291). When managers report that they have been unable to agree, the report is not acted on by the House (V, 6562; VIII, 3329; Aug. 23, 1957, p. 15816). While |
Sec. 546. Managers restricted to the disagreements of the two Houses. | The managers of a conference must confine themselves to the differences committed to them (V, 6417, 6418; VIII, 3252, 3255, 3282), and may not include subjects not within the disagreements (V, 6407, 6408; VIII, 3253-3255, 3260, 3282, 3284), even though germane to a question in issue (V, 6419; VIII, 3256; Speaker Albert, Dec. 20, 1974, p. 41849). But they may perfect amendments committed to them if they do not in so doing go beyond the differences (V, 6409, 6413). Thus, where an amendment providing an appropriation to construct a road had been disagreed to, it was held in order to report a provision to provide for a survey for the road (V, 6425). Managers may not change the text to which both Houses have agreed (V, 6417, 6418, 6420, 6433-6436). But where the amendment in issue strikes out all of the bill after the enacting clause and substitutes a new text, the managers have the whole subject before them and may exercise a broad discretion as to details (V, 6424; VIII, 3266), and may even report an entirely new bill on the subject (V, 6421, 6423; VIII, 3248, 3263, 3265, 3276; Sec. 1088, infra). Where the amendment in disagreement proposes a substitute differing greatly from the House provision they may eliminate the entire subject matter (Speaker Gillett, Sept. 14, 1922, p. 12598). |
Sec. 547. Remedy where managers exceed their authority. | In the House the Speaker may rule out a conference report if it be shown that the managers have exceeded their authority (V, 6409-6416; VIII, 3256; Oct. 4, 1962, p. 22332; Nov. 14, 2002, pp. 22408, 22409). In the House points of order against reports are made or reserved after the report is read and before the reading of the statement (V, 6424, 6441; VIII, 3282, 3284, 3285, 3287), or consideration begins (V, 6903-6905; VIII, 3286), and comes too late after the report has been agreed to (V, 6442); and in case the statement is read in lieu of the report the point of order must be made or reserved before the statement is read (VIII, 3256, 3265, 3285, 3288, 3289). Where clause 8(c) of rule XXII applies, points of order must be made before debate begins on the report (Nov. 14, 2002, p. 22408). |
Sec. 548. Meeting and action of managers. | The managers of a conference may not report before the other House is notified of their appointment and a meeting is held (V, 6458). Conferences are generally held in the Capitol, and formerly with closed doors, although in rare instances Members and others were admitted to make arguments (V, 6254, footnote, 6263). Clause 12 of rule XXII now provides for at least one open conference meetings except where the House determines by record vote that all or part of the meeting may be closed to the public. The same rule now provides for a point of order in the House against the report and for an automatic request for a new conference if the House managers fail to meet in open session following appointment of the Senate conferees (Dec. 20, 1982, p. 32896). For a discussion of open conference meetings, see Sec. 1093, infra. Rarely, also, papers in the nature of petitions have been referred to managers (V, 6263). The managers of the two Houses vote separately (V, 6336). Clause 12(a)(3) of rule XXII provides additional statements on the meetings, discussions, and signatures of House managers. Clause 13 of rule XXII provides a point of order against consideration of a conference report that differs in a non-clerical manner from the version placed before the House managers for signature. |
Sec. 549. Action on a conference report in the two Houses. | The report of the managers of a conference goes first to one House and then to the other, neither House acting until it is in possession of the papers, which means the original bill and amendments, as well as the report (V, 6322, 6518-6522, 6586; VIII, 3301). The report must be acted on as a whole, being agreed to or disagreed to as an entirety (V, 6472- 6480, 6530-6533; VIII, 3304, 3305; Speaker Bankhead, Aug. 22, 1940, p. 10763; Speaker Albert, Nov. 10, 1971, p. 40481); and until the report has been acted on no motion to deal with the individual amendments is in order (V, 6323, 6389, 6390; Speaker Rayburn, Mar. 16, 1942, pp. 2502- 04). Under a special order of business recommended by the Committee on Rules, the House has considered a single, indivisible motion to adopt not only a conference report but also sundry motions to dispose of amendments reported |
