[Deschler's Precedents]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:52093c01_txt-9]
[Page 49-53]
CHAPTER 1
Assembly of Congress
B. PROCEDURE
Sec. 8. Procedure Before Adoption of Rules
Before the House has reached the stage of organization where the
standing rules are adopted, no specific rules of procedure are
technically binding upon the House,<SUP>(2)</SUP> except those required
by the Constitution.<SUP>(3)</SUP> Where organi
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zation proceeds smoothly, the lack of rules does not hamper the House
in its completion of opening business.<SUP>(4)</SUP> Where, however,
election contests arise, or debate and challenges prevent the
completion of the call of the Clerk's roll, the House may find it
necessary to adopt, before the Speaker's election, specific rules as to
debate and decorum, in order to facilitate the organization of the
House.<SUP>(5)</SUP> The House may either draft a specific rule
authorizing the officers of the preceding Congress to preserve order
and decorum,<SUP>(6)</SUP> or temporarily adopt from the rules of the
preceding House only that portion relating to order and
decorum<SUP>(7)</SUP> Similarly, the House may provide by specific
rule, before the election of the Speaker, for limitation on
debate,<SUP>(8)</SUP> and for opening sessions with
prayer.<SUP>(9)</SUP>
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2. Although at one time the House provided for adopted rules to
continue in succeeding Congresses (5 Hinds' Precedents
Sec. 6743), it was finally determined in 1889 and 1890 that one
House could not by rule bind its successor (5 Hinds' Precedents
Sec. 6747).
3. The Constitution requires in art. I, Sec. 5, clause 1 that a quorum
be present to do business but authorizes a smaller number to
adjourn from day to day and to compel the attendance of absent
Members. Art. I, Sec. 5, clause 3 requires a Journal to be kept
and authorizes one-fifth of the Members present to order the
yeas and nays.
4. See, e.g., Sec. Sec. 5.1, 6.1, and 7.1, supra.
5. See, generally, 1 Hinds' Precedents Sec. Sec. 93-102.
6. See 1 Hinds' Precedents Sec. 101.
7. See 1 Hinds' Precedents Sec. Sec. 96-98, 102.
8. See 1 Hinds' Precedents Sec. Sec. 94-95.
9. See 1 Hinds' Precedents Sec. Sec. 99-100.
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While the Clerk is presiding he does recognize
Members,<SUP>(10)</SUP> but only those whose names are on the
roll,<SUP>(10)</SUP> and will entertain the motion to
adjourn,<SUP>(12)</SUP> the demand for a yea and nay
vote,<SUP>(13)</SUP> the motion to correct the roll,<SUP>(14)</SUP> the
motion to proceed to the election of a Speaker,<SUP>(15)</SUP> and the
motion to elect a chairman in place of the Clerk.<SUP>(16)</SUP>
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10. 1 Hinds' Precedents Sec. 74.
11. 1 Hinds' Precedents Sec. 86. The Clerk may refuse to recognize a
Member-elect who seeks to interrupt the call of the roll,
particularly if the name of the Member-elect is not on the
roll. 1 Hinds' Precedents Sec. 84.
12. See 1 Hinds' Precedents Sec. Sec. 67, 89, 92. The House may adjourn
for more than one day prior to the election of a Speaker. 1
Hinds' Precedents Sec. 89.
13. 1 Hinds' Precedents Sec. 91.
14. 1 Hinds' Precedents Sec. Sec. 19-21, 25. In some cases, it has been
held that the Clerk may not entertain the motion to correct the
roll, on the ground that the preparing of the Clerk's roll is
governed by statute (2 USC Sec. 26) and is not discretionary.
See 1 Hinds' Precedents Sec. Sec. 22-24.
15. See 1 Hinds' Precedents Sec. Sec. 212-14.
16. See 1 Hinds' Precedents Sec. 66. When the Clerk refused to put any
motion except that to adjourn, a Member-elect offered a
resolution to elect a chairman from the floor. 1 Hinds'
Precedents Sec. 67.
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As to other proposed motions, the general rule is that the Clerk
may entertain only those propo
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sitions consistent with the organization of the House.<SUP>(17)</SUP> One
Clerk refused to entertain any motion but that to adjourn, and even declined
to put a motion to approve the last day's Journal.<SUP>(18)</SUP> Other
Clerks have presided at convening over the passage of resolutions,
pertinent to organization, where the previous question and the motion
to lay on the table were invoked.<SUP>(19)</SUP>
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17. 1 Hinds' Precedents Sec. 80. See. in general, Sec. 5, supra.
18. 1 Hinds' Precedents Sec. Sec. 67, 92. The refusal of the Clerk to
entertain the motion to approve the last day's Journal
prevented the reading of the Journal for several days. 1 Hinds'
Precedents Sec. 92.
