Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress-Section XXXIII.Privileged Questions

[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 214-218]
[From the U.S. Government Printing Office, www.gpo.gov]

SEC. XXXIII.--PRIVILEGED QUESTIONS.

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.

In the House of Representatives, by rule and practice the system of
privileged motions and privileged questions has been highly developed
(rule IX, clause 4 of rule XI, clause 4 of rule XVI, and clause 1 of
rule XXIV).

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.

[[Page 215]]
tween a vote by division and a vote by yeas and nays, as after the yeas
and nays are ordered and before the roll call begins (V, 5366). But
after the roll call begins it may not be interrupted (V, 6053). Clause 4
of rule XVI was amended in the 93d Congress to provide that a motion
that when the House adjourns on that day it stand adjourned to meet at a
day and time certain is of equal privilege with the motion to adjourn,
if the Speaker in his discretion recognizes for that purpose (H. Res. 6,
pp. 26-27). In the 102d Congress the motion to authorize the Speaker to
declare a recess was given an equal privilege (H. Res. 5, Jan. 3, 1991,
p. ----).
The rules and practice of the House of Representatives have prescribed
comprehensively the privilege and status of the motion to adjourn
(clause 4 of rule XVI). The motion intervenes between the putting of the
question and the voting, and also between the different methods of
voting, as be

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
can not be taken away but by another special order.

[[Page 216]]

``Orders of the day'' are part of the regular and daily order of
business (IV, 3151). Although a mention of them has survived in clause 1
of rule XXIV, ``orders of the day'' have disappeared from the practice
of the House (IV, 3057) and should not be confused with ``special
orders,'' which are resolutions reported from the Committee on Rules
pursuant to clause 4 of rule XI to provide for consideration of matters
not regularly in order. The term ``special orders'' is also used
separately to describe permissions for Members to address the House at
the conclusion of legislative business.

Sec. 441. Jefferson's discussion of certain privileged
motions.

After these there are other privileged questions, which will
require considerable explanation.

It is proper that every parliamentary assembly should have certain
forms of questions, so adapted as to enable them fitly to dispose of
every proposition which can be made to them. Such are: 1. The previous
question. 2. To postpone indefinitely. 3. To adjourn a question to a
definite day. 4. To lie on the table. 5. To commit. 6. To amend. The
proper occasion for each of these questions should be understood.

The House of Representatives by clause 4 of rule XVI has established
the priority and other conditions of motions of this kind.

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.

The previous question of the parliamentary law has been changed by the
House of Representatives into an instrument of entirely different use
(V, 5445; rule XVII).

[[Page 217]]

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.

As already explained, in the House of Representatives the previous
question is no longer used as a method of postponement (V, 5445) but a
means to bring the pending matter to an immediate vote. The House does
use the motion to postpone indefinitely, and in clause 4 of rule XVI and
the practice thereunder, has defined the nature and use of the motion.

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 pressing claims the present time, the question or debate
is adjourned to such a day within the session as will answer the views
of the House. 2 Hats., 81. And those who have spoken before may not
speak again when the adjourned debate is resumed. 2 Hats., 73.
Sometimes, however, this has been abusively used by adjourning it to a
day beyond the session, to get rid of it altogether as would be done by
an indefinite postponement.

The House of Representatives does not use the motion to adjourn a
debate. But it accomplishes the purpose of such a procedure by the
motion to postpone to a day certain, which applies, not to a debate, but
to the bill or other proposition before the House. Of course, if a bill
which is under debate is postponed, the effect is to postpone the
debate. The conditions and use of the motion are treated under clause 4
of rule XVI.

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.

[[Page 218]]
a matter of privilege (V, 5438, 5439) such as bills vetoed by the
President (IV, 3549; V, 5439). A proposition to impeach having been laid
on the table, a similar or identical proposition may be again brought up
(III, 2049; VI, 541).

This is the use of the motion to lay on the table which is established
in the general parliamentary law, and was followed in the early practice
of the House of Representatives. But by an interesting evolution in the
House the motion has now come to serve an entirely new purpose, being
used for the final, adverse disposition of a matter (clause 4 of rule
XVI; V, 5389). And a matter once laid on the table may be taken
therefrom only by suspension of the rules (V, 6288) or similar process,
unless it be

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.

6. But if the proposition be well digested, and may need but few and
simple amendments, and especially if these be of leading consequence,
they then proceed to consider and amend it themselves.

In the House of Representatives it is a general rule that all business
goes to committees before receiving consideration in the House itself.
Occasionally a question of privilege or a minor matter of business is
presented and considered at once by the House.

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: