[HOUSE PRACTICE, 104th Congress, 2d Session]
[A Guide to the Rules, Precedents and Procedures of the House]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:hp_txt-3]
[Page 63-66]
[[Page 63]]
APPEALS
Sec. 1. In General; Forms
Sec. 2. When in Order
Sec. 3. When Not in Order
Sec. 4. Debate on Appeal
Sec. 5. Motions
Sec. 6. Withdrawal
Sec. 7. Effect of Adjournment
Research References
5 Hinds Secs. 6877, 6938-6952
8 Cannon Secs. 3435, 3452-3458
Manual Secs. 379, 624, 628, 637, 753, 803, 900
Sec. 1 . In General; Forms
The right to appeal from a decision of the Chair on a question of
order is derived from the English Parliament (Manual Sec. 379) and is
recognized under a rule (Rule I clause 4) of the House dating from
1789. Manual Sec. 624. This right of appeal, which may be invoked by
any Member, protects the House against arbitrary control by the
Speaker. 5 Hinds Sec. 6002.
Member: I respectfully appeal from the decision of the Chair.
Chair: The question is, shall the decision of the Chair stand as
the judgment of the House [or the Committee]?
An appeal is debatable but is subject to the motions for the
previous question or to table in the House. Secs. 4, 5, infra. The
vote on the appeal may be taken by roll call. 98-2, June 26, 1984, p
18861. A majority vote sustains the ruling appealed from (101-1, Aug.
1, 1989, p ____), and the weight of precedent indicates that a tie
vote (especially where the Chair has not voted to make the tie) does
as well. (4 Hinds Sec. 4569; see also 5 Hinds Sec. 6957). The Chair
may vote to make or break a tie (4 Hinds Sec. 4569; 5 Hinds Sec. 5686)
and may cast a vote in favor of his own decision (5 Hinds Sec. 6956).
An appeal from a ruling of the Chair goes only to the propriety of
the ruling; the vote thereon should not be interpreted as a vote on
the merits of the issue at hand. 102-1, June 26, 1991, p ____.
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Sec. 2 . When in Order
The right of appeal from decisions of the Speaker on questions of
order is specifically provided for by the House rules (Rule I clause
4). An appeal may also be taken from the ruling of the Chairman of the
Committee of the Whole on a question of order. 8 Cannon Secs. 3454,
3455; 95-1, June 7, 1977, p 17714; 96-1, May 16, 1979, p 1172. For
example, an appeal may be taken from a ruling of the Chair on the
germaneness of an amendment (98-2, June 26, 1984, p 18861) and has
been entertained on the question of whether a certain motion or
resolution gives rise to a question of privilege (99-1, Apr. 25, 1985,
p 9419; 104-1, Feb. 7, 1995, p ____). Decisions relating to the
priority of business are also subject to appeal. 5 Hinds Sec. 6952. It
has been held that an appeal is in order during a call of the House. 6
Cannon Sec. 681.
Sec. 3 . When Not in Order
The Speaker's decision on a question of order is not subject to an
appeal if the decision is one which falls within the discretionary
authority of the Chair. Rulings on questions involving vote counts,
for example, traditionally fall within this category. Thus, the
Chair's count of Members standing to support a demand for a recorded
vote under Rule I clause 5 is not subject to challenge by appeal (94-
2, June 24, 1976, p 20391). No appeal lies from the Speaker's count of
the House to determine whether one-fifth of those Members present have
risen to order the yeas and nays (95-2, Sept. 12, 1978, p 28949), from
the Chair's call of a voice vote, or from the Chair's count of a
quorum (93-2, July 24, 1974, p 25012).
Similarly, because the Chair is exercising discretionary
authority, no appeal lies from:
<box> Responses to parliamentary inquiries. 5 Hinds Sec. 6955; 8
Cannon Sec. 3457.
<box> Decisions on recognition. 2 Hinds Secs. 1425-1428; 8 Cannon
Secs. 2429, 2646, 2762; 102-2, Feb. 27, 1992, p ____.
<box> Decisions on dilatoriness of motions. 5 Hinds Sec. 5731;
Manual Sec. 803.
<box> Decisions refusing a recapitulation of a vote. 8 Cannon
Sec. 3128.
An appeal from a ruling of the Chair declining to consider the
question of the constitutionality of a provision is not in order. The
question of the constitutionality of a provision in a pending measure
is a matter for the House to determine by its vote on the merits,
rather than by voting on a possible appeal from the Chair's decision
declining to rule on that constitutional issue. 93-1, May 10, 1973, pp
15290, 15291.
