[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-37]
[Page 633-646]
[[Page 633]]
POINTS OF ORDER; PARLIAMENTARY INQUIRIES
A. Points of Order
Sec. 1. In General; Form
Sec. 2. Role of the Chair
Sec. 3. Reserving Points of Order
Sec. 4. Time to Raise Points of Order
Sec. 5. -- Against Bills and Resolutions
Sec. 6. -- Against Amendments
Sec. 7. Application to Particular Questions; Grounds
Sec. 8. Relation to Other Business
Sec. 9. Debate on Points of Order; Burden of Proof
Sec. 10. Waiver of Points of Order
Sec. 11. Withdrawal of Points of Order
Sec. 12. Appeals
B. Parliamentary Inquiries
Sec. 13. In General; Recognition
Sec. 14. Subjects of Inquiry
Sec. 15. Timeliness of Inquiry
Sec. 16. As Related to Other Business
Research References
5 Hinds Secs. 6863-6975
8 Cannon Secs. 3427-3458
Manual Secs. 627, 637, 861b, 865
A. Points of Order
Sec. 1 . In General; Form
Generally
A point of order is in effect an objection that the pending matter
or proceeding is in violation of a rule of the House. (Grounds for
point of order, see Sec. 7, infra.) Any Member (or any Delegate) may
make a point of order. 6 Cannon Sec. 240. Although there have been
rare instances in which the Speaker has insisted that the point of
order be reduced to writing (5
[[Page 634]]
Hinds Sec. 6865), the customary practice is for the Member to rise and
address the Chair:
Member: Mr. Speaker (or Mr. Chairman), I make a point of order
against the [amendment, section, paragraph].
Chair: The Chair will hear the gentleman.
It is appropriate for the Chair to determine whether the point of
order is being raised under a particular rule of the House. The
objecting Member should identify the particular rule that is the basis
for his point of order. 98-2, Oct. 2, 1984, p 28522.
The proper method for opposing a point of order is to seek
recognition for that purpose at the proper time, not by making a point
of order against the point of order. 94-1, Sept. 18, 1975, p 29333.
Effect
Where a point of order is sustained against the consideration of a
bill, the bill is recommitted to the reporting committee (4 Hinds
Sec. 4382) or to its place on the appropriate calendar (7 Cannon
Sec. 869). If a bill is on the wrong calendar and the Chair sustains a
point of order against it for that reason, the bill is placed on the
appropriate calendar. 7 Cannon Sec. 869.
During the consideration of a bill, if a Member raises a point of
order against certain language, and the Chair sustains the point of
order, the language is automatically stricken from the pending
proposition. 7 Cannon Sec. 2148.
Paragraphs ruled out in Committee of the Whole on points of order
are not reported to the House. 4 Hinds Sec. 4906; 8 Cannon Sec. 2428.
Under the former practice, it was necessary to reserve points of order
against appropriation bills before resolving into Committee, but this
practice was eliminated in 1995 when the House adopted Rule XXI clause
8 (adopted in the 104th Congress, Jan. 4, p ____). Under clause 8,
points of order on general appropriation bills are ``considered as
reserved.'' Manual Sec. 849a.
A point of order against any part of an amendment, if sustained,
is sufficient to invalidate the entire amendment. 5 Hinds Sec. 5784;
91-2, June 16, 1970, p 19841. A point of order may be directed against
an entire section of a bill or may be precisely aimed at a subpart
thereof. However, the entire section is vulnerable, and if a point of
order is sustained against a portion of a pending section the entire
section may be ruled out of order. 92-1, Nov. 4, 1971, pp 39281,
39286. A point of order may be sustained against an entire paragraph,
although only a portion is subject to objection. 5 Hinds Sec. 6883.
The stricken paragraph's headings and subheadings are likewise
eliminated. 8 Cannon Sec. 2353.