Sec. 550. Motions in order during action on a conference report. | When a conference report is presented, the question on agreeing is regarded as pending (V, 6517; VIII, 3300), and as the negative of it is equivalent to disagreement, the motion to disagree is not admitted (II, 1473; V, 6517; VIII, 3300). The reading of the amendments to which the report relates is not in order during its consideration (V, 5298). The report may not be amended on motion made in either House alone (V, 6534, 6535; VIII, 3306), but amendment is sometimes made by concurrent action of the two Houses (V, 6536, 6537; VIII, 3308). A motion to refer to a standing committee (V, 6558) or to lay on the table is not entertained in the House (V, 6538-6544); and a conference report may not be sent to Committee of the Whole on suggestion that it contains matter ordinarily requiring consideration in that committee (V, 6559-6561). It is in order on motion to recommit a conference report if the other body, by action on the report, have not discharged their managers (V, 6545-6553, 6609; VIII, 3310), and by concurrent resolution a report may be recommitted to conference after each House has acted thereon (VIII, 3316), but such a proposition would not be privileged in the House (V, 6554-6557; VIII, 3309). |
Sec. 551. Effect of disagreement to a conference report. | When either House disagrees to a conference report the matter is left in the position it was in before the conference was asked (V, 6525), and the amendments in disagreement come up for further action (II, 1473), but do not return to the state they were in before disagreement, so that they need not be considered in Committee of the Whole (V, 6589). Motions for disposition of Senate amendments, sending to conference and instruction of conferees, are again in order (VIII, 3303). However, if a conference report |
Sec. 552. Custody of papers when a conference is asked before disagreement. | A conference may be asked, before the House asking it has come to a resolution of disagreement, insisting or adhering. 3 Hats., 269, 341. In which case the papers are not left with the other conferees, but are brought back to the foundation of the vote to be given. And this is the most reasonable and respectful proceeding; for, as was urged by the Lords on a particular occasion, ``it is held vain, and below the wisdom of Parliament, to reason or argue against fixed resolutions, and upon terms of impossibility to persuade.'' 3 Hats., 226. * * * |
Sec. 553. Relations of adherence and conference under the parliamentary law. | * * * So the Commons say, ``an adherence is never delivered at a free conference, which implies debate.'' 10 Grey, 137. And on another occasion the Lords made it an objection that the Commons had asked a free conference after they had made resolutions of adhering. It was then affirmed, however, on the part of the Commons that nothing was more parliamentary than to proceed with free conferences after adhering, 3 Hats., 269, and we do in fact see instances of conference, or of free conference, asked after the resolution of disagreeing, 3 Hats., 251, 253, 260, |
Sec. 554. Relations of adherence and conference under the practice of the two Houses of Congress. | The two Houses not observing the parliamentary distinctions as to free and other conferences, their practice in case of adherence is also different. Conferences are not asked after an adherence by both Houses, but have often been asked and granted where only one House has adhered (V, 6241-6244). A vote to adhere may not be accompanied by a request for a conference (V, 6303; VIII, 3208), as the House that votes to adhere does not ask a conference (V, 6304-6308). The request for a conference in such a case is properly accompanied by a motion to insist (V, 6308). And the House that has adhered may insist on its adherence when it agrees to the conference (V, 6251). But it is not considered necessary either to recede or insist before agreeing to the conference (V, 6242, 6244, 6310, 6311). |
Sec. 555. Custody of the papers after an effective conference. | * * * And in all cases of conference asked after a vote of disagreement, &c., the conferees of the House asking it are to leave the papers with the conferees of the other; and in one case where they refused to receive them they were left on the table in the conference chamber. Ib., 271, 317, 323, 354; 10 Grey, 146. |