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Appeals Changing a House Rule
An appeal from a ruling of the Chair is not in order if the effect
of the appeal, if sustained, would be to change a rule of the House,
the operative rule allowing the Chair no discretionary or interpretive
authority. Thus, the Speaker's refusal under Rule XV clause 6(e) to
entertain a point of order of no quorum when a pending question has
not been put to a vote is not subject to an appeal, since that rule
contains an absolute and unambiguous prohibition against such a point
of order; to allow an appeal in such a case would permit a direct
change in the rule itself. 95-1, Sept. 16, 1977, p 29594.
Untimely Appeals
An appeal is not in order if it is dilatory (8 Cannon Sec. 2822)
or if it is untimely. An appeal is not in order:
<box> While another appeal is pending. 5 Hinds Secs. 6939-6941.
<box> On a question on which an appeal has just been decided. 4
Hinds Sec. 3036; 5 Hinds Sec. 6877.
<box> During a call of the yeas and nays. 5 Hinds Sec. 6051.
<box> Between the motion to adjourn and vote thereon. 5 Hinds
Sec. 5361.
Sec. 4 . Debate on Appeal
Appeals are customarily subject to debate, both in the House and
the Committee of the Whole (8 Cannon Secs. 3453-3455), with
recognition being at the discretion of the Chair (8 Cannon Sec. 2347).
However, debate is not in order on an appeal from a ruling of the
Chair on the priority of business (5 Hinds Sec. 6952) or on a ruling
as to the relevancy of discussion on the floor (5 Hinds Secs. 5056-
5063).
Debate in the House on an appeal is under the hour rule, but may
be closed at any time by the adoption of a motion for the previous
question or to lay on the table. Manual Sec. 628. Debate on an appeal
in the Committee of the Whole is under the five-minute rule (8 Cannon
Secs. 2347, 3454, 3455), and may be closed by motion to close debate
or to rise and report. 5 Hinds Secs. 6947, 6950; 8 Cannon Sec. 3453.
Members may speak but once on appeal, unless by permission of the
House (Manual Sec. 624), the Chair alternating between those favoring
and those opposing. 8 Cannon Sec. 3455.
It is not in order in debating an appeal to discuss the merits of
the proposition under consideration at the time the decision was made.
5 Hinds Sec. 5055.
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Sec. 5 . Motions
After argument is heard on an appeal, a motion to lay the appeal
on the table is in order. If the motion is adopted, the appeal is
disposed of adversely (92-1, July 7, 1971, p 23810) and the ruling of
the Speaker is sustained. 102-2, June 16, 1992, p ____. Thus, an
appeal from the Speaker's decision--that a resolution did not present
a question of the privileges of the House--has been laid on the table.
93-2, June 27, 1974, pp 21596-98. And the House has tabled a motion to
reconsider the vote whereby an appeal from a decision of the Chair was
laid on the table. 90-2, Oct. 8, 1968, pp 30214-16. An appeal in
Committee of the Whole may not be laid on the table, since that motion
does not lie in the Committee. 4 Hinds Sec. 4719.
Other motions that may be offered pending an appeal include:
<box> A motion to postpone the appeal to a day certain (in the
House). 8 Cannon Sec. 2613.
<box> A motion for the previous question (in the House). 5 Hinds
Sec. 6947.
<box> A motion to close or limit debate (in the Committee of the
Whole). 5 Hinds Secs. 6947, 6950.
<box> A motion that the Committee rise and report to the House. 8
Cannon Sec. 3453.
Sec. 6 . Withdrawal
An appeal may be withdrawn at any time before action thereon by
the House. 5 Hinds Sec. 5354. An appeal can be withdrawn before the
question is put on a motion to lay the appeal on the table. See 90-1,
Nov. 28, 1967, p 34032. Ordering the yeas and nays on a motion to lay
an appeal on the table has been held sufficient House action as to
preclude withdrawal. 5 Hinds Sec. 5354.
Sec. 7 . Effect of Adjournment
An appeal pending at adjournment at the end of the day ordinarily
comes up for consideration on the next legislative day. 5 Hinds
Sec. 6945. However, an appeal pending at adjournment on a day set
apart for Private Calendar business and related to private business
goes over to the next day provided for consideration of business on
the Private Calendar. Where the House has adjourned and reconvened to
meet again on the same calendar day and the call of the Private
Calendar is still in order, the appeal comes up as unfinished
business. See 97-1, Nov. 17, 1981, pp 27772, 27773.