[[Page 635]]
Multiple Points of Order
It is within the discretion of the Chair as to whether he will
entertain more than one point of order to a paragraph at the same
time. 89-2, Mar. 29, 1966, p 7103. As a rule, the Chair will decline
to decide a point of order raised against a proposition until all
other points of order on the same proposition have been submitted. 8
Cannon Sec. 2310. Indeed, the Chair may in his discretion require all
points of order against a pending proposition for alleged violation of
a particular House rule to be stated at the same time. This allows the
Chair to rule separately on each point of order in such order as he
determines. This procedure enables the Chair to save the time of the
House by hearing all points of order and then sustaining any valid
point of order without reaching all the others. 94-2, Sept. 28, 1976,
p 33020. Thus, where several points of order are made against an
amendment and the Chair sustains one of them, he need not rule on the
remaining points of order as the amendment is no longer pending. 95-2,
June 14, 1978, p 17647. Where the Chair entertains two points of order
against a provision, he may sustain only one of them even though both
points of order are conceded by the manager of the bill. 99-2, Aug. 1,
1986, p 18650.
Cross References
Points of order based on particular rules or against particular
propositions are considered in many other articles in this work. See
for example Amendments; Appropriations; Consideration and Debate;
Germaneness of Amendments.
Sec. 2 . Role of the Chair
Generally
In the House, under the rules, the Speaker decides ``all questions
of order, subject to an appeal by any Member.'' Rule I clause 4.
Manual Sec. 624. When a Speaker pro tempore occupies the Chair he
decides questions of order. When the House is in Committee of the
Whole the Chairman decides independently of the Speaker. 5 Hinds
Secs. 6927, 6928. At the organization of a new Congress, prior to the
election of a Speaker, questions of order are decided by the Clerk.
Manual Sec. 637. See also 1 Hinds Sec. 64.
The Chair may examine the form of an offered amendment to
determine its propriety and may rule it out of order even where no
point of order is raised from the floor. 96-2, May 8, 1980, p 10421.
Ordinarily, however, the Chair will rule out a proposition only when a
point of order is raised, and only when he is required under the
circumstances to respond to the point of order. 98-1, June 7, 1983, p
14657. It is not the duty of the Speaker
[[Page 636]]
to decide any question which is not directly presented in the course
of the proceedings of the House. 2 Hinds Sec. 1314.
The Speaker may decline to rule on a point of order until he has
had time for examination and study (3 Hinds Sec. 2725; 8 Cannon
Secs. 2174, 2396) and on rare occasions he has submitted a question to
the House itself for a decision (4 Hinds Secs. 3282, 4930; 5 Hinds
Sec. 5323). In reaching a decision on a point of order, the Chair may
hear argument.
Where a special rule has been adopted permitting only certain
amendments to be offered to a bill during its consideration in
Committee of the Whole, the Chair is guided by the explicit language
of the rule, if unambiguous, rather than the intention of the
Committee on Rules, in ruling on whether a specific amendment is in
the permitted class. 99-2, June 18, 1986, p 14267.
The Chair may consider legislative history established during
debate on an amendment in resolving any ambiguity in the amendment
when ruling on a point of order against it. 95-2, June 14, 1978, p
17651.
Consideration of Prior Rulings; Reversals
A decision by the Speaker or Chairman is a precedent in resolving
subsequent disputes where the same point of order is again in
controversy. In looking to precedents to resolve a point of order, the
House is applying a doctrine familiarly known to appellate courts as
stare decisis, under which a judge in making a decision will look to
earlier cases involving the same question of law. In the same way, the
House adheres to settled rulings, and will not lightly disturb those
which have been established by prior decision of the Chair. 2 Hinds
Sec. 1317; 6 Cannon Sec. 248; 1 Deschler p vi. But while the Chair
will normally not disregard a decision previously made on the same
facts, such precedents may be examined, distinguished and even
overruled where shown to be erroneous. 4 Hinds Sec. 4637; 8 Cannon
Secs. 2794, 3435; 99-2, Sept. 12, 1986, p 23178. Indeed the Chair may
after further argument reverse his own ruling on a point of order (8
Cannon Sec. 3435), where existing law not previously called to the
Chair's attention would require the ruling to be reversed (98-1, June
8, 1983, p 14877).
