[Deschler's Precedents]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:52093c01_txt-4]
[Page 11-25]
CHAPTER 1
Assembly of Congress
A. MEETING AND ORGANIZATION
Sec. 3. Time of Meeting
The Constitution requires that the Congress assemble at least once
a year on either the date specified by the Constitution--January 3--or
on a date appointed by the Congress.<SUP>(2)</SUP> Since
[[Page 12]]
the First Congress, the Senate and House have frequently provided by
law for a convening date different than that designated by the
Constitution: by resolution of the Continental Congress the first
session of the First Congress convened on Mar. 4, 1789,<SUP>(3)</SUP>
up to and including May 20, 1820, 18 acts were passed altering the
constitutional day;<SUP>(4)</SUP> between 1820 and 1934 Congress met
regularly for a new session on the first Monday in
December.<SUP>(5)</SUP> Since January of 1934 the Congress has convened
pursuant to the twentieth amendment, requiring the Congress to meet on
the third day of January unless otherwise provided.
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2. U.S. Const. art. I, Sec. 4, clause 2, providing for annual assembly
on the first Monday in December, was superseded by the
twentieth amendment, ratified Feb. 6, 1933, requiring in
section 2 that Congress assemble on the third day of January,
unless otherwise provided.
Laws appointing a different day for assembling since
ratification of the twentieth amendment, see House Rules and
Manual Sec. 279 (1973) (comment). Time of convening for a
session, see Everett S. Brown, The Time of Meetings of
Congress, American Political Science Review 955-960 (Nov.
1931).
3. 1 Hinds' Precedents Sec. 3; 8 Cannon's Precedents Sec. 3371.
4. 8 Cannon's Precedents Sec. 3371.
5. 8 Cannon's Precedents Sec. 3371.
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The twentieth amendment is not the only law relating to the time of
meeting. Not only the Congress, but also the President has
constitutional authority to convene the Congress earlier than on the
constitutional day;<SUP>(6)</SUP> in addition, the twenty-fifth
amendment to the Constitution requires Congress to assemble to
determine the President's ability, when challenged, to discharge the
powers and duties of his office,<SUP>(7)</SUP> and section 15 of title
III, United States Code, appoints the sixth day of January for the
count of the electoral vote by the Senate and the House of
Representatives.<SUP>(8)</SUP>
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6. U.S. Const., art. II, Sec. 3. The President has often convened the
Congress, and on one occasion reassembled Congress on a day
earlier than Congress itself had provided for. 1 Hinds'
Precedents Sec. Sec. 2, 10-12. Congress provided in the
concurrent resolution adjourning sine die the 1st session of
the 93d Congress (H. Con. Res. 412) that the leadership could
call the Houses back into session.
7. Ratified Feb. 23, 1967.
8. On at least one occasion Congress has changed the date for the
electoral count. Act of Mar. 24, 1956, Ch. 92, 70 Stat. 54. For
the procedure of the count, see Ch. 10, infra.
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The constitutional provisions relating to the time of meeting and
to the annual assembly were construed by early Congresses to permit
them to convene early, either by resolution or by proclamation,
and then to continue the same
[[Page 13]]
session up to and beyond the day
appointed by the Constitution for annual assembly.<SUP>(9)</SUP> The
ambiguity of that construction and the extension of power over the time
of meeting to the President led to the current practice under which an
existing session necessarily terminates with the day appointed by the
Constitution for the regular annual session.<SUP>(10)</SUP>
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9. The majority of the first 15 Congresses held only two legislative
sessions. 1 Hinds' Precedents Sec. Sec. 5-11; see also 8
Cannon's Precedents Sec. 3371, describing the first instance
where four sessions were convened.
10 2 Hinds' Precedents Sec. 1160; 5 Hinds' Precedents Sec. 6690; 8
Cannon's Precedents Sec. 3375. See Sec. 2.4, supra.
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Since the adoption of the twentieth amendment, Congress has met
either on Jan. 3 or shortly thereafter, maintaining two sessions per
Congress with the exception of the 75th and 76th.<SUP>(11)</SUP> In the
event that Congress adjourns sine die and the President convenes an
extraordinary session, an entirely new session is begun, and is
terminated by the arrival of the constitutional day.<SUP>(12)</SUP>
Where, however, the President convenes Congress while adjourned to a
day certain, the existing session is maintained; no longer is the
presidentially-convened session necessarily an extra or additional
one.<SUP>(13)</SUP>
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11. A second session of the 75th Congress was convened by the President
on Nov. 15, 1937, between the sine die adjournment of the first
session and the convening of the third session on the
constitutional day, Jan. 3, 1938. 82 Cong. Rec. 7, 75th Cong.
