[Deschler's Precedents]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:52093c01_txt-5]
[Page 25-32]
CHAPTER 1
Assembly of Congress
A. MEETING AND ORGANIZATION
Sec. 4. Place of Meeting
A constitutional provision relating to the location of the meetings
of Congress (article I, section 5, clause 4) requires that either House
obtain the consent of the other to sit in ``any other Place than that
in which the two Houses shall be sitting.'' However, in none of its
provisions does the Constitution direct where the annual assembly under
the twentieth amendment is to take place.<SUP>(10)</SUP>
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10. A general rule of statutory construction is that the acts of a
legislative body meeting at an unauthorized place may be
invalidated. Sutherland, Statutes and Statutory Construction
Sec. 401 (3 ed. 1943). Federal courts do not, however,
generally question the regularity of the proceedings of
Congress. Barry v U.S. ex rel Cunningham, 279 U.S. 597, 619
(1929); Yellin v U.S., 374 U.S. 109, 146 (1963).
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Congress has appointed by statute a seat of the federal government
for the location of public offices and for the place of its meetings.
Congress has affirmed its authority, as an attribute of national
sovereignty, to establish a permanent seat of
government,<SUP>(11)</SUP>
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to change the seat of government,<SUP>(12)</SUP> and to permit the
President to remove public offices or Congress itself under specified
conditions.<SUP>(13)</SUP>
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11. See the Act of Mar. 3, 1790, Ch. 28, 1 Stat. 30, establishing the
seat in the District of Columbia and locating it temporarily in
Philadelphia. 4 USC Sec. Sec. 71-72 now locates the permanent
seat of government in the District.
12. Act of Mar. 3, 1790, Ch. 28, 1 Stat. 30. See also the post-Civil
War debates on the authority of Congress to remove the seat of
government, 28 Annals of Cong. 346-75, 13th Cong. 3d Sess.,
Oct. 5-6, 1814.
13. The President is authorized under 2 USC Sec. 27 to convene Congress
elsewhere than the seat of government in the case of contagious
disease or other hazardous conditions. He may also remove all
public offices from the seat of government in the event of
disease. 4 USC Sec. 73. The Sixth Congress authorized the
President by the Act of Apr. 24, 1800, Ch. 37, 2 Stat. 55, to
accelerate preparations for the establishment of the seat of
government in the District of Columbia.
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Congress therefore convenes for an opening session at the place
determined by law to be the seat of government. The first two sessions
of the First Congress assembled in New York City pursuant to a
resolution of the Continental Congress.<SUP>(14)</SUP> By the Act of
Mar. 3, 1790, the First Congress provided for the permanent seat of
government to be located in the District of Columbia as of December
1800, and designated Philadelphia as the interim seat between 1790 and
1800.<SUP>(15)</SUP> Since Nov. 17, 1800, the opening of the second
session of the Sixth Congress, Congress has met in Washington,
D.C.,<SUP>(16)</SUP> although there was extended debate after the War
of 1812 on a Senate bill to move the seat of government
elsewhere.<SUP>(17)</SUP>
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14. Resolution of Sept. 13, 1788, 4 Journal of Continental Congress 866
(1823 ed.), cited at 3 Hinds' Precedents Sec. 3.
15. Ch. 28, 1 Stat. 30.
16. Congress had originally provided to begin meeting in the District
of Columbia on the first Monday in December, 1800. Act of Mar.
3, 1790, Ch. 28, Sec. 6, 1 Stat. 30. By the Act of May 13,
1800, Ch. 67, 2 Stat. 85, the effective date was moved forward
to the third Monday in November, Nov. 17, 1800. On that date a
quorum of the House was not present in Washington and the House
adjourned to begin legislative business on Nov. 18. 10 Annals
of Cong. 782, 6th Cong. 2d Sess.
17. 28 Annals of Cong. 346-75, 13th Cong. 3d Sess., Oct. 5-6, 1814. The
Senate bill was defeated in the House.
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Although the Congress has had but three seats of government, it has
occupied numerous structures or buildings. The New York and
Philadelphia Chambers were located in public halls,<SUP>(18)</SUP> and
Con
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gress has frequently been forced to vacate the Capitol building in
Washington due to repairs. Since 1800, the longest period during which
Congress has absented itself from the Capitol building was because of
the War of 1812, when the British Army nearly destroyed the Capitol by
fire.<SUP>(19)</SUP> For over a year following the war, Congress sat in
a makeshift Chamber located in another public building appointed by
Presidential proclamation for the use of Congress.<SUP>(20)</SUP> For
another five years both Houses sat at a temporary Capitol built on
Capitol Hill by private citizens for the express use of
Congress,<SUP>(1)</SUP> and leased by the federal
government.<SUP>(2)</SUP> On three occasions during the 20th century,
the House and the Senate have vacated their respective Chambers in the
Capitol building pending repairs or remodeling.<SUP>(3)</SUP> Although
the Senate remained during those periods within the Capitol, occupying
the former Supreme Court Chamber,<SUP>(4)</SUP> the House moved across
the street to the caucus room of the New House Office
Building.<SUP>(5)</SUP> Neither the House nor the Senate construed
those temporary shifts in the place of meeting, which altered the
structural location but
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not the place of the seat of government, to require the consent of the
other House.<SUP>(6)</SUP> Therefore, a simple House resolution
suffices to adjourn the House to meet in another structure at the seat
of government.<SUP>(7)</SUP>
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18. In New York City the Congress sat in Federal Hall, Broad and Wall
Streets, and in Philadelphia it occupied Congress Hall, 6th and
Chestnut. Guide to the Congress of the United States 370
(1971), Congressional Quarterly, Inc.