Sec. 3 . Reserving Points of Order
Generally
A point of order against a proposition may be ruled out as
untimely if it is not made until after debate on the proposition has
begun. Sec. 4, infra. It is therefore a common practice for a Member
to reserve a point of order against an amendment and then, after
debate on an amendment, either press
[[Page 637]]
or withdraw the point of order. 8 Cannon Sec. 3430; 91-1, Oct. 28,
1969, pp 31886, 31888. Reserving points of order against amendments,
see Amendments.
The reservation of a point of order against an amendment is
permitted at the discretion of the Chair and does not require
unanimous consent. 93-2, Mar. 26, 1974, p 8264; 97-1, Oct. 14, 1981,
pp 23882, 23884. A Member wishing to reserve a point of order must
rise and address the Chair, and may not reserve a point of order
through private agreement with the Member in charge of the bill. 5
Hinds Sec. 6867. The reserving Member need not specify the basis of
his reservation. 93-1, July 19, 1973, pp 24950, 24951. But merely
reserving ``the right to object'' does not constitute the reservation
of a point of order. 92-2, Apr. 18, 1972, p 13114.
Effect of Withdrawal
The reservation of a point of order being withdrawn, another
Member may immediately renew it (86-1, July 28, 1959, p 14524), or
press another point of order (87-2, Mar. 27, 1962, p 5164). Thus,
where a Member reserves a point of order against an amendment and
then, after debate on the amendment, withdraws the point of order, the
point of order may be renewed by another Member. 91-1, Oct. 28, 1969,
pp 31886, 31888. Withdrawal of points of order generally, see Sec. 11,
infra.
Sec. 4 . Time to Raise Points of Order
Generally
Unless otherwise provided by the House rules, a point of order
against a proposition should be made when the proposition is presented
for consideration, not after such consideration has begun. 5 Hinds
Sec. 6888. This rule is applied to points of order against bills and
resolutions as well as points of order against various motions, such
as the motion to recommit. A point of order against a motion to
recommit a bill on the basis that it contains an amendment seeking to
change an amendment already adopted by the House must be made after
the motion is read, and comes too late after there has been debate
thereon. 97-2, May 13, 1982, p 9838. A point of order against a report
involving the privileges of the House is properly raised after the
report is read. 89-2, Oct. 18, 1966, pp 27439-48.
Under the rules of the House, certain points of order may be
raised ``at any time.'' For example, a point of order may be raised
``at any time'' under clause 5(a) Rule XXI, which prohibits the
inclusion of appropriations in a bill reported by a legislative
committee. Manual Sec. 846a. A point of order may likewise be raised
``at any time'' under Rule XXI clause 5(b),
[[Page 638]]
which prohibits committees from reporting tax or tariff measures if
they do not have jurisdiction over such measures. Manual Sec. 846b.
Such a point of order may be directed against the prohibited language
whether appearing in a bill or an amendment thereto, but in either
case should be raised during the reading for amendment under the five-
minute rule. See Deschler Ch 25 Sec. 12.14.
Effect of Intervening Debate
A point of order against a proposition will ordinarily be ruled
out as untimely if debate on the merits of the proposition has already
begun. 5 Hinds Secs. 6891-6901; 8 Cannon Sec. 3440. However, the Chair
will not permit brief debate to preclude a point of order made by a
Member who has shown due diligence. 5 Hinds Sec. 6906. The Chair may
recognize for a point of order against language in a bill
notwithstanding intervening debate where the Member raising the point
of order was on his feet, seeking recognition, before debate began.