2d Sess. The second session of the 76th Congress was convened
in like manner on Sept. 21, 1939. 85 Cong. Rec. 7, 76th Cong.
2d Sess. See Sec. 2.1, supra.
12. 2 Hinds' Precedents Sec. 1160; 5 Hinds' Precedents Sec. 6690.
13. Ashley v Keith Oil Corporation, 7 F.R.D. 589 (D. Mass. 1947) held
that the first session of the 80th Congress was not terminated
by a Presidential proclamation convening Congress while
adjourned to a day certain, where the Congress itself had
construed the reconvention as a continuation of the first
session and where the Presidential proclamation did not refer
to an extra or additional session. (The issue before the court
was the effective date of amendments to the Rules of Civil
Procedure, to become law three months after the termination of
the first regular session of Congress.) Ashley departed from
the early view expressed in Jefferson's Manual (House Rules and
Manual Sec. 588 [1973]) that the convening of Congress by the
President automatically begins a new session, a theory formerly
propounded in the House. 1 Hinds' Precedents Sec. 12.
See also the remarks in the Senate of Sen. Alexander Wiley.
(Wis.) on the Ashley issue, 93 Cong. Rec. 10575, 10576, 80th
Cong. 1st Sess., Nov. 17, 1947, and a Library of Congress
memorandum inserted by him in the Record at 10576, concluding
that the Congress was reconvening pursuant to the Presidential
proclamation to resume the first regular session.
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[[Page 14]]
The opening date of the First Congress operated to fix not only the
start of a session, but also the beginning of the terms of the Members
of the House and of the Senate; thus the term of Congress began on the
fourth of March of odd numbered years and extended through two
years.<SUP>(14)</SUP> Under the twentieth amendment, however, the terms
of the Members begin on January 3 of the odd-numbered years, regardless
of an alternate convening date.<SUP>(15)</SUP>
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14. A joint committee of the First Congress determined that under the
resolution of the Continental Congress and under art. I,
Sec. 2, clause 1, of the U.S. Constitution, the terms of
Representatives and Senators of the first class commenced on
the fourth of March, to terminate with the third of March of
the odd-numbered years. 1 Hinds' Precedents Sec. 3. That
construction was followed until the adoption of the twentieth
amendment. See the act of Jan. 22, 1867, Ch. 10, Sec. 1, 14
Stat. 378, cited at 1 Hinds' Precedents Sec. 11.
15. Section 1 of the twentieth amendment. The amendment was ratified on
Feb. 6, 1933. For commentary, see House Rules and Manual Sec. 6
(1973). See also 2 USC Sec. 34 (salary begins for
Representatives-elect at beginning of term, even if before
Congress assembles).
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In addition to the authority of Congress to set the convening date
of a session or of a new Congress, each House has plenary power over
the time of its meetings during the session. By simple day-to-day
adjournment, the House meets on the next following day, with the usual
exclusion of Saturday and Sunday;<SUP>(16)</SUP> similarly, an
adjournment to a day certain fixes the next meeting day of the House.
If the time of meeting has not been previously set by either a standing
order or by a resolution, the simple resolution to adjourn may be
amended to set the convening time.<SUP>(17)</SUP>
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16. The House may provide for Sunday sessions, although Sunday is a
dies non in the regular practice of the House. 5 Hinds'
Precedents Sec. Sec. 6728-32, 7245.
17. 5 Hinds' Precedents Sec. Sec. 5360-63. For adjournments for a
specified time and adjournments for a specified purpose, see
Ch. 40, infra.
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By a new procedure adopted at the opening of the 93d
Congress,<SUP>(18)</SUP> a privileged and non-debatable motion may be
made at any time to provide for adjournment to a day and time
certain.<SUP>(19)</SUP> On some occasions, particularly
[[Page 15]]
when the Senate does not acquiesce in
the request of the House for an adjournment for more than three days,
the House may provide that meetings be held only on specified days of
the week, often for merely pro forma sessions without transaction of
legislative business.<SUP>(20)</SUP>
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18. 119 Cong. Rec. 26, 27, 93d Cong. 1st Sess., Jan. 3, 1973.
