[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress] [104th Congress] [House Document 103-342] [Jeffersons Manual of ParliamentaryPractice] [Pages 249-255] [From the U.S. Government Printing Office, www.gpo.gov] SEC. XLI.--DIVISION OF THE HOUSE. [[Page 250]] decision, then the Speaker is to divide the House. Scob., 24; 2 Hats., 140.
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 |
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 declares the result. In the Senate if there be an equal division the Secretary calls on the Vice-President and notes his affirmative or negative, which becomes the decision of the House. |
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. But if the House be equally divided, semper presuamtur pro negante; that is, the former law is not to be changed but by a majority. Towns., col. 134. |
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 XXVII), on a motion to dispense with Calendar Wednesday (clause 7 of rule XXIV), on a motion to dispense with the call of the Private Calendar on the first Tuesday of each month (clause 6 of rule XXIV), and to consider a special rule immediately (clause 4(b) of rule XI), 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 resolutions proposing amendments to the Constitution. |
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 was remembered by the Speaker, of Mr. Morris, attorney of the wards, in 39 Eliz., who in like case changed his opinion. Mem. in Hakew., 27. |