86-1, May 11, 1959, p 7905. Indeed, a Member who is on his feet
seeking recognition at the proper time to make a point of order may be
recognized by the Chair even though the Clerk has read past the
language to which the point of order applies. 87-1, Sept. 15, 1961, p
19729; 91-2, June 4, 1970, p 18395. But the mere fact that a Member
was on his feet does not entitle him to make a point of order where he
has not affirmatively sought recognition at the time the language
complained of was read for amendment. 91-2, Apr. 14, 1970, p 11648.
Effect of Intervening Amendments
A point of order against a proposition is untimely if it is not
raised until after an amendment to the proposition has been offered. 5
Hinds Secs. 6907-6911; 8 Cannon Sec. 3443. The point of order may be
precluded even by a pro forma amendment. 8 Cannon Sec. 3445.
Points of order against a bill or portion thereof are considered
by the Chair prior to recognition of Members to offer amendments. 86-
1, July 28, 1959, p 14529; 93-2, June 21, 1974, pp 20591, 20592.
Points of order against a paragraph of a bill are considered by the
Chair before Members are recognized to offer amendments to that
paragraph. 91-2, June 4, 1970, p 18395. If by unanimous consent a bill
is considered read and open to amendment at any point, points of order
should be stated before any amendments are offered. 87-2, Oct. 3,
1962, p 21883.
While the reservation of a point of order by one Member inures to
all Members who may then make the point of order when entertained by
the Chair, withdrawal of a reservation by one Member requires other
Members to either make or continue to reserve the point of order at
that point, and
[[Page 639]]
a further reservation comes too late after there has been subsequent
debate. 97-2, Dec. 15, 1982, p 30939.
Sec. 5 . -- Against Bills and Resolutions
Where a point of order against a measure would, if sustained,
prevent its consideration, the appropriate time to make the point of
order is when the measure is called up in the House or pending the
motion to resolve into the Committee of the Whole (8 Cannon
Sec. 2252), whichever procedure represents initial consideration of
the measure. 94-1, Sept. 10, 1975, p 28270. A Member may not insist on
a point of order against the consideration of a bill where the manager
of the bill withdraws the motion that the House resolve itself into
the Committee of the Whole for consideration of the bill (96-1, Dec.
3, 1979, p 34385); the point of order must be made anew if and when
the motion is again made to resolve into Committee for consideration
of that bill. 96-1, Dec. 3, 1979, p 34385.
A point of order against a resolution is properly raised when the
resolution is called up, before debate thereon. 88-2, Aug. 19, 1964, p
20212. A point of order relating to the manner in which a resolution
should be considered should be made before such consideration begins.
5 Hinds Sec. 6890. And a point of order that the text of a privileged
resolution does not reflect the action of the reporting committee
comes too late after there has been debate on the resolution. 91-2,
Aug. 5, 1970, pp 27449-51.
Sec. 6 . -- Against Amendments
A point of order against an amendment should be raised when the
amendment is offered. Where a measure is being considered in Committee
of the Whole, points of order are raised during the reading for
amendment. Once the amendment is agreed to and reported to the House,
it is too late to raise a point of order against it, the proper time
having been at the point the amendment was offered in Committee. 92-2,
June 1, 1972, pp 19479, 19481, 19483. The point of order is properly
made (or reserved) immediately after the reading of the amendment (89-
2, Mar. 29, 1966, pp 7115, 7118; 92-1, Mar. 10, 1971, pp 5856-58; 94-
1, July 8, 1975, p 21628), or following agreement to a unanimous-
consent request that the amendment be considered as read (92-2, Mar.
29, 1972, pp 10749-51). And it should be disposed of before amendments
to that amendment are offered. 96-1, Mar. 21, 1979, pp 5779-82.
Generally, see Amendments.
[[Page 640]]
Sec. 7 . Application to Particular Questions; Grounds
A point of order must ordinarily be based on an objection that the
pending matter or proceeding is in violation of some rule of the
House. And it is always appropriate for the Chair to ascertain or
identify the particular rule being invoked. 98-2, Oct. 2, 1984, p
28522. While questions of order arising under the rules are determined
by the Chair, he does not:
<box> Decide hypothetical questions. 6 Cannon Secs. 249, 253; 101-1,
Nov. 20, 1989, p ____.