19. Rule XVI clause 4, House Rules and Manual Sec. 782 (1973).
20. 5 Hinds' Precedents Sec. 6675; 8 Cannon's Precedents Sec. 3369.
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Any proposition relating to the days on which the House shall sit
is within the jurisdiction of the Committee on Rules;<SUP>(1)</SUP> the
Committee on the Judiciary considers proposed bills to change the
convening date of Congress or to amend the constitutional provisions as
to the time of meeting.<SUP>(2)</SUP>
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1. 4 Hinds' Precedents Sec. 4325; see also Rule XI, House Rules and
Manual Sec. 715, and comment thereto, Sec. 717 (1973).
2. Rule XI clause 13, House Rules and Manual Sec. Sec. 707, 708
(1973); 4 Hinds' Precedents Sec. 4077. Formerly, proposed
constitutional changes as to the terms of Congress and as to
the time of annual meetings were considered by the Committee on
the Election of the President, Vice President, and
Representatives in Congress. 7 Cannon's Precedents 2026.
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On the opening day of a new Congress, or on the opening day of a
new session of an existing Congress, the House meets at 12 o'clock
meridian time. That hour of meeting, a practice dating from 1816, has
come to have the force of common law.<SUP>(3)</SUP>
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3. 1 Hinds' Precedents Sec. Sec. 4, 210.
In 1784 the first order of the House fixing the time of
meeting provided that the House meet at 9 in the morning,
adjourn at 2 in the afternoon, meet again at 4 o'clock p.m.,
and adjourn at 8 o'clock p.m. in the evening. Beginning with
the Eighth Congress, a standing order was adopted for the daily
hour of meeting, and since 1816 the hour has been fixed at 12
o'clock meridian. For the history of the hour of daily meeting,
see the remarks of Mr. George A. Dondero (Mich.), on Mar. 4,
1946, 92 Cong Rec. 1855, 79th Cong. 2d Sess. See also 1 Hinds'
Precedents Sec. Sec. 4, 6, and 10.
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On the opening day of a new Congress, one of the first steps in
organization is the adoption of a standing order fixing the hours of
daily meeting for the remainder of the session;<SUP>(4)</SUP> that
order expires with the termination of the first session, and a new
order must be adopted at the beginning of each new session of the same
Congress.<SUP>(5)</SUP> While a motion to adjourn does not usually fix
the hour of the next meeting, it may so fix the hour where no standing
order has yet been adopted.<SUP>(6)</SUP> In early Congresses, a motion
to change the
[[Page 16]]
hour of daily meeting was made at any
time as a privileged motion;<SUP>(7)</SUP> later rulings characterized
the resolution fixing the hour as a standing order rather than as a
rule.<SUP>(8)</SUP> The new section of Rule XVI clause 4, provides for
a privileged motion to adjourn, subject to majority vote, which may fix
the day and hour to which the House may adjourn.<SUP>(9)</SUP> In
current practice, a resolution to fix the hour of meeting or to change
the hour of meeting is offered by the Committee on Rules<SUP>(10)</SUP>
(the committee may also provide for the convening of daily sessions at
a specific hour while a certain bill is under
consideration).<SUP>(11)</SUP>
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4. 1 Hinds' Precedents Sec. 104; see also House Rules and Manual
Sec. 6 (1973) (comment).
5. 1 Hinds' Precedents Sec. Sec. 104-109.
6. 5 Hinds' Precedents Sec. Sec. 5362-63.
7. 1 Hinds' Precedents Sec. Sec. 110-112.
8. 1 Hinds' Precedents Sec. Sec. 110, 113-116.
9. See House Rules and Manual Sec. 182 (1973). For debate on the
measure when first proposed, see 119 Cong. Rec. 26, 27, 93d
Cong. 1st Sess., Jan. 3, 1973.
For the former practice, requiring unanimous consent to
change the hour of meeting, see Sec. 3.11, infra. If the
Committee of the Whole is sitting when the time for the daily
meeting of the House arises, the Committee and not the Chairman
decides whether the Committee will rise. 5 Hinds' Precedents
Sec. 6736.
10. 4 Hinds' Precedents Sec. 4325.
11. Where a special order so provides, the House meets at the specific
hour only on days when consideration of the bill is in order. 7
Cannon's Precedents Sec. 763.
