[Deschler's Precedents]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:52093c01_txt-10]
[Page 53-59]
CHAPTER 1
Assembly of Congress
B. PROCEDURE
Sec. 9. Motions
As previously indicated, the House has before it, following the
election of the Speaker, several substantive matters to resolve without
the aid of standing rules.<SUP>(13)</SUP> The swearing in of Members,
the election of officers, and even the adoption of rules themselves
necessitate the putting of motions from the floor. Before rules are in
effect, motions are governed in their admissibility and effect by
precedent and by the general parliamentary law as applied in the House
of Representatives.<SUP>(14)</SUP> That general authority does not,
however, preclude reliance by the Speaker on the rules of past
Congresses as a basis for admitting certain motions. For example, the
motion to recommit after the ordering of the previous question has been
ruled applicable in the House prior to the adoption of rules because it
was within the ``spirit'' of the rules of the past
Congress.<SUP>(15)</SUP> Therefore, in many instances the use of
motions before the adoption of rules resembles more closely their use
under the House rules than under Jefferson's Manual.<SUP>(1)</SUP>
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13. There are often introduced, before the adoption of standing rules,
resolutions relating to the adoption of the rules or to the
swearing in of Members or to other organizational business.
Action on such resolutions (as well as on any legislation that
may be considered), including debate, withdrawal, amendment,
and consideration, raises a variety of procedural questions
covered elsewhere (see Sec. 12, infra).
14. See, in general, 5 Hinds' Precedents Sec. Sec. 6757-63; 8 Cannon's
Precedents Sec. Sec. 3383-86.
15. See Sec. 9.5, infra.
1. For motion practice generally, see Ch. 23, infra. Ch. 5, infra,
discusses the applicability of Jefferson's Manual to the
procedure of the House of Representatives.
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There are motions, of regular use in the House, whose admissibility
prior to the adoption of rules is unquestioned, since they
are authorized by the Constitution:<SUP>(2)</SUP> the demand for the
yeas and nays<SUP>(3)</SUP> and the motion for a call of the House. The
motion to adjourn is likewise admissible before the adoption of rules,
either before or after the election of the Speaker; the motion is of
standard usage under general parliamentary law<SUP>(4)</SUP> and is
authorized by the Constitution as well.<SUP>(5)</SUP> The House may
adjourn for more than one day before the election of the
Speaker,<SUP>(6)</SUP> but since a concurrent resolution is necessary
to adjourn for more than three days,<SUP>(7)</SUP> the House cannot
move to adjourn for more than three days before the Speaker is elected
and each House is notified of a quorum in the other.<SUP>(8)</SUP> The
motion to adjourn is accorded preferential treatment before the
adoption of the rules as well as after.<SUP>(9)</SUP>
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2. Art. I, Sec. 5, clause 3 authorizes one-fifth of those Members
present to call for the yeas and nays, and under art. I,
Sec. 5, clause 1, less than a majority of Members may compel
the attendance of absent Members when a quorum is lacking. The
question has arisen whether the body of Representatives
assembled has all the powers of the ``House,'' as contemplated
by the constitutional provisions, before organization is
completed. As discussed at 1 Hinds' Precedents Sec. 82,
however, that body may elect officers and adopt rules under the
Constitution and is therefore authorized to follow, before
organization is completed, at least those constitutional
provisions relating to procedure and to organization.
3. See 1 Hinds' Precedents Sec. 91; 5 Hinds' Precedents
Sec. Sec. 6012-13. For an instance where the Speaker has
entertained a second demand for the yeas and nays after being
once refused on the same question, before rules adoption, see
Sec. 9.1, infra.
4. See Jefferson's Manual, House Rules and Manual Sec. 584 (1973).
5. Art. I, Sec. 5, clause 1 authorizes less than a majority of the
House to adjourn from day to day.
6. 1 Hinds' Precedents Sec. 89
7. U.S. Const. art. I, Sec. 5, clause 4. Generally, see Ch. 40, infra.
8. Since a message from one House that a quorum has appeared is not
delivered in the other until a quorum has appeared there also
(1 Hinds' Precedents Sec. 126), and the message of a quorum is
not sent until after the election of a Speaker (Sec. 7.1,
supra), official consent for adjournment for more than three
days could presumably not be obtained until that point in time.
9. See Jefferson's Manual, House Rules and Manual Sec. 439 (1973), for
the parliamentary rule. On occasion, the Clerk presiding at the
opening has entertained no other motion than the motion to
adjourn (1 Hinds' Precedents Sec. 67). On one instance, after
organization had been completed, the Speaker held the motion to
adjourn of higher precedence than the privileged motion to
proceed to the election of a new Speaker (8 Cannon's Precedents
Sec. 2641). The motion cannot, however, defer the right of a
Member-elect to take the oath (1 Hinds' Precedents Sec. 622).