19. Guide to the Congress of the United States 373 (1971),
Congressional Quarterly, Inc.
20. A Presidential message appointed the ``public building heretofore
allotted for the Post and other public offices.'' 28 Annals of
Cong. 10, 13th Cong. 3d Sess., Sept. 19, 1814 (message dated
Sept. 17, 1814).
1. See 29 Annals of Cong. 10 14th Cong. 1st Sess., Dec. 4, 1815.
2. Act of Dec. 8, 1815, Ch. 1, 3 Stat. 251 (authorizing the President
to lease the new building on Capitol Hill pending repairs to
the Capitol building).
3. The first occasion lasted from Nov. 22, 1940, 86 Cong. Rec. 13715,
76th Cong. 3d Sess., until Jan. 2, 1941. See the letter of Mr.
David Lynn, Architect of the Capitol, at 13715, recommending
that the entire roof construction over both Chambers be taken
down and replaced by modern fire-proof construction. From July
1, 1949, to Jan. 2, 1950, Congress once again left its Chambers
pending repairs. See House resolution, June 28, 1949, 90 Cong.
Rec. 8571, 81st Cong. 1st Sess. The last period of repairs
requiring the removal of the House lasted from Sept. 1, 1950 to
Jan. 1, 1951. See House resolution returning the House to its
Chamber, Dec. 28, 1950, 96 Cong. Rec. 17021-22, 81st Cong. 2d
Sess.
4. See, e.g., Senate resolution of Nov. 22, 1940, 86 Cong. Rec. 13709,
76th Cong. 3d Sess.
5. See, e.g., House resolution of June 28, 1949, 95 Cong. Rec. 8571,
81st Cong. 1st Sess.
6. See Sec. 4.1, infra. Compare the remarks of Mr. Clare E. Hoffman
(Mich.), at 90 Cong. Rec. 11683, 81st Cong. 1st Sess., Aug. 17,
1949, contending that the House was not a competent, legal
tribunal since it was sitting in the caucus room without having
obtained prior Senate consent. Mr. Hoffman argued in his
remarks that the ``over-whelming weight of legal authority . .
. is to the effect that, as to courts and legislative bodies,
the word 'place' cannot be stretched to cover the territorial
limits of the city, township, county, or state.'' He concluded
that a joint resolution was required to ratify the otherwise
ultra vires action of the House.
7. A simple House resolution provided for the removal of the House
from the old Chamber to the new Hall in the south wing of the
extension of the Capitol on Dec. 14, 1857. 5 Hinds' Precedents
Sec. 7271.
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On occasion the House provides for meetings elsewhere than in its
Chamber for reasons other than repair. Joint meetings may be held in
the Senate Chamber,<SUP>(8)</SUP> and informal meetings may be held in
other facilities, such as the Library of Congress.<SUP>(9)</SUP> Those
types of assemblies, as well as ceremonies and processions held outside
the House Chamber,<SUP>(10)</SUP> do not usually constitute official
sessions of the House,<SUP>(11)</SUP> which stands in recess in order
to attend.<SUP>(12)</SUP> The House is, however, officially in session
for inaugural ceremonies at the east front of the Capitol, as reflected
by the traditional form of the resolution to participate in inaugural
ceremonies.<SUP>(13)</SUP>
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8. For attendance of the House in the Committee of the Whole at
impeachment proceedings in the Senate Chamber, see 3 Hinds'
Precedents Sec. 2351. See Ch. 36, infra, for joint meetings.
9. See Sec. Sec. 4.3-4.5, infra.
10. The House does not attend ceremonies outside the Capitol building
as an organized body. 5 Hinds' Precedents Sec. Sec. 7061-64.
The House has discussed but not settled the question as to its
power to compel a Member to attend an occasion of ceremony
outside the Hall. 2 Hinds' Precedents Sec. 1139.
