[Deschler's Precedents]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:52093c01_txt-8]
[Page 42-49]
CHAPTER 1
Assembly of Congress
A. MEETING AND ORGANIZATION
Sec. 7. Business Under Speaker as Presiding Officer
After the Speaker has been elected and sworn at the beginning of a
new Congress, he presides over the completion of all organizational
business.<SUP>(12)</SUP> The three most important stages that remain
after the election of the Speaker, and which are required by the
Constitution, are the administration of the oath to Members-
elect,<SUP>(13)</SUP> the election of officers,<SUP>(14)</SUP> and the
adoption of the rules of the House.<SUP>(15)</SUP> Another essential
step which the Speaker takes, although not required by the
Constitution, is the administration of the oath of office to the Clerk
and to the other officers of the House.<SUP>(16)</SUP> There are
various
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other necessary orders of business which take place before organization
is finished, such as notification to the Senate and to the President of
the assembly of the House,<SUP>(17)</SUP> provision for a joint session
to hear the President,<SUP>(18)</SUP> and adoption of standing
orders.<SUP>(19)</SUP>
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12. See Sec. 7.1, infra.
13. U.S. Const. art. VI, clause 3. For detailed analysis, see Ch. 2,
infra.
14. U.S. Const. art. I, Sec. 2, clause 5. See Ch. 6, infra.
15. U.S. Const. art. I, Sec. 5, clause 2. See Sec. 10, infra.
16. 2 USC Sec. 25 requires the administration to the Clerk of the oath
to support the Constitution of the United States. Rule II,
House Rules and Manual Sec. 635 (1973) provides for Clerk,
Sergeant at Arms, Doorkeeper, Post Master, and Chaplain to take
the oath to support the Constitution; although not binding at
organization, the law and rule exert persuasive effect upon the
administration of that oath to the officers. The rule also
provides for an oath of secrecy to be taken by the officers of
the House, but this requirement has faded into obsolescence. 1
Hinds' Precedents Sec. 187.
17. See 1 Hinds' Precedents Sec. 198 and Sec. 7.1, infra.
18. U.S. Const. art. II, Sec. 3, provides for the President to give to
the Congress from time to time information on the state of the
Union and to recommend measures. Up to 1801 the President made
a speech to Congress upon its assembly, but between 1801 and
1913 messages were sent in writing, 5 Hinds' Precedents
Sec. 6629. The practice of an oral state of the Union message
at assembly has been followed since 1913 to the present, with
several exceptions. 8 Cannon's Precedents Sec. 3333. No
Presidential message was delivered at the opening of the 93d
Congress, but the President transmitted his intention to send
messages from time to time to the Congress. See, in general,
Ch. 35, infra.
19. The only standing order commonly used is that to fix the hour of
daily meeting; see Sec. 3, supra.
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Swearing in the Members, electing the officers, and adopting the
rules are only mentioned here, as these topics are dealt with elsewhere
in this work. It should be briefly stated, however, that the Speaker's
authority in presiding over those procedural steps is carefully
restricted by precedent: he possesses no arbitrary power to administer
the oath, and must ask a Member-elect to step aside if his right to
take the oath is challenged;<SUP>(20)</SUP> a majority vote is required
for the election of officers,<SUP>(1)</SUP> who are usually chosen by
resolution and not by the viva voce vote suggested by Rule II of the
House Rules and Manual;<SUP>(2)</SUP> in proceeding to the adoption of
rules, the House is governed by general parliamentary law, with weight
given to the precedents and usages of past Congresses.<SUP>(3)</SUP>
There is, in addition, a traditional sequence of organizational busi
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ness which the House follows, although minor variations have been
permitted in past Congresses.<SUP>(4)</SUP>
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20. See Ch. 2, infra.
1. See Ch. 6, infra.
2. House Rules and Manual Sec. 635 (1973). If the officers are elected
before the adoption of rules, as is the usual practice, Rule
II, requiring a viva voce vote, is not followed (see Sec. 7.1,
infra). If elected after adoption of rules, the officers may be
chosen by resolution if no objection is made. 1 Hinds'
Precedents Sec. Sec. 191-96.