19. See 1 Hinds' Precedents Sec. Sec. 68-70, 75 20.
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Debates over the Clerk's authority as presiding
officer<SUP>(20)</SUP> have, however, established a number of
procedural guidelines; there is no longer any question as to the
Clerk's power to preside at the beginning of a Congress,<SUP>(1)</SUP>
nor is there doubt that he lacks authority to resolve election contests
before the election of a Speaker.<SUP>(2)</SUP>
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20. See, in general, 1 Hinds' Precedents Sec. Sec. 64-80.
1. For the derivation of the Clerk's authority to preside, see Sec. 5,
supra.
2. 2 USC Sec. 26 and 2 USC Sec. Sec. 381-96 strictly govern the
preparation of the Clerk's roll and the procedure for election
contests. See 6 Cannon's Precedents Sec. 2, for an instance
where the Clerk stated, as a basis for his actions, the terms
of 2 USC Sec. 26.
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In recent years, Members-elect have refrained from challenging the
Clerk's roll or impeding the swift election of a Speaker,<SUP>(3)</SUP>
and there has been little if any contemporary dispute as to the
procedure to be followed before the election of a Speaker.
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3. The last major contest over the election of a Speaker occurred in
1923. See 6 Cannon's Precedents Sec. 24.
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After the election of the Speaker and before adoption of the
standing rules, he entertains those motions which have been recognized
by precedent to apply under general parliamentary law (Sec. 9 discusses
those motions in detail). As no rule establishing an order of business
has at that point been adopted, it is in order for any Member who is
recognized by the Chair to offer a proposition relating to organization
without asking the consent of the House.<SUP>(4)</SUP> However,
unanimous-consent requests and extensions of remarks are permitted at
organization only in the Speaker's discretion, and when they are
pertinent to organization. For example, remarks in honor of late
Members of Congress are regularly admitted.<SUP>(5)</SUP> (The House
often adjourns out of
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4. 4 Hinds' Precedents Sec. 3060.
5. See Sec. Sec. 8.1, 8.2, infra.
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respect to deceased Members on opening day, after
completing organizational business.)<SUP>(6)</SUP> Mes
sages are received during organization at the Speaker's discretion; an
important Senate message may be received and read even between the
ordering of the previous question on a proposition and the actual
calling of a yea and nay vote.<SUP>(7)</SUP>
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6. See Sec. 8.2, infra.
7. See Sec. 8.3, infra. While the Clerk is presiding, however,
messages even from the President are received but not read
pending the election of a Speaker. See 5 Hinds' Precedents
Sec. Sec. 6747-49.
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Unanimous-Consent Requests During Organization
Sec. 8.1 The Speaker announced, prior to the adoption of the rules,
that he would recognize a Member to announce the death of the
President pro tempore of the Senate, but that no other unanimous-
consent request would be permitted except to correct the Record.
On Jan. 22, 1971,<SUP>(8)</SUP> Speaker Carl Albert, of Oklahoma,
made the following announcement:
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8. 117 Cong. Rec. 131, 92d Cong. 1st Sess.
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The Chair would like to make an announcement at this time. The
Chair is going to recognize the gentleman from Georgia (Mr.
Landrum) at this time. This is for the purpose of announcing the
death of a great Member of Congress.<SUP>(9)</SUP>
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9. Senator Richard B. Russell, Jr. (Ga.).
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The Chair will take requests to correct the Record, but until
we have adopted the rules of the House, the Chair will appreciate
the indulgence of Members on other personal requests.
The Chair now recognizes the gentleman from Georgia.
Sec. 8.2 The Speaker may grant permission to all Members to extend
remarks in the Record on opening day, where the House adjourns out
of respect to a deceased Member.
On Jan. 10, 1966,<SUP>(10)</SUP> Mr. Hale Boggs, of Louisiana, made
the following request:
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10. 112 Cong. Rec. 7, 36, 89th Cong. 2d Sess.
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Mr. Speaker,<SUP>(11)</SUP> I ask unanimous consent that on
today, and without making the procedure a precedent, all Members
may have permission to extend their remarks in the Record and to
include pertinent material therewith.
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11. Speaker pro tempore Carl Albert (Okla.).
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There were no objections. After further business, the House
adjourned as a mark of respect to the late Honorable Herbert C. Bonner.
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Interruption at Organization by Messages
Sec. 8.3 Before the adoption of rules, the Chair received a
message from the Senate between the time the yeas and nays were
ordered on the previous question and the time the roll was called.
On Jan. 3, 1969,<SUP>(12)</SUP> after the ordering of the yeas and
nays on a motion for the previous question, Speaker John W. McCormack,
of Massachusetts, received a message from the Senate as to a concurrent
resolution to fix the date of the electoral count. Following receipt of
that message the roll was called on the pending yea and nay vote.
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12. 115 Cong. Rec. 22, 91st Cong. 1st Sess.
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