11. Rule XXXI, House Rules and Manual Sec. 918 (1973), requires that
the Hall of the House be used only for legislative business and
caucus meetings, except where the House by resolution agrees to
participate in ceremonies therein. Rule XXIX, House Rules and
Manual Sec. 914 (1973), provides for secret sessions to be held
in the Hall of the House.
12. For an instance where the House attended funeral services in the
Senate Chamber without an adjournment or recess, see 5 Hinds'
Precedents Sec. 7045.
13. See Sec. 4.7, infra.
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Meeting in a Structure Other Than the Capitol
Sec. 4.1 The House may, without the consent of the Senate, provide for
a meeting of the House in the caucus room of a House office
building without violating the constitutional prohibition against
meeting in another place without the consent of the other House.
On Aug. 17, 1949,<SUP>(14)</SUP> Mr. Clare E. Hoffman, of Michigan,
stated a point of order, as follows;
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14. 95 Cong. Rec. 11651, 81st Cong. 1st Sess.
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Mr. Hoffman: Mr. Speaker, I make a point of order. My point of
order is that inasmuch as the House is now sitting in the committee
room of the Ways and Means Committee in the New House Office
Building and that the Senate has not consented to the action which
the House took some time previously, the House is not a competent,
legal tribunal, qualified under the Constitution to act. I want to
be heard.
The Speaker:<SUP>(15)</SUP> The Chair is ready to rule. The
Chair overrules the point of order.
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15. Sam Rayburn (Tex.).
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Mr. Hoffman: May I not cite the provision of the Constitution?
The Speaker: The Chair is ready to rule and has ruled on that
question four times.<SUP>(16)</SUP> The Chair does not desire to
hear the gentleman on the point of order.
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16. The Speaker had ruled on Aug. 1, Aug. 2, Aug. 4, and Aug. 5, 1949,
that the House was legally in session despite the provisions of
the Legislative Reorganization Act of 1946, Ch. 753, Sec. 132,
60 Stat. 812, requiring adjournment by the end of July; he
based his ruling on the decision that a continually existing
national emergency precluded the operation of the Legislative
Reorganization Act. 95 Cong. Rec. 10486, 10591, 10777, 10858,
81st Cong. 1st Sess. See also Sec. 3.7, supra.
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Mr. Hoffman: May I cite the section?
The Speaker: The gentleman may extend his remarks to do
that.<SUP>(17)</SUP>
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17. Mr. Hoffman's extension of remarks, at 95 Cong. Rec. 11683, 81st
Cong. 1st Sess., proposed that the term ``place'' in art. I,
Sec. 5, clause 4 of the Constitution could not be stretched to
include the territorial limits of a city, and that Senate
consent was required for the House to sit as an authorized
tribunal in the caucus room of the House office building.
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Sec. 4.2 A resolution is necessary to authorize the House to resume
sitting in its Chamber after sitting in another structure.
On Dec. 28, 1950,<SUP>(18)</SUP> Mr. Albert Thomas, of Texas,
offered a resolution to adjourn, as follows:
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18. 96 Cong. Rec. 17021-22, 81st Cong. 2d Sess.
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Mr. Thomas: Mr. Speaker, I ask unanimous consent for the
immediate consideration of House Resolution 894.
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The Clerk read the resolution, as follows:
Resolved, That when the House adjourns Thursday, December
28, 1950, it adjourn to meet on Monday, January 1, 1951, at 12
o'clock meridian in the Hall of the House.
The Speaker pro Tempore:<SUP>(19)</SUP> Is there objection to
the request of the gentleman from Texas?
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19. Wilbur D. Mills (Ark.).
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Mr. Arends:<SUP>(20)</SUP> Reserving the right to object, Mr.
Speaker, will the gentleman explain the resolution to the House? I
am sure we are interested in it.
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20. Mr. Leslie C. Arends (Ill.).
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Mr. Thomas: This resolution simply makes it legal for the House
to move back into the Hall of the House, in the Capitol. It will be
ready Monday.
The House agreed to the resolution.
Secret Meetings
Sec. 4.3 An off-the-record meeting on war progress has been ruled not
an executive session of the House required to be held in the House
Chamber.<SUP>(1)</SUP>
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1. Compare Rule XXIX, House Rules and Manual Sec. 914 (1973) which
provides for secret sessions to be held in the House Chamber.
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On Oct. 18, 1943,<SUP>(2)</SUP> Majority Leader John W. McCormack,
of Massachusetts, announced that the Members of the House would meet
with the Chief of Staff of the Army and other generals in the
auditorium of the Library of Congress, for an off-the-record meeting of
the status of the war. Mr. John E. Rankin, of Mississippi, then
addressed the Speaker as follows:
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2. 89 Cong. Rec. 8433, 78th Cong. 1st Sess.
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Mr. Rankin: Mr. Speaker, If I remember correctly, the statement
of the gentleman is that this would be an executive session?
Mr. McCormack: Yes.