3. See 5 Hinds' Precedents Sec. Sec. 6758-60. See also, in general,
Sec. 10, infra.
4. The sequence of organizational steps, which appears at Sec. 7.1,
infra, is derived both from custom (see 1 Hinds' Precedents
Sec. 81) and from statute. ``At the first session of Congress
after every general election of Representatives, the oath of
office shall be administered by any Member of the House of
Representatives to the Speaker; and by the Speaker to all the
Members and Delegates present, and to the Clerk, previous to
entering on any other business. . . .'' 2 USC Sec. 25. For
rulings upholding the priority of the swearing in of Members
and the election of the Clerk before adoption of the rules or
other business, based upon the Act of June 1, 1789, Ch. 1,
Sec. 2, 1 Stat. 23 (the former version of 2 USC Sec. 25, whose
1948 amendments left untouched the language above), see 1
Hinds' Precedents Sec. Sec. 130, 140, 180, 237, 241, 243; 5
Hinds' Precedents Sec. Sec. 6647-49. For occasions where
variations were upheld, see: 1 Hinds' Precedents Sec. Sec. 242,
244 (business transacted before election of the Clerk); 1
Hinds' Precedents Sec. Sec. 93, 245 (rules adopted before
election of the Clerk); 1 Hinds' Precedents Sec. Sec. 198-203,
240 (in the practice of early Congresses, the Senate and the
President were informed of the organization of the House and
election of the Speaker before the election of the Clerk); 6
Cannon's Precedents Sec. 24 (procedure for adoption of rules
presented before the election of the Speaker).
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Besides initiating organizational steps enumerated above, the
Speaker has other related duties to perform.<SUP>(5)</SUP> He relays to
the House information from the Speaker of the preceding Congress on
official actions taken during the adjournment sine die, such as
appointments to commissions, certification to the U.S. Attorney of
contempt cases arising in committees of the preceding Congress,
resignations effective during adjournment, and communications from
foreign governments received during adjournment.<SUP>(6)</SUP> In
addition, recesses have been declared by the Speaker during
organization, without a motion being put.<SUP>(7)</SUP>
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5. One of the informal functions of the Speaker has been control of
press coverage on the opening day of a session. See, e.g., 92
Cong. Rec. 20, 79th Cong. 2d Sess., Jan. 15, 1946.
6. See Sec. Sec. 7.7-7.10, infra.
7. See Sec. Sec. 7.2, 7.3, infra.
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At the opening day of a new session of the same Congress, the
Speaker similarly presides over organization, which consists primarily
of ceremonial and informational activities.<SUP>(8)</SUP> As Members
have already been sworn, rules have already been adopted, and officers
have been elected, the Speaker merely lays before the
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House letters of resignations effective during adjournment and then
ascertains the presence of a quorum.<SUP>(9)</SUP> The Senate and the
President are notified of the assembly of the House, and a joint
session is fixed for the receipt of the Presidential message. Standing
orders of the first session must be renewed.<SUP>(10)</SUP>
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8. For the procedure, in general, see Sec. Sec. 7.5, 7.6, infra.
9. See Sec. 7.5, infra.
10. Standing orders expire with the session. Jefferson's Manual, House
Rules and Manual Sec. 386 (1973).
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If the Speaker is to be absent on the day set for the convening of
a consecutive session of the same Congress, the House may be called to
order by a Speaker pro tempore if the Speaker has designated one for
that specific purpose.<SUP>(11)</SUP>
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11. See Sec. 7.4. If a Speaker pro tempore has not been designated, the
Clerk calls the House to order in the Speaker's absence. 1
Hinds' Precedents Sec. 227.
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Organizational Steps With Speaker Presiding
Sec. 7.1 Following the election of the Speaker at the opening of a new
Congress, he presides over the following organizational steps in
sequence: administration of the oath to Members-elect; election of
officers and administration of oath to them; passage of resolution
to notify the Senate of a quorum in the House; passage of
resolution authorizing the Speaker to appoint a committee to notify
the President of Congress' assembly; report of that committee,
informing the House of the time of the Presidential message;
passage of concurrent resolution for a joint session to hear the
President; adoption of the rules of the House; passage of
resolution fixing the daily hour of meeting.