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The exercise by the House of its formal rule-making power over the
time of meeting is strictly construed.<SUP>(12)</SUP> In this regard,
the leadership of the House has extensive informal authority over the
time of meeting during a session sub
ject to approval by the House itself. For example, the leadership
[[Page 17]]
may propose, in advance, the time of each adjournment to a day certain
for the entire session,<SUP>(13)</SUP> and may propose times for
ceremonies, joint sessions, and joint meetings, whose scheduled dates
are announced to the Members by the Speaker or by the Majority Leader
or whip. (Such assemblies must be distinguished from regular meetings
to conduct legislative business; the House usually stands in recess for
attendance at joint meetings and ceremonies.)<SUP>(14)</SUP> The House
on occasion authorizes the Speaker or the congressional leadership to
determine the date on which a meeting shall be held. Likewise,
authority may be vested in the Speaker to designate a date on which the
regular routine of the House should be resumed.<SUP>(15)</SUP>
Similarly, a resolution of adjournment to a day certain or a sine die
adjournment resolution may provide that the congressional leaders may
recall the Congress, on a date earlier than that adjourned to, when in
their opinion legislative expediency warrants such
action.<SUP>(16)</SUP>
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12. A general rule of statutory construction is that the acts of a
legislature meeting at an unauthorized time may be invalidated.
Sutherland, Statutes and Statutory Construction Sec. 401 (3d
ed. 1943). Federal courts do not, however, question the
regularity of the proceedings of Congress as a general rule.
Barry v U.S. ex rel Cunningham, 279 U.S. 597, 619 (1929);
Yellin v U.S., 374 U.S. 109, 146 (1963).
The Senate has on occasion met in regular session more than
once on the same day. 91 Cong. Rec. 5470, 79th Cong. 1st Sess.,
June 4, 1945. (A quorum having failed at the noon session, the
Senate adjourned, to await the arrival of absentees, until 2:30
p.m., when a new session began.) See 5 Hinds' Precedents
Sec. 6724 for a similar instance, in the House, occurring in
1793.
In one instance, the Senate met at an earlier hour than
that provided for at adjournment, adopted a resolution, and
then met at the hour to which it had originally adjourned to
ratify the earlier ultra vires action. 109 Cong. Rec. 22697-99,
88th Cong. 1st Sess., Nov. 25, 1963. (The Senate amended the
previous adjournment resolution in order to authorize the
earlier meeting.)
13. See, e.g., announcement of Majority Leader Carl Albert (Okla.) on
Jan. 9, 1969, 115 Cong. Rec. 368, 91st Cong. 1st Sess.
14. For procedure in relation to joint meetings, see Ch. 35 and 36,
infra. For ceremonial procedure, see Ch. 36, infra.
15. The House may require the giving of notice, issued by the Clerk,
for resuming regular business. 8 Cannon's Precedents Sec. 3369.
16. 5 Hinds' Precedents Sec. 6686. For a sine die adjournment
resolution containing such a provision, see H. Con. Res. 412.
On one occasion, the congressional leadership has exercised
authority with respect to a joint resolution changing the
meeting day of a new Congress; the resolution was pocket vetoed
by the President at the request of the leaders, since the date
provided for conflicted with the constitutionally required day
for the count of the electoral vote. The veto message, alluding
to the request of the congressional leadership, appears at 102
Cong. Rec. 15152, 84th Cong. 2d Sess., July 27, 1956. (The
message was dated Aug. 8, 1956.)
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Setting the Hour or Date of Meeting; Preliminary Matters
Sec. 3.1 When the legislative day of the House extends beyond the
calendar day, the House then adjourns to meet at noon of the same
calendar day on which it has adjourned, unless otherwise provided.
On Dec. 9, 1970,<SUP>(17)</SUP> Mr. Wilbur C. Daniel, of Virginia,
moved that the House adjourn. The House agreed to the motion at 1 o'clock
[[Page 18]]
and 3 minutes a.m., Thursday, Dec. 10, 1970, and adjourned to 12 o'clock
noon on Dec. 10.
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17. 116 Cong. Rec. 40803, 91st Cong. 2d Sess.
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Sec. 3.2 Enactment of a joint resolution changing the convening date of
the second session of Congress does not affect the status of
pending legislative matters of the first session.
On Dec. 19, 1945,<SUP>(18)</SUP> Mr. John W. McCormack, of
Massachusetts, asked for immediate consideration of a joint resolution
convening the second session of Congress on Jan. 14, 1946. After some
debate on the request, Mr. John H. Folger, of Georgia, arose to state a
parliamentary inquiry:
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18. 91 Cong. Rec. 12346, 79th Cong. 1st Sess.
