[Deschler's Precedents]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:52093c01_txt-12]
[Page 68-72]
CHAPTER 1
Assembly of Congress
B. PROCEDURE
Sec. 11. Resumption of Legislative Business
Once the two Houses of Congress have assembled, elected offi
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cers, sworn Members, and adopted rules, the resumption of legislative
business is in order.<SUP>(19)</SUP> Two
important questions arise, however, as to the taking up of business:
first, at what point in time does Congress actually begin legislating
after organization, and second, to what extent does business carry over
from the previous session. As to the time the two new Houses begin
transacting business, there is a long established custom of postponing
business not pertinent to organization until after the President has
delivered his state of the Union message to the
Congress.<SUP>(20)</SUP> In the Senate, this principle applies both at
the beginning of a new session of a new Congress, and at the
commencement of a consecutive session of an existing
Congress.<SUP>(1)</SUP> Although the House does not transact
legislative business at the beginning of a new Congress until after the
Presidential message, that body does resume business at the beginning
of a second or third session before the Presidential
message,<SUP>(2)</SUP> and even on occasion before a quorum has
appeared in the Senate.<SUP>(3)</SUP>
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19. The Act of 1789, Ch. 1, Sec. 2, 1 Stat. 23, as amended, 2 USC
Sec. 25 (1948) requires that the oath be administered to the
Speaker, Members and Clerk ``previous to entering on any other
business. . . .'' See also 1 Hinds' Precedents Sec. Sec. 130,
140, 237, 241, 243; 5 Hinds' Precedents Sec. Sec. 6647-49;
contra (allowing business before the election of the Clerk), 1
Hinds' Precedents Sec. Sec. 242, 244, 245.
The Speaker has suggested that bills should not be acted
upon prior to the adoption of rules. 117 Cong. Rec. 16, 92d
Cong. 1st Sess., Jan. 20, 1971 (Speaker Carl Albert); the
announcement is cited at Sec. 12.2, infra. For an occasion
where a major bill was considered and passed before rules
adoption, see 77 Cong. Rec. 83, 73d Cong. 1st Sess., Mar. 9,
1933 (cited at Sec. 12.8, infra).
20. See 1 Hinds' Precedents Sec. Sec. 81, 122-125; Sec. 7.1, supra;
Sec. 12.10, infra. See the remarks, in explanation of the
custom, by Mr. Michael J. Mansfield, 114 Cong. Rec. 4-5, 90th
Cong. 2d Sess., Jan. 15, 1968 (quoted at Sec. 11.4, infra).
1. See Sec. 12.10, infra (first session) and Sec. 11.4, infra
(subsequent session).
2. See Sec. Sec. 11.2 and 11.3, infra.
3. See 1 Hinds' Precedents Sec. 126.
4. House Rules and Manual Sec. 901 (1973).
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Upon convening for a second or third session during the term of a
Congress, the House resumes all business that was pending either before
the House or before committees at the adjournment sine die of the
preceding session. That practice of resuming business grows out of Rule
XXVI of the House rules,<SUP>(4)</SUP> which specifically continues all
business before committees as if no adjournment had taken place; actual
practice under
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the rule continues all business before the House, not
just that before committees.<SUP>(5)</SUP>
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5. For the history and the scope of the rule, see 5 Hinds' Precedents
Sec. 6727. The practice of resuming all old business at the
start of a session during the term of a Congress departed from
the rule of the English Parliament, as stated in Jefferson's
Manual. House Rules and Manual Sec. 592 (1973).
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The vast majority of business remaining at the end of one Congress
does not, however, carry over to the beginning of a new Congress, since
Congress does not allow the past proceedings of one Congress to bind its
successor. Few
categories have carried over from one Congress to the next; impeachment
proceedings pending on the last day of one Congress have been continued
at the beginning of the succeeding one,<SUP>(6)</SUP> and a
Presidential veto message to the House was on one occasion read and
received at the beginning of the next Congress.<SUP>(7)</SUP>
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6. Jefferson's Manual, House Rules and Manual Sec. 620 (1973). On two
occasions, the impeachment trial was conducted by the Senate
following the impeachment by the House in the prior Congress
(see 3 Hinds' Precedents Sec. Sec. 2320, 2321; 6 Cannon's
Precedents Sec. Sec. 515, 516). Whether the House itself may
continue unfinished impeachment proceedings is discussed in Ch.
14, infra.