<box> Determine the legal effect of propositions. 8 Cannon
Secs. 2280, 2841; 98-1, Mar. 16, 1983, p 5669.
<box> Rule on the consistency of proposed actions of the House. 2
Hinds Secs. 1327-1336; 8 Cannon Secs. 3237, 3458.
<box> Construe the constitutional powers of the House. 2 Hinds
Secs. 1255, 1318-1320; 8 Cannon Secs. 2225, 3031, 3071, 3427.
<box> Rule on the propriety or expediency of a proposed course of
action. 2 Hinds Secs. 1275, 1337.
<box> Consider contingencies which may arise in the future. 7 Cannon
Sec. 1409.
<box> Determine the legislative effect of the adoption of an
amendment. 99-2, Aug. 7, 1986, p 19675.
Sec. 8 . Relation to Other Business
When a point of order is raised against a proposition,
consideration of that proposition is precluded until the point of
order is disposed of. The Chair should rule on the point of order
before proceeding to other questions, such as the method of voting on
the pending matter. 8 Cannon Sec. 3432. A timely point of order may be
given precedence even over a parliamentary inquiry. 95-1, June 7,
1977, p 17714. An amendment may not be offered to a proposition
against which a point of order is pending. 8 Cannon Sec. 2824. And the
previous question may not be demanded on a proposition until the point
of order is resolved. 8 Cannon Secs. 2681, 3433. Debate on the merits
of the proposition is likewise precluded. 5 Hinds Sec. 5055; 8 Cannon
Sec. 2556.
Sec. 9 . Debate on Points of Order; Burden of Proof
In General; Recognition
Recognition for debate on a point of order is extended at the
discretion of the Chair. 8 Cannon Secs. 3446-3448. Members seeking to
be heard must address the Chair and cannot engage in ``colloquies'' on
the point of order. 99-2, Sept. 18, 1986, p 24084. The time to be
allowed for debate on a point of order is likewise within the
discretion of the Chair. A Member speaking on a point of order does
not control a fixed amount of time which he can
[[Page 641]]
reserve or yield. 5 Hinds Sec. 6919; 94-2, Sept. 30, 1976, p 34075;
95-2, Feb. 23, 1978, p 4451. Where a point of order is conceded by the
manager of the bill, the Chair may sustain the point of order without
debate or comment. 86-2, Apr. 12, 1960, p 7941.
Scope of Debate
The rule that debate on questions of order must be relevant is
strictly construed. 8 Cannon Sec. 3449. Debate is limited to the
question of order and may not go to the merits of the proposition
being considered. 90-1, July 19, 1967, p 19412; 91-2, Nov. 25, 1970, p
38971; 94-2, June 24, 1976, p 20371.
The Chair will not entertain unanimous-consent requests to permit
Members to revise and extend their remarks on points of order. 94-2,
Sept. 22, 1976, p 31874.
Burden of Proof
The proponents of an amendment have the burden of proof where a
point of order is raised against the amendment on the ground that it
is not germane (8 Cannon Sec. 2995) or on the ground that it is
unauthorized (7 Cannon Sec. 1179). Under House practice, those
upholding an item in an appropriation have the burden of showing the
law authorizing it. 4 Hinds Sec. 3597; 7 Cannon Secs. 1179, 1276. See
also 8 Cannon Sec. 2387. Thus, a point of order having been raised,
the burden of proving the authorization for language carried in an
appropriation bill falls on the proponents and managers of the bill.
Deschler Ch 26 Sec. 9.4.
Where a point of order is raised against consideration of a bill
on the ground that the report thereon does not adequately reflect all
changes in existing law as required by Rule XIII clause 3--the
Ramseyer rule--the proponent of the point of order has the burden of
proof and must cite the specific statute that will be affected by the
pending bill; in the absence of such citation the point will not be
entertained. 8 Cannon Sec. 2246.