Sec. 556. Custody of papers when managers of a conference fail to agree. | Where a conference breaks up without reaching any agreement the managers for the House that requested the conference, who have the papers by right, are justified in retaining them and carrying them back to the House (IV, 3905, footnote; V, 6246, 6254, 6571-6584; VIII, 3332). And in one case wherein under such circumstances the papers were taken back to the Senate, which was the body agreeing to the conference, the Senate after consideration sent them to the House, since it seemed proper for the asking House to take the first action (V, 6573). But sometimes managers have brought the papers to the agreeing House without question (V, 6239, footnote; July 14, 1988, p. 18411). |
Sec. 557. Free or instructed conferences. | After a free conference the usage is to proceed with free conferences and not to return again to a conference. 3 Hats., 270; 9 Grey, 229. |
Sec. 558. Parliamentary law as to purposes for which conferences may be held. | When a conference is asked, the subject of it must be expressed or the conference not agreed to. Ord. H. Com., 89; 1 Grey, 425; 7 Grey, 31. They are sometimes asked to inquire concerning an offense or default of a member of the other House. 6 Grey, 181; 1 Chand., 304. Or the failure of the other House to present to the King a bill passed by both Houses. 8 Grey, 302. Or on information received and relating to the safety of the nation. 10 Grey, 171. Or when the methods of Parliament are thought by the one House to have been departed from by the other a conference is asked to come to a right understanding thereon. 10 Grey, 148. So when an unparliamentary message has been sent, instead of answering it they ask a conference. 3 Grey, 155. Formerly an ad |
Sec. 562. Reception of messages during voting, in absence of a quorum, etc. | In Senate the messengers are introduced in any state of business, except: 1. While a question is being put. 2. While the yeas and nays are being called. 3. While the ballots are being counted. The first case is short; the second and third are |
Sec. 563. Informal rising of Committee of the Whole to receive a message. |
In the House, as in Parliament, if the House be in
committee when a messenger attends, the Speaker takes the chair to
receive the message, and then quits it to return into committee without
any question or interruption. 4 Grey, 226.
< |
Sec. 565. Correction and return of messages. | If messengers commit an error in delivering their message, they may be admitted or called in to correct their message. 4 Grey, 41. Accordingly, March 13, 1800, the Senate having made two amendments to a bill from the House, their Secretary, by mistake, delivered one only, which being inadmissible by itself, that House disagreed, and notified the Senate of their disagreement. This produced a discovery of the mistake. The Secretary was sent to the other House to correct his mistake, the |
Sec. 566. Disposal of messages after reception. | As soon as the messenger who has brought bills from the other House has retired, the Speaker holds the bills in his hand; and acquaints the House ``that the other House have by their messenger sent certain bills,'' and then reads their titles, and delivers them to the Clerk to be safely kept |
Sec. 567. Information by message as to bills passed. | It is not the usage for one House to inform the other by what numbers a bill is passed. 10 Grey, 150. Yet they have sometimes recommended a bill, as of great importance, to the consideration of the House to which it is sent. 3 Hats., 25. * * * |
Sec. 568. Information by message as to rejection of bills. | * * * Nor when they have rejected a bill from the other House, do they give notice of it; but it passes sub silentio, to prevent unbecoming altercations. 1 Blackst., 183. |
Sec. 569. Questions asked by conference, not by message. | A question is never asked by the one House of the other by way of message, but only at a conference; for this is an interrogatory, not a message. 3 Grey, 151, 181. |
Sec. 570. Messages as to neglected bills. | When a bill is sent by one House to the other, and is neglected, they may send a message to remind them of it. 3 Hats., 25; 5 Grey, 154. But if it be mere inattention, it is better to have it done informally by communication between the Speakers or Members of the two Houses. |