On Jan. 10, 1967,<SUP>(12)</SUP> after the House had elected John
W. McCormack, of Massachusetts, Speaker, he swore in the Members-elect
all at one time, directing those whose right to be sworn was challenged
to step aside. After debate on the swearing in of a challenged Member,
the House elected by resolution the Clerk, Sergeant at Arms,
Doorkeeper, Post Master, and Chaplain, who were all administered the
oath of office by the Speaker. There were then passed three
resolutions, one to notify the Senate of the organization of the House,
one to appoint a committee to notify the President of the assembly of
Con
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gress, and one to notify the President of the election of the Speaker
and the Clerk of the House. A resolution to adopt the rules of the
preceding Congress was offered, and the House passed the resolution,
with an amendment. After resignations were laid before the House, a
resolution was passed fixing the daily hour of meeting, and the report
of the committee to notify the President of the assembly of Congress
was received. The concurrent resolution providing for a joint session
to hear the state of the Union message from the President was offered
and passed by unanimous consent.
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12. 113 Cong. Rec. 14-34, 90th Cong. 1st Sess.
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Authority of Speaker to Declare Recess During Organization
Sec. 7.2 The House may authorize the Speaker to declare recesses at any
time, subject to the call of the Chair, during organization.
On Jan. 10, 1967,<SUP>(13)</SUP> the opening day of a new Congress,
the House granted unanimous consent that it be in order for Speaker
John W. McCormack, of Massachusetts, to declare a recess at any time
during the day.
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13. 113 Cong. Rec. 34, 90th Cong. 1st Sess.
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Sec. 7.3 On the opening day of a session, the Speaker declared the
House in recess, on his own initiative and without objection.
On Jan. 7, 1964,<SUP>(14)</SUP> Speaker John W. McCormack, of
Massachusetts, declared the House to stand in recess, without the
motion being put, in order to await the report of the committee
appointed to ask the President if he had any communication to make to
the Congress.
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14. 110 Cong. Rec. 5, 88th Cong. 2d Sess.
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Presiding Officer in Absence of Speaker at Convening
Sec. 7.4 The Speaker being absent on the day set for the convening of
the second session, the House is called to order by a Speaker pro
tempore if he has been previously designated by the Speaker for
that purpose.
On Jan. 10, 1966,<SUP>(15)</SUP> the convening date of the second
session of the 89th Congress, Speaker pro tempore Carl Albert, of
Oklahoma, called the House to order and laid the following
communication before the House:
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15. 112 Cong. Rec. 5, 89th Cong. 2d Sess. For the procedure where the
Speaker has died between sessions, see Sec. 6, supra.
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The Speaker's Rooms,
U.S. House of Representatives,
Washington, D.C., January 10, 1966:
I hereby designate the Honorable Carl Albert to act as
Speaker pro tempore today.
John W. McCormack,
Speaker of the House of Representatives.
Procedure at Opening of Consecutive Session
Sec. 7.5 After calling the House to order and following the opening
prayer at the beginning of a new session of an existing Congress,
the Speaker lays before the House letters of resignations which
became effective during the adjournment and then causes the roll to
be called alphabetically to establish a quorum.
On Jan. 10, 1966,<SUP>(16)</SUP> following the call to order and
prayer at the beginning of the second session, Speaker pro tempore Carl
Albert, of Oklahoma, laid before the House the resignation of a Member
of the House effective Dec. 30, 1965, and then directed the Clerk to
call the roll to establish a quorum. The roll was called in
alphabetical order.
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16. 112 Cong. Rec. 5, 6, 89th Cong. 2d Sess.
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Sec. 7.6 After a quorum is established at the opening of a second
session, the House takes the following organizational steps:
provision for recess on the day of the joint session to receive the
President's state of the Union message; authorization to the
Speaker to appoint a committee to notify the President of the
assembly of Congress; notification to the Senate of the assembly of
the House; receipt of the report of the committee to notify the
President; passage of resolution to fix the daily hour of meeting;
passage of concurrent resolution to set the joint session for the
President's message.