Sec. 10 . Waiver of Points of Order
Generally
A point of order may be deemed waived where it is not raised in
timely fashion. And where a motion which might have been subject to
objection is, in the absence of a point of order, agreed to, it
represents the will of the House and governs its procedure until the
House orders otherwise. 90-2, Oct. 8, 1968, pp 30212-14.
Points of order may also be waived by unanimous consent. Indeed,
in one instance, by unanimous consent, the House agreed to waive all
points
[[Page 642]]
of order against an unspecified House amendment to be offered by a
designated Member to a Senate amendment not yet passed by the Senate.
97-2, Dec. 20, 1982, p 32943.
By Special Rule
Special ``rules'' or resolutions from the Committee on Rules
providing for the consideration of a bill often contain provisions
expressly waiving points of order against the bill or certain language
therein. 7 Cannon Sec. 769; 90-2, May 8, 1968, p 12220. A resolution
waiving points of order against a certain provision in a bill has been
agreed to by the House even after general debate on the bill has been
concluded and reading for amendment has begun. 91-1, May 21, 1969, p
13246. Such waivers will not be implied merely from the fact that the
special rule provides for consideration of the bill. 98-1, Mar. 22,
1983, p 6502.
A special rule may limit its waiver to a single point of order or
be so drafted as to constitute a blanket waiver of all points of
order. But where a resolution providing for the consideration of a
bill specifies that ``all points of order against said bill are hereby
waived,'' the waiver is applicable only to the text of the bill and
not to amendments. 90-2, May 1, 1968, p 11305.
For further discussion, see Special Rules. See also Consideration
and Debate.
Sec. 11 . Withdrawal of Points of Order
A point of order may be withdrawn at any time before the Chair
rules on the point. 8 Cannon Sec. 3430. Once withdrawn, the point may
immediately be renewed by another Member. 5 Hinds Secs. 6875, 6906; 8
Cannon Secs. 3429, 3430. As a rule, a point of order must be pressed
when the Chair inquires whether the objecting Member wishes to insist
upon it, and comes too late after that Member has stated that he does
not insist on his point of order and further debate has intervened.
95-2, Aug. 2, 1978, pp 23921, 23922.
Sec. 12 . Appeals
A ruling of the Chair on a point of order may be subject to
challenge through an appeal by a Member. 5 Hinds Secs. 6938, 6939.
Indeed, the right of appeal from decisions of the Speaker on questions
of order is provided for by the House rules (Rule I clause 4). Manual
Secs. 624, 628. An appeal may also be taken from the ruling of the
Chairman of the Committee of the Whole on a point of order. 95-1, June
7, 1977, p 17714; 96-1, May 16, 1979, p 11472; 98-2, June 26, 1984, p
18861.
[[Page 643]]
However, a 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. 94-2, June 24,
1976, p 20391. Similarly, because the Chair is exercising
discretionary authority, no appeal lies from responses to
parliamentary inquiries (5 Hinds Sec. 6955; 8 Cannon Sec. 3457),
decisions on recognition (2 Hinds Secs. 1425-1428; 8 Cannon
Secs. 2429, 2646, 2762), decisions on the dilatoriness of motions (5
Hinds Sec. 5731), or from 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, such
question being a matter for the House to determine by its vote on the
merits. 93-1, May 10, 1973, pp 15290, 15291.
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.
Debate on appeals, see Appeals.