Sec. 571. Messages from the President to the two Houses. | Where the subject of a message is of a nature that it can properly be communicated to both Houses of Parliament, it is expected that this communication should be made to both on the same day. But where a message was accompanied with an original declaration, signed by the party to which the message referred, its being sent to one House was not noticed by the other, because the declaration being original, could not possibly be sent to both Houses at the same time. 2 Hats., 260, 261, 262. |
Sec. 572. Parliamentary law as to presenting a bill for the King's assent. | The House which has received a bill and passed it may present it for the King's assent, and ought to do it, though they have not by message notified to the other their passage of it. Yet the notifying by message is a form which ought to be observed between the two Houses from motives of respect and good understanding. 2 Hats., 242. Were the bill to be withheld from being presented to the King, it would be an infringement of the rules of Parliament. Ib. |
Sec. 573. Parliamentary law as to enrollment of bills. | When a bill has passed both Houses of Congress, the House last acting on it notifies its passage to the other, and delivers the bill to the Joint Committee on Enrollment, who sees that it is truly enrolled in parchment. When the bill is enrolled it is not to be written in paragraphs, but solidly, and all of a piece, that the blanks between the paragraphs may not give room for forgery. 9 Grey, 143. * * * |
Sec. 574. Practice of the two Houses of Congress as to enrollment of bills. | Formerly the enrollment in the House and the Senate was in writing (IV, 3436, 3437); but in 1893 the two Houses, by concurrent resolution, provided that bills should be enrolled on parchment by printing instead of by writing, and also that the engrossment of bills before sending them to the other House for action should be in printing (IV, 3433), and in 1895 this concurrent resolution was approved by statute (IV, 3435; 1 U.S.C. 106). In the last six days of a session of Congress the two Houses, by concurrent resolution, may permit the enrolling and engrossing to be done by hand (IV, 3435, 3438; H. Con. Res. 436, Dec. 20, 1982, p. 32875; H. Con. Res. 375, Oct. 11, 1984, p. 32149), and such a |
Sec. 575. Signing of enrolled bills for presentation to the President. | * * * It is then put into the hands of the Clerk of the House to have it signed by the Speaker. The Clerk then brings it by way of message to the Senate to be signed by their President. The Secretary of the Senate returns it to the Committee of Enrollment, who present it to the President of the United States. * * * |
Sec. 576. Authority of pro tempore presiding officers to sign enrolled bills. | A Speaker pro tempore elected by the House (II, 1401), or whose designation has received the approval of the House (II, 1404; VI, 277), signs enrolled bills (see clause 4 of rule I); but a Member merely called to the chair during the day (II, 1399, 1400; VI, 276), or designated in writing by the Speaker, does not exercise this function (II, 1401). |
Sec. 577. Presentation of enrolled bills to the President. | In early days a joint committee took enrolled bills to the President (IV, 3432); but in the later practice the chairman of the committee in each House that had responsibility for the enrollment of bills also had the responsibility of presenting the bills from that House, and submitted from his committee daily a report of the bills presented for entry in the Journal (IV, 3431). In the 107th Congress the responsibility in the House for enrolled bills was transferred from the Committee on House Administration to the Clerk (sec. 2(b), H. Res. 5, Jan. 3, 2001, p. 25). Enrolled bills pending at the close of a session have, at the next session of the same Congress, been ordered to be treated as if no adjournment had taken place (IV, 3487-3488). Enrolled bills signed by the presiding officers at one session have been sent to the President and approved at the next session of the same Congress (IV, 3486). At the close of the 97th Congress, some enrollments were presented to the President, and were signed by him, after the convening of the 98th Congress. |
Sec. 578. Obsolete provisions as to entry of motions in the journal. | If a question is interrupted by a vote to adjourn, or to proceed to the orders of the day, the original question is never printed in the journal, it never having been a vote, nor introductory to any vote; but when suppressed by the previous question, the first question must be stated, in order to introduce and make intelligible the second. 2 Hats., 83. |