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Mr. Folger: I have a discharge petition on the desk, No. 10, in
which I am very, very much interested. I have no objection to this
adjournment until the 14th unless I have to go back and get that
signed anew. Will that carry over?
The Speaker:<SUP>(1)</SUP> It will carry over.
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1. Sam Rayburn (Tex.).
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Mr. Folger: If it will I am all right.
The Speaker: Everything remains on the calendar just as it is
now.
Sec. 3.3 The Speaker may take the floor to ask unanimous consent that
the House meet at an early hour on the following day.
On Sept. 11, 1968,<SUP>(2)</SUP> Speaker John W. McCormack, of
Massachusetts, took the floor to state a unanimous-consent request:
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2. 114 Cong. Rec. 26488, 90th Cong. 2d Sess.
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Mr. McCormack: Mr. Speaker,<SUP>(3)</SUP> I ask unanimous
consent that when the House adjourns today it adjourn to meet
tomorrow at 11 a.m.
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3. Mr. Daniel D. Rostenkowski (Ill.) was the Speaker pro tempore.
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The Speaker Pro Tempore: Is there objection to the request of
the gentleman from Massachusetts?
There was no objection.
Sec. 3.4 The Congress provides by concurrent resolution for a joint
session to hear the President deliver a message in person.
On Jan. 3, 1936,<SUP>(4)</SUP> Speaker Joseph W. Byrns, of
Tennessee, laid the following Senate resolution before the House:
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4. 80 Cong. Rec. 9, 74th Cong. 2d Sess.
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Resolved by the Senate (the House of Representatives
concurring), That the two Houses of Congress assemble in the Hall
of the House of Representatives on Friday, the 3d day of January,
1936, at 9 o'clock p.m. for the purpose of receiving such
communications as the President of the United States shall be
pleased to make to them.
The House agreed to the resolution.
[[Page 19]]
Sec. 3.5 The House began convening under the twentieth amendment to the
Constitution with the 74th Congress.
On Jan. 3, 1935,<SUP>(5)</SUP> the Clerk of the House, South
Trimble, of Kentucky, addressed the opening session as follows:
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5. 79 Cong. Rec. 9, 74th Cong. 1st Sess.
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This is the first time in 146 years that an old Congress dies
and a new one is born on the 3d day of January.
Since the birth of the First Congress in 1789 this historical
event has taken place every two years on the 4th day of March.
Today we inaugurate the first session of the Seventy-fourth
Congress, convened under the provision of the twentieth amendment
of the Constitution of the United States.
Sec. 3.6 Any legal holiday, such as Christmas day,<SUP>(6)</SUP> is a
regular meeting day of the House of Representatives unless the
House adjourns over by unanimous consent (or by motion under Rule
XVI clause 4).
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6. 5 USC 87 (c); Executive Order 10358 of June 11, 1952.
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On Dec. 23, 1963,<SUP>(7)</SUP> in response to a parliamentary
inquiry by Mr. Charles A. Halleck, of Indiana, Speaker John W.
McCormack, of Massachusetts, ruled that unanimous consent was required
to adjourn over Christmas.
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7. 109 Cong. Rec. 25496, 88th Cong. 1st Sess.
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Resolutions to Set the Date of Meeting
Sec. 3.7 No concurrent resolution is necessary to authorize meetings of
Congress beyond the end of July where a continuing national
emergency prevents statutory adjournment under the Legislative
Reorganization Act of 1946.<SUP>(8)</SUP>
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8. Ch. 753, Sec. 132, 60 Stat. 812, as amended, Act of Oct. 26, 1970,
Pub. L. No. 91-510, Sec. 461, 84 Stat. 1140.
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On July 27, 1949,<SUP>(9)</SUP> Mr. Joseph W. Martin, Jr., of
Massachusetts, arose to state a parliamentary inquiry as to the
continuation of the session of Congress beyond July 31, 1949. Mr.
Martin stated that under Sec. 132 of the Legislative Reorganization Act
of 1946, the Congress could continue to legally meet through either the
passage of a concurrent resolution so providing or the proclaiming by
the President of a national emergency; he proposed that there was doubt
as to the actual continuation of the national emergencies declared by
the President on Sept.