On Jan. 6, 1948,<SUP>(17)</SUP> Speaker Joseph W. Martin, Jr., of
Massachusetts, called the House to order. By unanimous consent, the
Speaker was then authorized to declare a recess at any time subject to
the call of the Chair on Jan. 7, 1948, and was empowered by resolution
to appoint three members of the committee to notify the President of
the United States of the assembly of Congress. A resolution was then
offered and passed to direct the Clerk of the House to inform the
Senate that a quorum was established in the House and that
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the House was ready to proceed
with business. The committee to notify the President reported that the
President would deliver his message to the Congress on Jan. 7, 1948.
The House passed a resolution fixing the daily hour of meeting of the
House, and a concurrent resolution setting Jan. 7 as the date for the
joint session to hear the state of the Union message from the
President.
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17. 94 Cong. Rec. 4, 5, 80th Cong. 2d Sess.
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Announcement of Official Actions During Adjournment
Sec. 7.7 When the Speaker of the preceding Congress, acting under
authority conferred by the House, makes appointments during
adjournment sine die, he informs the House thereof at the convening
of a new Congress.
On Jan. 4, 1965,<SUP>(18)</SUP> Speaker John W. McCormack, of
Massachusetts, informed the House that he had appointed four Members of
the House of Representatives to the Lewis and Clark Trail Commission
during adjournment sine die.
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18. 111 Cong. Rec. 25, 89th Cong. 1st Sess.
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Sec. 7.8 Where the Speaker, subsequent to sine die adjournment,
certifies to the U.S. Attorney a contempt case arising in a
committee, he notifies the House at the opening day of the new
Congress through its new Speaker.
On Jan. 5, 1955,<SUP>(19)</SUP> Speaker Sam Rayburn, of Texas, laid
the following communication before the House:
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19. 101 Cong. Rec. 11 84th Cong. 1st Sess.
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January 5, 1955.
The Speaker,
House of Representatives,
United States, Washington, D.C.
Dear Mr. Speaker: I desire to inform the House of
Representatives that subsequent to the sine die adjournment of the
83d Congress the Committee on Un-American Activities reported to
and filed with me as Speaker a statement of facts concerning the
refusal of Lee Lorch, Robert M. Metcalf, and Norton Anthony Russell
to answer questions before the said committee of the House, and I,
pursuant to the mandatory provisions of Public Resolution 123, 75th
Congress, certified to the United States attorney, southern
district of Ohio, the statement of facts concerning the said Lee
Lorch and Robert M. Metcalf on December 7, 1954, and certified to
the United States attorney, District of Columbia, the statement of
facts concerning the said Norton Anthony Russell on December 7,
1954.
Respectfully,
Joseph W. Martin, Jr.
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Announcements of Resignations and Communications of Foreign Governments
Sec. 7.9 At the organization of a new Congress, the Speaker laid before
the House responses of foreign governments to resolutions extending
greetings to them.
On Jan. 5, 1955,<SUP>(20)</SUP> Speaker Sam Rayburn, of Texas, laid
before the House a communication from Thruston B. Morton, Assistant
Secretary of State, informing the House that the legislative assembly
of the Gold Coast had passed a resolution on Oct. 27, 1954, thanking
the Congress of the United States for the greetings contained in a
joint resolution of the 83d Congress, and extending an invitation to a
congressional delegation to represent the United States at the
ceremonies marking the attainment of independence for the Gold Coast.
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20. 101 Cong. Rec. 11, 12, 84th Cong. 1st Sess.
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Sec. 7.10 Letters notifying the Speaker of resignations effective
during adjournment sine die are laid before the House upon the
convening of a new Congress.
On Jan. 4, 1965,<SUP>(1)</SUP> Speaker John W. McCormack, of
Massachusetts, laid before the House a letter from Mr. Ross Bass, of
Tennessee, resigning his seat in the House of Representatives, and a
letter from Frank G. Clement, the Governor of Tennessee, informing the
Speaker of the receipt of the resignation of Mr. Bass.
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1. 111 Cong. Rec. 25, 89th Cong. 1st
Sess. -------------------
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