[Deschler's Precedents]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:52093c01_txt-2]
[Page 5-7]
CHAPTER 1
Assembly of Congress
A. MEETING AND ORGANIZATION
Sec. 1. In General; Law Governing
An understanding of the body of procedure through which the United
States House of Representatives fulfills its functions and exercises
its prerogatives must be based, in the beginning, on a comprehension of
how the Congress comes together, and of the methods through which it
arrives at an organizational structure and at a body of rules to govern
its proceedings.
This chapter is principally confined to the specific steps and
principles of procedure which apply to the initial organization of the
House of Representatives. The discussion is chronological, following
the progression which the House itself follows at organization.
Although this chapter focuses on circumstances indigenous to the
organization of a new Congress, parallels are drawn to the mode of
operation at the start of new sessions during a term of Congress as
well.
This chapter discusses the general law which governs the House as
soon as it has come together, but before organization has been
consummated, the provisions of law directing the assembly of Congress,
and the steps of organization which occur at the convening of Congress.
The four types of ``assembly,'' and their relationship to the sessions
of Congress, are described, as are the time and place at which Congress
meets both at assembly and during sessions.
The first division of this chapter sets forth, schematically, the
various organizational steps, including the election of the Speaker,
and describes the proceedings over which he presides in completing
organization. The functions and authority of the Speaker and of the
other officers of the House at the opening of Congress are detailed.
The second division deals with the principles of organizational
proceedings, before and after standing rules have been adopted. The use
of motions, miscellaneous floor procedure, and the consideration and
passage of bills and resolutions during the organizational period are
covered, as well as the
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procedure and substantive law relating to the adoption of the rules
themselves. How the House resumes business, and what business is
resumed, is likewise included.
A word first is in order about the general body of procedural law
which governs the House during the period of organization. It is a
general principle that in the absence of the adoption of rules of
procedure and in the absence of statutory regulation, a public
deliberative body is governed by the generally accepted rules of
parliamentary procedure.<SUP>(1)</SUP> In the House of Representatives,
however, the general parliamentary law applicable is that body of
parliamentary law generally based upon precedents and rules of past
Houses.<SUP>(2)</SUP> Obsolete provisions of Jefferson's Manual,
inconsistent with the prevailing practice of the House, do not
apply.<SUP>(3)</SUP>
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1. See 59 Am Jur 2d Parliamentary Law Sec. 3. The general rules of
parliamentary procedure applicable to any membership
organization have been variously described as: those treating
participants with fairness and good faith, Re Election of
Directors of Bushwick Sav. & Loan Assoc., 189 Misc. 316, 70
N.Y.S. 2d 478 (1947); those used by all American deliberative
assemblies, Theofel v Butler, 134 Misc. 259, 236 N.Y.S. 81,
affd. 227 App. Div. 626, 235 N.Y.S. 896 (1929).
Collateral references: George S. Blair, American
Legislatures; Structure and Process, Harper and Row (N.Y.,
1967). Lewis A. Froman, Jr., ``Organization Theory and the
Explanation of Important Characteristics of Congress,'' 62
American Political Science Review 518-562 (June, 1968). Guide
to the Congress of the United States, Congressional Quarterly,
Inc. (Wash., D.C. 1971). Paul Riddick, The United States
Congress Organization and Procedure, National Capitol
Publishers (Manassas, Va. 1949).
2. See House Rules and Manual Sec. 60 (comment) (1973). See also 5
Hinds' Precedents Sec. Sec. 6758-63; 8 Cannon's Precedents
Sec. Sec. 3383-86.
3. See 5 Hinds' Precedents Sec. Sec. 6757, 6761-63. Rule XLII, House
Rules and Manual Sec. 938 (1973) provides for the application
of Jefferson's Manual to House procedure where not inconsistent
with standing rules.
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Past rules from a prior Congress may be relied upon to admit
certain motions before the adoption of rules,<SUP>(4)</SUP> and those
relating to organization procedures, though technically inapplicable,
exert persuasive effect.<SUP>(5)</SUP> This is
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not to infer, however, that past rules are generally
controlling.<SUP>(6)</SUP> A rule of a past Congress assuming to
control a future House as to rules at organization is not
binding,<SUP>(7)</SUP> and a statutory enactment incorporated into the
rules of a preceding Congress and enacted under the rule-making power
of the House and Senate has no effect in a new Congress until expressly
adopted.<SUP>(8)</SUP>
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4. For example, the motion to recommit was admitted before the
adoption of rules on Dec. 7, 1931, 71 Cong. Rec. 12, 72d Cong.
1st Sess. (Speaker John N. Garner), because it was within the
``spirit'' of the rules of the preceding Congress (see
Sec. 9.5, infra).
5. Rule II (election of officers and administration of oath to them),
Sec. 635, and Rule III clause 1 (duties of Clerk at
commencement of new Congress), Sec. 637, House Rules and Manual
(1973), prescribe the procedure at organization which is
generally followed, although the rules are not technically in
force at that time.
6. See, e.g., 5 Hinds' Precedents Sec. Sec. 5590, 5604.
7. 5 Hinds' Precedents Sec. Sec. 6765-66.
8. The requirements of the Legislative Reorganization Act of 1970,
Pub. L. No. 91-510, 84 Stat. 1140, incorporate as an exercise
of the rule-making power into the rules of the 91st Congress,
were ruled not applicable to the proceedings of the 92d
Congress before the adoption of rules. 117 Cong. Rec. 132, 92d
Cong. 1st Sess., Jan. 22, 1971 (Speaker Carl Albert, Okla.)
(see Sec. 12.9, infra).
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