Sec. 579. Journal entries of questions postponed or laid on the table. | So also when a question is postponed, adjourned, or laid on the table, the original question, though not yet a vote, must be expressed in the journals, because it makes part of the vote of postponement, adjourning, or laying it on the table. |
Sec. 580. Entry of amendments in the Journal. | Where amendments are made to a question, those amendments are not printed in the journals, separated from the question; but only the question as finally agreed to by the House. The rule of entering in the journals only what the House has agreed to, is founded in great prudence and good sense, as there may be many questions proposed which it may be improper to publish to the world in the form in which they are made. 2 Hats., 85. |
Sec. 581. Entry of votes in journal of the House of Commons. | In the practice of the House a motion to amend is entered on the Journal as any other motion, under clause 1 of rule XVI. * * * * * The first order for printing the votes of the House of Commons was October 30, 1685. 1 Chandler, 387. |
Sec. 582. The Journal as an official record. | Some judges have been of opinion that the journals of the House of Commons are no records, but only remembrances. But this is not law. Hob., 110, 111; Lex. Parl., 114, 115; Jour. H. C., Mar. 17, 1592; Hale, Parl., 105. For the Lords in their House have power of judicature, the Commons in their House have power of judicature, and both |
Sec. 583. Correction of the Journal through a committee. | On information of a misentry or omission of an entry in the journal, a committee may be appointed to examine and rectify it, and report it to the House. 2 Hats., 194, 195. |
Sec. 584. Parliamentary law as to adjournment of the Commons and Lords. | The two Houses of Parliament have the sole, separate, and independent power of adjourning each their respective Houses. The King has no authority to adjourn them; he can only signify his desire, and it is in the wisdom and prudence of either |
Sec. 585. Motion to adjourn not to be amended. | A motion to adjourn, simply cannot be amended, as by adding ``to a particular day;'' but must be put simply ``that this House do now adjourn;'' and if carried in the affirmative, it is adjourned to the next sitting day, unless it has come to a previous resolution, ``that at its rising it will adjourn to a particular day,'' and then the House is adjourned to that day. 2 Hats., 82. |
Sec. 586. Motion for a recess. | Where it is convenient that the business of the House be suspended for a short time, as for a conference presently to be held, &c., it adjourns during pleasure; 2 Hats., 305; or for a quarter of an hour. 4 Grey, 331. |
Sec. 587. Adjournment pronounced by the Speaker. | If a question be put for adjournment, it is no adjournment till the Speaker pronounces it. 5 Grey, 137. And from courtesy and respect, no member leaves his place till the Speaker has passed on. |
Sec. 588. Sessions of Parliament. | Parliament have three modes of separation, to wit: by adjournment, by prorogation or dissolution by the King, or by the efflux of the term for which they were elected. Prorogation or dissolution constitutes there what is called a session; provided some act was passed. In this case all matters depending before them are discontinued, and at their next meeting are to be taken up de novo, if taken up at all. 1 Blackst., 186. Adjournment, which is by themselves, is no more than a continuance of the session from one day to another, of for a fortnight, a month, &c., ad libitum. All matters depending remain in statu quo, and when they meet again, be the term ever so distant, are resumed, without any fresh commencement, at the point at which they were left. 1 Lev., 165; Lex. |
Sec. 589. Sitting of committees in recesses and creation of commissions to sit after Congress adjourns. | Committees may be appointed to sit during a recess by adjournment, but not by prorogation. 5 Grey, 374; 9 Grey, 350; 1 Chandler, 50. Neither House can continue any portion of itself in any parliamentary function beyond the end of the session without the consent of the other two branches. When done, it is by a bill constituting them commissioners for the particular purpose. |
Sec. 590. Sessions and recesses of Congress. | Congress separate in two ways only, to wit, by adjournment, or dissolution by the efflux of their time. What, then, constitutes a session with them? A dissolution certainly closes one session, and the meeting of the new Congress begins another. The Constitution authorizes the President, ``on extraordinary occasions to convene both Houses, or either of |