8, 1939, and May 27, 1941. Speaker Sam Rayburn, of Texas, held
[[Page 20]]
that the national emergencies declared by the President on those dates were
still in existence, despite the cessation of actual hostilities. He
then ruled that it was not necessary to pass a concurrent resolution
for the continued meeting of Congress beyond the first of August.
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9. 95 Cong. Rec. 10290, 81st Cong. 1st Sess.
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Sec. 3.8 A joint resolution changing the convening date of a new
Congress may be amended, subsequent to passage, by passage of
another joint resolution substituting a newly agreed upon date.
On Dec. 14, 1942,<SUP>(10)</SUP> Mr. John W. McCormack, of
Massachusetts, addressed the Speaker<SUP>(11)</SUP> to ask for
immediate consideration of the following joint resolution:
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10. 88 Cong. Rec. 9518, 77th Cong. 2d Sess.
11. Sam Rayburn (Tex.).
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Resolved, etc., That the joint resolution entitled ``Joint
resolution fixing the dates of meeting of the second session of the
Seventy-seventh Congress and of the first session of the Seventy-
eighth Congress,'' approved January 2, 1942, is amended by striking
out ``Monday, January 4, 1943'' and inserting in lieu thereof
``Wednesday, January 6. 1943.''
The House agreed to the resolution.
Sec. 3.9 The Committee on Rules has jurisdiction to report a House
resolution providing for pro forma meetings on only specified days
of the week, for a certain period of time.
On Aug. 25, 1949,<SUP>(12)</SUP> Mr. Edward E. Cox, of Georgia, of
the Committee on Rules, submitted the following resolution:
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12. 95 Cong. Rec. 12287, 81st Cong. 1st Sess.
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Resolved, That until Wednesday, September 21, 1949, the House
shall meet only on Tuesday and Friday of each week unless otherwise
ordered.
The House agreed by a two-thirds vote to consider the resolution
the same day, and the resolution itself was then agreed to. Speaker Sam
Rayburn, of Texas, announced that no business would be transacted on
the Tuesday and Friday meetings provided for in the resolution. He also
alluded to the failure of the Senate to pass the concurrent resolution
seeking adjournment of the House until Sept. 21, which motivated the
House leadership to submit the resolution.
Fixing the Hour of Daily Meeting
Sec. 3.10 On the convening day of a new session of Congress a
simple House resolution establishes the daily hour of meeting.
[[Page 21]]
On Jan. 15, 1968,<SUP>(13)</SUP> Mr. Ray J. Madden, of Indiana,
offered the following resolution and asked for immediate consideration:
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13. 114 Cong. Rec. 8, 90th Cong. 2d Sess.
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Resolved, That until otherwise ordered, the daily hour of
meeting of the House of Representatives shall be at 12 o'clock
meridian.
The resolution was agreed to and a motion to reconsider was laid on the
table.
Sec. 3.11 Where the House met by standing order at noon, unanimous
consent was required to meet at a different hour, before the
adoption of rules changes by the 93d Congress authorizing a
privileged motion to adjourn to a time certain.
On Dec. 23, 1963,<SUP>(14)</SUP> after an announcement by the
Speaker<SUP>(15)</SUP> that funeral services would be held the next day
for a late Member of Congress, Mr. Thomas P. O'Neill, Jr., of
Massachusetts, arose to state a parliamentary inquiry:
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14. 109 Cong. Rec. 25498, 88th Cong. 1st Sess.
15. John W. McCormack (Mass.).
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Mr. O'Neill: Would it be in order to move that the House meet
forthwith when we adjourn today?
The Speaker: Will the gentleman advise the Chair what he means
by ``forthwith''?
Mr. O'Neill: When we adjourn we will have a new legislative
day. Can we then meet at the call of the Chair?
The Speaker: It would require unanimous consent to meet at any
hour other than 12 o'clock noon.
Mr. Carl Albert, of Oklahoma, then obtained unanimous consent to
address the House for one minute.
Mr. Albert: Mr. Speaker, of course any meeting of the House at
any hour for the consideration of this matter other than at 12
o'clock noon tomorrow would require unanimous consent, as I
understand it. May I inquire of the Speaker, so as to have the
matter official, would not any meeting of the House other than 12
o'clock noon tomorrow require unanimous consent?
The Speaker: The gentleman has made a correct statement.
On Jan. 3, 1973,<SUP>(16)</SUP> the House agreed to several
amendments to the rules of the 92d Congress, including the following:
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16. 119 Cong. Rec. 26, 27, 93d Cong. 1st Sess.