7. See 5 Hinds' Precedents Sec. 6645.
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The committees of a new Congress do not routinely resume the
business that was pending at the end of the prior
Congress.<SUP>(8)</SUP> However, should the House membership wish to
authorize a special committee of investigation to continue its business
into a new Congress, the new House may so authorize by
resolution.<SUP>(9)</SUP> On one occasion, the House accepted as
binding a concurrent resolution of the last Congress requiring the
appointment of a joint committee; although the joint committee was
never actually created, the House was prepared to accord to the
resolution the force of a binding joint rule.<SUP>(10)</SUP>
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8. See Rule XXXVI, House Rules and Manual Sec. 932 (1973).
9. See Sec. 11.1, infra.
10. 4 Hinds' Precedents Sec. 4445.
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In contrast to the House principle that committees and their
functions regularly expire with the term of the Congress, Senate
committees may carry over to a new Congress, since the Senate is a
continuing legislative body as opposed to the House.<SUP>(11)</SUP>
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11. See 4 Hinds' Precedents Sec. 4544.
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Resumption of Committee Investigation in New Congress
Sec. 11.1 A new Congress may, by resolution, continue a special
committee investigation begun by a former Congress.
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On Jan. 3, 1935,<SUP>(12)</SUP> the House agreed to the following
resolution:
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12. 79 Cong. Rec. 24, 74th Cong. 1st Sess.
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Resolved, That the Special Committee on Un-American Activities,
appointed by the Speaker to conduct certain investigations under
authority of House Resolution 198 of the Seventy-third Congress, is
hereby granted additional time until February 4, 1935, to prepare
and file its report and recommendations for legislation with the
House. Any unexpended balance of the total amount authorized for
the use of said special committee under House Resolution 199 and
House Resolution 424 of the Seventy-third Congress is hereby
continued available until said date.
Resumption of Old Business- Second Session
Sec. 11.2 On the opening day of the second session the House conducted
business, the call of the Consent Calendar.
On Jan. 19, 1970,<SUP>(13)</SUP> Speaker John W. McCormack, of
Massachusetts, stated that as it was Consent Calendar day, the Clerk
would call the first bill on the Consent Calendar.
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13. 116 Cong. Rec. 150, 91st Cong. 2d Sess.
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Sec. 11.3 A Senate bill, messaged to the House following sine die
adjournment, was referred to committee on the opening day of the
second session.
On Jan. 10, 1966, the opening day of the second session of the 89th
Congress,<SUP>(14)</SUP> Senate bill 2471, messaged to the House during
the sine die adjournment, was taken from the Speaker's table and
referred to committee.
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14. 112 Cong. Rec. 36, 89th Cong. 2d Sess.
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Senate Practice
Sec. 11.4 While the Senate rules do not prohibit business on the
opening day of a new session, it is the custom of that body to
defer all business until after the President has delivered his
state of the Union address.
On Jan. 15, 1968,<SUP>(15)</SUP> the opening day of the second
session, Vice President Hubert H. Humphrey, Jr. ruled in response to a
series of parliamentary inquiries that there was no rule in the Senate
rules that required adjournment on opening day without consideration of
speeches, resolutions, or petitions, or that prohibited a Senator from
making a speech or prohibited the Senate from receiving a petition of
grievance from citizens. The Vice President stated, how
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ever, that there was a long-established historical precedent in the
Senate for postponing business until after the state of the Union message
to the Congress by the President. The Majority Leader of the Senate, Michael
J. Mansfield, of Montana, then arose and stated his intention to
shortly move for adjournment, for the following reasons:
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15. 114 Cong. Rec. 4, 5, 90th Cong. 2d Sess.
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I have had some conversations with various Senators relative to
their desire to have a petition read to the Senate today.
I appreciate the courtesy which they showed in telling me of
what they intended to do.
I explained to them, or at least I tried to, that, I had been
asked by many other Senators whether there was to be any business
today, and I had told them all that under custom and procedures,
there would be no business, there would be no morning hours, and
there would be no introduction of bills because that was the
custom, based on practice and precedent. It was a custom which gave
to the President of the United States a courtesy, and it was a
custom which was predicated on the idea that no business of any
sort should be transacted until after the delivery of the
President's state of the Union message.
It is my understanding that only on one occasion was this
practice abrogated and that was when Congress received notice that
the President of the United States would not be in the position to
deliver his state of the Union message until 2 weeks after Congress
convened.
The Senate then adjourned, without transacting any business, until
the following day.
Sec. 11.5 Contrary to the usual custom in the Senate of deferring all
business at the opening of a session until after the President's
message on the state of the Union, the Senate agreed to begin
business on the second day of the session, before the President's
message.
On Jan. 18, 1972,<SUP>(16)</SUP> the Senate agreed by unanimous
consent to take up unfinished business from the first session on Jan.
19, the following day. The President informed the Senate that he would
deliver the state of the Union message to the Congress on Jan. 20,
1972.
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16. 118 Cong. Rec. 4, 92d Cong. 2d Sess.
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