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When a motion is made from the floor, it must be read to the House
and then put to the question under general parliamentary law as well as
under the standing rules of the House.<SUP>(10)</SUP> (After the
Speaker is elected, he puts motions to the House; while the Clerk is
presiding, however, he may decline to put a question to the House,
whereupon a Member-elect may put it from the floor.)<SUP>(11)</SUP> The
Speaker must recognize Members proposing motions which are privileged
at the stage of organization.<SUP>(12)</SUP>
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10. See Jefferson's Manual, House Rules and Manual Sec. 392 (1973).
Under House practice, however, a motion does not require a
second as stated in Jefferson's Manual.
11. See 1 Hinds' Precedents Sec. 67.
12. 8 Cannon's Precedents Sec. 3383. Motions relating to the
organization of the House are privileged; an example is the
motion to proceed to the election of officers (1 Hinds'
Precedents Sec. 290).
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When a Member offers a resolution prior to the adoption of standing
rules, he is entitled to one hour of debate on the
resolution;<SUP>(13)</SUP> under general parliamentary law he may yield
time for debate to others and still retain the right to resume debate
or to move the previous question.<SUP>(14)</SUP> The previous question
is a standard motion under parliamentary law,<SUP>(15)</SUP> and may be
moved before the adoption of the rules.<SUP>(16)</SUP> However, the 40
minutes of debate allowed by Rule XXVII of the rules, on a question on
which there has been no debate, does not apply before the rules are
effective.<SUP>(17)</SUP> The House may recommit, refer, lay on the
table, or refuse to pass on the pending resolution in any shape, under
general parliamentary prin
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13. 1 Hinds' Precedents Sec. 6759; see also Sec. 12.3, infra.
14. 8 Cannon's Precedents Sec. 3383.
15. See Jefferson's Manual, House Rules and Manual Sec. 461 (1973). As
used in the House, however, the previous question no longer has
the purpose stated by Jefferson (House Rules and Manual
Sec. 450 [1973]), to avoid lengthy debate on embarrassing
questions or to suppress motions.
16. 5 Hinds' Precedents Sec. 6758; 8 Cannon's Precedents
Sec. Sec. 3383. 3386; Sec. 9.3 infra.
17. If ordered without previous debate, the previous question allows 40
minutes' debate under Rule XXVII clause 3, House Rules and
Manual Sec. 907 (1973). Prior to rules adoption, the 40 minutes
is not in order (8 Cannon's Precedents Sec. 3385). See also
Sec. 9.4, infra.
[[Page 56]]
ciples.<SUP>(18)</SUP> In allowing the motion
to recommit after the previous question has been moved, Speakers have
based their rulings not only on the general parliamentary law, but also
on the usage of the House of Representatives, includ
ing the standing rules of past Congresses;<SUP>(19)</SUP> such reliance
was necessary to admit the motion to recommit, as Jefferson's Manual
does not authorize it after the moving of the previous
question.<SUP>(20)</SUP> If a resolution is recommitted before the
adoption of rules, it will be recommitted to a select or special
committee appointed by the Speaker.<SUP>(1)</SUP>
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18. See 5 Hinds' Precedents Sec. 6758.
19. See 1 Hinds' Precedents Sec. Sec. 3383-84; 5 Hinds' Precedents
Sec. 5604; Sec. 9.5, infra.
20. See Jefferson's Manual, House Rules and Manual Sec. 461 (1973).
1. See 5 Hinds' Precedents Sec. 5604; 8 Cannon's Precedents Sec. 3383.
Committees are not constituted before the adoption of rules.
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The House may utilize the motion to postpone consideration of a
resolution before adoption of rules,<SUP>(2)</SUP> and it may amend by
germane amendment a resolution on which the previous question is
rejected.<SUP>(3)</SUP>
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2. See Sec. 9.7, infra.
3. See Sec. Sec. 9.3, 12.6, 12.7, infra.
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On an occasion where the House was voting on the previous question,
the Speaker declined to record the vote of a Member who failed to
qualify as being in the Hall and listening when his name was called,
before the adoption of rules.<SUP>(4)</SUP>
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4. 8 Cannon's Precedents Sec. 3386.
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Demand for Yeas and Nays
Sec. 9.1 The yeas and nays may not be demanded after they have been
once refused on the same question; but before the adoption of the
rules a second demand has been entertained where the Speaker was in
doubt of the result of a viva voce vote on the question.
On Jan. 3, 1969,<SUP>(5)</SUP> after the yeas and nays were refused
on the previous question, a parliamentary inquiry was stated:
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5. 115 Cong. Rec. 29, 30, 91st Cong. 1st Sess.
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Mr. Gerald R. Ford [of Michigan]: Is this yea-and-nay vote on
the previous question?
The Speaker [John W. McCormack, of Massachusetts]: It is.
Mr. Ford: I thank the Chair.
The Speaker: The question is on ordering the previous question.
The question was taken; and the Speaker announced that the yeas
appeared to have it.
Mr. Gross:<SUP>(6)</SUP> Mr. Speaker, on that I demand the yeas
and nays.