Mr. Rankin: Now, if we are going to hold executive sessions of
the House, there is only one place that we are authorized by law to
hold them, and that is in this Hall.
Mr. McCormack: This is not an executive session of Congress.
Mr. Rankin: It is going to be a secret session, and it ought to
be, and it ought to be held in the Hall of the House of
Representatives.
Mr. McCormack: This is not an executive session of Congress.
Mr. Rankin: It is unnecessary for the Congress of the United
States to be going off to some other building to hear these leaders
report on the war when we have the Hall of the House of
Representatives built and equipped for that purpose.
Will not the gentleman modify his request to have that meeting
here in this Hall?
The Speaker:<SUP>(3)</SUP> The Chair would not recognize the
gentleman for that purpose and the gentleman would not make such a
request.
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3. Sam Rayburn (Tex.).
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The time of the gentleman has expired.
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Sec. 4.4 The Majority Leader of the House, in setting the time of a
secret briefing of Members of Congress, did not state the place of
meeting, where the place was to be kept confidential.
On Jan. 23, 1945,<SUP>(4)</SUP> Speaker Sam Rayburn, of Texas,
recognized Majority Leader John W. McCormack, of Massachusetts, to make
the following announcement:
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4. 91 Cong. Rec. 435, 79th Cong. 1st Sess.
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Mr. Speaker, I desire again to announce to the Members of the
House that there will be a meeting held tomorrow morning at 9
o'clock. . . .
I am sure it will be a meeting we will all be pleased to attend
as General Marshall and Admiral King will be there. I am unable to
say who else will he there but these two outstanding leaders of our
armed forces will be there to speak to us, as I have said, in an
off-the-record discussion.
Parliamentarian's Note: The Members of the House were asked to keep
the place of the meeting secret; it was held in the Coolidge Auditorium
of the Library of Congress. The meeting, which dealt with the progress
of the war, was attended by 316 House Members, the Commissioners from
the Philippines and from Puerto Rico, the Delegate from Alaska, and 60
Members of the Senate.
Joint Meetings and Ceremonies Outside the House Chamber
Sec. 4.5 The Majority Leader of the House announced an informal joint
meeting of the Members of the two Houses, to be held in the Library
of Congress.
On May 23, 1950,<SUP>(5)</SUP> Majority Leader John W. McCormack,
of Massachusetts, announced that on Wednesday next, May 31, 1950, the
Members of the House would meet informally at the auditorium of the
Library of Congress to hear Secretary of State Dean Acheson in
connection with the meetings of the foreign ministers of the Atlantic
Pact countries. The Speaker was authorized to declare a recess subject
to the call of the Chair on Wednesday, May 31.
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5. 96 Cong. Rec. 7561, 81st Cong. 2d Sess.
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Sec. 4.6 A joint meeting has been held in the Senate Chamber pursuant
to an informal Senate invitation to the House, the unexpectedness
of a guest's arrival precluding formal arrangements.
On Dec. 26, 1941,<SUP>(6)</SUP> the Speaker pro tempore, William P.
Cole, Jr.,
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of Maryland, made the following announcement:
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6. 87 Cong. Rec. 10119, 77th Cong. 1st Sess.
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. . . On Wednesday last the majority leader of the Senate
informed the Chair that he had, in the name of the Senate, extended
an invitation to the Right Honorable Mr. Winston Churchill, Prime
Minister of Great Britain, to attend the session of the Senate
today at 12:30 o'clock p.m. and address them. Senator
Barkley,<SUP>(7)</SUP> on behalf of the Senate, asked me to extend
to the Members of the House an invitation to be present in the
Senate Chamber today at that time to hear the Prime Minister. Owing
to the shortness of the time, it was found impossible to make any
formal arrangements. The Chair has informally accepted for the
House the invitation of Senator Barkley, and those Members of the
House who wish to hear the Prime Minister will form in line in the
middle aisle, after the present occupant of the chair and the
majority and minority leaders, and proceed to the Senate Chamber.
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7. Sen. Alben W. Barkley (Ky.).
The House then recessed to attend the joint meeting in the Senate
Chamber.
Sec. 4.7 Pursuant to resolution, the House stands in session while
attending the inaugural ceremonies on the east front of the
Capitol.
On Jan. 16, 1961,<SUP>(8)</SUP> the House agreed to the following
resolution, offered by Mr. John W. McCormack, of Massachusetts:
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8. 107 Cong. Rec. 730, 87th Cong. 1st Sess.
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Resolved, That when the House adjourns on Wednesday, January
18, 1961, it stand adjourned until 11 a.m. Friday, January 20,
1961; that upon convening at that hour the House proceed to the
east front of the Capitol for the purpose of attending the
inaugural ceremonies of the President and Vice President of the
United States; and that upon the conclusion of the ceremonies the
House stand adjourned until Monday, January 23, 1961.