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In Rule XVI, insert at the end of clause 4 the following:
It shall be in order at any time during a day for the
Speaker, in his discretion, to entertain a motion that when the
House adjourns it stand adjourned to a day and time certain.
Such a motion shall be of equal privilege with the motion to
adjourn provided for in this clause and shall be determined
without debate.
Changing the Hour of Meeting
Sec. 3.12 The House may agree by unanimous consent to meet,
[[Page 22]]
for the remainder of the week, at an hour earlier than that provided
for in the standing order of the hour of meeting.
On July 25, 1956,<SUP>(17)</SUP> Mr. John W. McCormack, of
Massachusetts, requested unanimous consent that for the balance of the
week the House meet at 10 o'clock a.m. when adjourning from day to day.
There was no objection.<SUP>(18)</SUP>
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17. 102 Cong. Rec. 14456, 84th Cong. 2d Sess.
18. Id.
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Sec. 3.13 The House may vacate, by unanimous consent, a previous order
that the House convene at an early hour on the following day.
On Sept. 1, 1965,<SUP>(19)</SUP> the House agreed to a unanimous-
consent request offered by Mr. Carl Albert, of Oklahoma, that the House
convene at 11 o'clock the following morning. Later on the same day Mr.
Albert addressed the Speaker<SUP>(20)</SUP> to request unanimous
consent to vacate the order providing for an earlier meeting on the
next day. There was no objection.
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19. 111 Cong. Rec. 22496, 89th Cong. 1st Sess.
20. John W. McCormack (Mass.).
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Parliamentarian's Note: The request to rescind the early order was
undertaken by the leadership because several committees had notified
the Speaker that conflicting committee sessions were scheduled for the
morning of the next day.
Sec. 3.14 A unanimous-consent request that the House meet at an earlier
hour is not entertained in the Committee of the Whole.
On Sept. 26, 1966,<SUP>(1)</SUP> following agreement on the limit
of debate for an appropriations bill to be considered the following
day, Mr. Sam M. Gibbons, of Florida, stated that the remaining question
was to obtain unanimous consent to convene at 11 o'clock the following
morning. The Chairman<SUP>(2)</SUP> responded:
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1. 112 Cong. Rec. 23785, 89th Cong. 2d Sess.
2. Jack Brooks (Tex.).
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As to any agreement as to when the House comes back tomorrow,
that will be settled, of course, when the Committee rises.
The Committee then rose and the House agreed by unanimous consent
to convene the following morning at 11 o'clock a.m.
Construction of ``Noon'' (Senate Decision)
Sec. 3.15 A standing order of the Senate providing for daily
[[Page 23]]
meeting at 12 o'clock meridian was construed to permit meeting at
12 o'clock noon when daylight savings time is in effect.
On Apr. 30, 1948,<SUP>(3)</SUP> Senator John H. Overton, of
Louisiana, arose to make the point of order that the Senate was not
legally in session, since the meeting was convened at 12 o'clock noon,
daylight savings time, and the Senate had formerly provided that the
hour of daily meeting be at 12 o'clock meridian unless otherwise
ordered. President pro tempore Arthur H. Vandenburg, of Michigan,
stated that the Senate had agreed to recess from Apr. 30, 1948, to May
3, 1948, to meet at 12 o'clock ``noon'', and not 12 o'clock
``meridian.'' The President pro tempore stated further:
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3. 94 Cong. Rec. 5167-68, 80th Cong. 2d Sess.
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Under such circumstances, the real question submitted to the
Chair is this: What is ``noon'' in the Senate when the District
Commissioners, acting under authority of a law passed by this
Congress, advance standard time by 1 hour by an order effective
yesterday; particularly when the District Commissioners are acting
under a law favorably acted upon by the Senate within the last 60
days which it itself asserts that when daylight-saving time is
established by the District Commissioners for the period for which
it is applicable, it shall ``be the standard time for the District
of Columbia.''
In the opinion of the Chair, Congress is bound by its own
legislation in this respect, and any statutes or rules must be read
in this interpretation. There is a vast body of precedent--as, for
example, when the Senate recognized so-called daylight-saving time
all through the first session of the present Eightieth Congress and
consistently fixed its meeting time as 12 o'clock noon instead of
12 o'clock meridian. In the opinion of the Chair, borne out by the
clocks in the Senate Chamber, it is now 12 o'clock noon, which is
the hour to which the Senate recessed.