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6. Mr. Harold R. Gross (Iowa).
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The yeas and nays were ordered.
Sec. 9.2 Prior to the adoption of rules, one-fifth of the Members
present may order a yea and nay vote pursuant to the Constitution.
On Jan. 4, 1965,<SUP>(7)</SUP> prior to the adoption of standing
rules, Speaker John W. McCormack, of Massachusetts, stated in response
to a parliamentary inquiry that under the Constitution, it would
require one-fifth of the Members present to rise to order a yea and nay
vote.
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7. 111 Cong. Rec. 19, 89th Cong. 1st Sess.
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Motions for the Previous Question
Sec. 9.3 Prior to the adoption of rules, the previous question is
applicable in the House; after the previous question has been
moved, the resolution before the House is not subject to amendment
unless the previous question is rejected.
On Jan. 4, 1965,<SUP>(8)</SUP> prior to rules adoption, Speaker
John W. McCormack, of Massachusetts, stated in response to a
parliamentary inquiry that if the previous question was voted down, it
would then be in order to offer a proper amendment.
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8. 111 Cong. Rec. 19, 89th Cong. 1st Sess.
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Sec. 9.4 Prior to the adoption of rules, when the motion for the
previous question is moved without debate, the 40 minutes' debate
prescribed by House rules during the previous Congress does not
apply.
On Jan. 7, 1959,<SUP>(9)</SUP> after the previous question was
moved on a House resolution, Mr. Thomas P. O'Neill, Jr., of
Massachusetts, arose to state a parliamentary inquiry:
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9. 105 Cong. Rec. 14, 86th Cong. 1st Sess.
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Mr. O'Neill: Mr. Speaker, when the previous order has been
moved and there is [sic] no debate, under the rules of the House
are we not entitled to 40 minutes debate?
The Speaker:<SUP>(10)</SUP> Under the precedents, the 40-minute
rule does not apply before the adoption of the rules.
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10. Sam Rayburn (Tex.).
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Motion to Recommit
Sec. 9.5 A ruling to admit the motion to recommit after the ordering of
the previous question, before the adoption of rules, was based upon
a construction of the standing rules of prior Congresses.
[[Page 58]]
On Dec. 7, 1931,<SUP>(11)</SUP> Mr. Carl E. Mapes, of Michigan,
stated a parliamentary inquiry:
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11. 75 Cong. Rec. 12, 72d Cong. 1st Sess.
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I understood the gentleman from North Carolina to say that he
would not yield the floor for the purpose of al
lowing an amendment to his motion. I would like to ask the Speaker
if it is not a fact, even though he does not yield the floor for
that purpose and the previous question should be ordered on the
resolution, that some Member on this side would have the right to
move to recommit or move to amend the resolution?
The Speaker:<SUP>(12)</SUP> Within the spirit of the rules of
the 71st Congress on the motion to recommit, the Chair thinks that
they should have that right.
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12. John N. Garner (Tex.).
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Mr. Mapes: I think the ruling of the Chair is correct. If the
Chair will recollect, Speaker Clark, at the beginning of the 63d
Congress, ruled to the same effect.
The Speaker: The Chair is familiar with that
ruling.<SUP>(13)</SUP>
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13. Speaker Clark's ruling was made on Apr. 7, 1913, 50 Cong. Rec. 77,
63d Cong. 1st Sess., and is cited at 8 Cannon's Precedents
Sec. 3384.
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Motion to Amend
Sec. 9.6 A resolution authorizing the Speaker to administer the oath to
a Representative-elect was open to amendment when the House refused
to order the previous question thereon, prior to the adoption of
rules.
On Jan. 3, 1969,<SUP>(14)</SUP> after the House refused to order
the previous question on a resolution to authorize the Speaker to
administer the oath of office to Member-elect Adam C. Powell, of New
York, an amendment was offered providing that the Speaker administer
the oath but including several conditions of punishment for acts
committed in a prior Congress.
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14. 115 Cong. Rec. 22, 23, 91st Cong. 1st Sess.
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Motion to Postpone
Sec. 9.7 A motion to postpone consideration of a resolution to a day
certain is in order prior to adoption of the rules.
On Jan. 21, 1971,<SUP>(15)</SUP> it was moved that an amendment to
the rules of the House be considered as read and printed in the Record
and that further consideration be put over until the next day. The
House agreed to the motion.
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15. 117 Cong. Rec. 15, 92d Cong. 1st Sess.
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Call of the House
Sec. 9.8 Prior to the adoption of the rules, a motion for a call of the
House is in order
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when the absence of a quorum is announced;
following the establishment of a quorum, further proceedings under
the call may be dispensed with by unanimous consent.
On Jan. 21, 1971,<SUP>(16)</SUP> before the adoption of rules, a
call of the House was ordered in the absence of a quorum. After a
quorum of 395 Members had answered to their names, further proceedings
under the call were dispensed with by unanimous consent.
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16. 117 Cong. Rec. 14, 92d Cong. 1st Sess.
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