Sec. 591. Manner of closing a session by action of the two Houses. | * * * In other cases it is declared by the joint vote authorizing the President of the Senate and the Speaker to close the session on a fixed day, which is usually in the following form: ``Resolved by the Senate and House of Representatives, that the President of the Senate and the Speaker of the House of Representatives be authorized to close the present session by adjourning their respective Houses on the ---- day of ----.'' |
Sec. 592. Parliamentary law as to business at the termination of a session. | When it was said above that all matters depending before Parliament were discontinued by the determination of the session, it was not meant for judiciary cases depending before the House of Lords, such as impeachments, appeals, and writs of error. These stand continued, of course, to the next session. Raym., 120, 381; Ruffh. Fac., L. D., Parliament. |
Sec. 593. General nature of treaties. | Treaties are legislative acts. A treaty is the law of the land. It differs from other laws only as it must have the consent of a foreign nation, being but a contract |
Sec. 594. Jefferson's discussion of treaties under the Constitution. | By the Constitution of the United States this department of legislation is confined to two branches only of the ordinary legislature--the President originating and the Senate having a negative. To what subjects this power extends has not been defined in detail by the Constitution; nor are we entirely agreed among ourselves. 1. It is admitted that it must concern the foreign nation party to the contract, or it would be a mere nullity, res inter alias acta. 2. By the general power to make treaties, the Constitution must have intended to comprehend only those subjects which are usually regulated by treaty, and can not be other |
Sec. 595. General action of the House as to treaties. | The participation of the House in the treaty-making power has been often examined since Jefferson's Manual was written. The House has in several instances taken action in carrying into effect, terminating, enforcing, and suggesting treaties (II, 1502-1505, 1520-1522), although sometimes the propriety of requesting the executive to negotiate a treaty has been questioned (II, 1514-1517). |
Sec. 596. Authority of the House as to treaties in general. | The exact authority of the House in the making of general treaties has been the subject of differences of opinion. In 1796 the House affirmed that, when a treaty related to subjects within the power of Congress, it was the constitutional duty of the House to deliberate on the expediency of |
Sec. 597. Authority of the House as to revenue treaties. | After long and careful consideration the Judiciary Committee of the House decided, in 1887, that the executive branch of the Government might not conclude a treaty affecting the revenue without the assent of the House (II, 1528-1530), and a Senate committee after examination concluded that duties were more properly regulated with the publicity of congressional action than by treaties negotiated by the President and ratified by the Senate in secrecy (II, 1532). In practice the House has acted on revenue treaties (II, 1531, 1533); and in 1880 it declared the negotiation of a revenue treaty an invasion of its prerogatives (II, 1524). At other times the subject has been discussed (II, 1525-1528, 1531, 1533). |
Sec. 598. House approves Indian treaties. | After long discussion the House, in 1871, successfully asserted its right to a voice in approving Indian treaties (II, 1535, 1536), although in earlier times this prerogative had been jealously guarded by the executive (II, 1534). |
Sec. 599. Treaties abrogated by law. | Treaties being declared, equally with the laws of the United States, to be the supreme law of the land, it is understood that an act of the legislature alone can declare them infringed and rescinded. This was accordingly the process adopted in the case of France in 1798. |
Sec. 600. Procedure of the Senate as to treaties. | It has been the usage for the Executive, when it communicates a treaty to the Senate for their ratification, to communicate also the correspondence of the negotiators. This having been omitted in the case of the Prussian treaty, was asked by a vote of the House of February 12, 1800, and was obtained. And in December, 1800, the convention of that year between the United States and France, with the report of the negotiations by the envoys, but not their instructions, being laid before the Senate, the instructions were asked for and communicated by the President. |