The point of order is overruled.
Authorizing the Leadership to Reassemble Congress
Sec. 3.16 The two Houses may authorize, in the concurrent resolution to
adjourn to a day certain, that the Speaker of the House and the
President of the Senate, or the party leaders of both Houses,
convene the Houses on a date prior to that set in the resolution,
on the grounds of legislative expediency.
On July 8, 1943,<SUP>(4)</SUP> the House agreed to the following
resolution:
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4. 89 Cong. Rec. 7516, 78th Cong. 1st Sess.
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Resolved by the Senate (the House of Representatives
concurring), That when the two Houses adjourn on Thursday, July 8,
1943, they shall stand ad
[[Page 24]]
journed until 12 o'clock meridian on Tuesday, September 14, 1943,
or until 12 o'clock meridian on the third day after their
respective Members are notified to reassemble in accordance with
section 2 of this resolution, whichever event first occurs.
Sec. 2. The President of the Senate and the Speaker of the
House of Representatives shall notify the Members of the Senate and
House, respectively, to reassemble whenever in their opinion
legislative expediency shall warrant it or whenever the majority
leader of the Senate and the majority leader of the House, acting
jointly, or the minority leader of the Senate and the minority
leader of the House, acting jointly, file a written request with
the Secretary of the Senate and the Clerk of the House that the
Congress reassemble for the consideration of legislation.
Sec. 3.17 Form of announcement of congressional leaders calling for
reassembly of Congress on an earlier date than that to which it was
adjourned.
On Sept. 5, 1945,<SUP>(5)</SUP> the House met at 12 o'clock noon
and was called to order by Speaker Sam Rayburn, of Texas. After prayer
was offered and the Journal was read and approved, the Speaker laid
before the House the formal notification, sent to the Members of the
House on Sept. 1, 1945, of the reassembling of Congress:
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5. 91 Cong. Rec. 8320, 79th Cong. 1st Sess.
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In our opinion legislative expediency warrants the reassembly
of Congress and therefore, pursuant to the authority granted us by
House Concurrent Resolution 68, Seventy-ninth Congress, you are
hereby notified that Congress will reassemble in Washington at 12
o'clock meridian on Wednesday, September 5, 1945.
The notification was signed by the Speaker, the President pro
tempore of the Senate, and the Majority and Minority Leaders of both
Houses.
Leadership Authority Over Time of Joint Meetings
Sec. 3.18 The Majority Leader of the House may announce to the House
the time and the place of an informal joint meeting of the Members
of both Houses.
On May 23, 1950,<SUP>(6)</SUP> House Majority Leader John W.
McCormack, of Massachusetts, made the following announcement:
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6. 96 Cong. Rec. 7561, 81st Cong. 2d Sess.
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. . . On Wednesday [May 31, 1950], at the auditorium of the
Library of Congress, at 12:30 p.m., the Members of both Houses of
Congress, as on previous occasions when General Marshall has
addressed us, will have the opportunity and the pleasure of having
Secretary of State Acheson address us. . . . This will be a very
important talk. After the Secretary of State has finished his
remarks, Members will be in a position to and may ask him
questions.
[[Page 25]]
The House then granted unanimous consent for the Speaker pro
tempore<SUP>(7)</SUP> to declare a recess, subject to the call of the
Chair, on the scheduled date.
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7. James P. Priest (Tenn.).
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Sec. 3.19 By unanimous consent the House may authorize the Speaker, in
advance, to determine the date of the joint meeting to hear a
guest.
On Oct. 17, 1945,<SUP>(8)</SUP> Mr. Brooks Hays, of Arkansas, arose
to state a unanimous-consent request:
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8. 91 Cong. Rec. 9756, 79th Cong. 1st Sess.
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Mr. Speaker,<SUP>(9)</SUP> I have learned that Gen. Douglas
MacArthur will shortly return to this country. I am sure that all
the Members of the House will want to hear him address the
Congress. I therefore ask unanimous consent, having discussed the
matter with the Speaker and having consulted both the majority and
minority leaders, that it be in order for the Speaker to declare a
recess subject to the call of the Chair, at a date to be later
named, during which period a joint meeting shall be held in this
Chamber, at which time General MacArthur will address us.
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9. Sam Rayburn (Tex.).
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Mr. Hays later added that according to his request, the joint
meeting be held on a date agreeable to General MacArthur and to the
Speaker. There was no objection.