B. Parliamentary Inquiries
Sec. 13 . In General; Recognition
Recognition of Members for the purpose of propounding
parliamentary inquiries is within the discretion of the Chair. 6
Cannon Sec. 541; 90-2, Sept. 11, 1968, pp 26453-56; 103-1, May 26,
1993, p ____. Inquiries concerning the parliamentary situation on the
floor are properly directed to the Chair, and it is not in order for a
Member to address them to the official reporters. 90-2, May 22, 1968,
pp 14375 et seq. The Chair may delay his response to a parliamentary
inquiry pending examination of relevant House precedents. 8 Cannon
Sec. 2174; 95-2, Oct. 13, 1978, p 37016. Responses to parliamentary
inquiries are not subject to appeal. 5 Hinds Sec. 6955; 8 Cannon
Sec. 3457.
The Chair may take a parliamentary inquiry under advisement (8
Cannon Sec. 2174), especially where the inquiry does not relate to the
pending proceedings of the House. 103-1, May 26, 1993, p ____.
[[Page 644]]
Sec. 14 . Subjects of Inquiry
Generally
Parliamentary inquiries concerning the anticipated order of
business may be entertained by the Chair. 90-2, Sept. 11, 1968, pp
26453-56. The status of the Clerk's progress in reading a document is
also a proper subject for a parliamentary inquiry. 90-2, Oct. 8, 1968,
p 30100. And the Speaker may respond to parliamentary inquiries
concerning his authority as presiding officer. 95-1, Feb. 16, 1977, pp
4503, 4504. But a Member may not, under the guise of a parliamentary
inquiry, offer a motion or other proposition; he must have the floor
in his own right for that purpose. 8 Cannon Sec. 2625.
The Chair may decline to entertain an inquiry on a subject not
relevant to the pending question. 92-2, June 8, 1972, p 20339; 103-1,
June 10, 1993, p ____. The Chair does not respond to hypothetical
questions raised under the guise of a parliamentary inquiry. 89-1,
Mar. 26, 1965, p 6114; 90-1, Mar. 1, 1967, p 4997. The Chair has
declined, for example, to anticipate whether language in a measure
would trigger certain executive actions. 101-1, Sept. 20, 1989, p
____.
Although the Chair responds to parliamentary inquiries concerning
the application of the rules and precedents to a pending or otherwise
pertinent situation, he does not rule on questions not yet presented,
such as the allocation of debate time on a conference report not yet
filed. 103-1, Aug. 4, 1993, p ____.
As to Amendments
The construction or meaning of an amendment is not a proper
subject for a parliamentary inquiry as such matters are for the House
and not the Chair to determine. 89-2, Oct. 12, 1966, p 26205; 95-2,
Aug. 1, 1978, p 23625; 98-2, May 23, 1984, p 13928. And it is not a
proper parliamentary inquiry to ask the Chair to characterize an
amendment on which a separate vote has been demanded. 98-2, May 31,
1984, p 14677.
As to House Orders
The Chair may, in his discretion, entertain a parliamentary
inquiry to permit an explanation of a pending House order. 99-1, June
19, 1985, p 16367. But it is not a proper parliamentary inquiry to ask
the Chair whether a resolution, reported from the Committee on Rules
but not yet called up for consideration, would have the effect of
violating the rights of Members; the Chair does not render advisory
opinions. 99-2, Oct. 14, 1986, p 30862. Questions concerning informal
guidelines of the Committee on Rules for advance submission of
amendments for possible inclusion under a special rule
[[Page 645]]
may not be raised under the guise of a parliamentary inquiry. 100-2,
May 5, 1988, p 9938.
Sec. 15 . Timeliness of Inquiry
Generally
The Chair may decline to respond to a parliamentary inquiry that
is untimely. The Chair does not respond to a parliamentary inquiry
concerning the propriety of a proposition until the proposition is
offered. 90-1, June 28, 1967, p 17754.
Inquiries Raised During Votes
The Chair may refuse to entertain a parliamentary inquiry during a
vote that is not related to the vote (90-1, June 28, 1967, p 17748),
and may decline to recognize for that purpose during a roll call vote
(87-1, Sept. 6, 1961, p 18256). However, the Chair at that time may in
his discretion entertain an inquiry relating to the conduct of the
call. 95-2, Mar. 14, 1978, p 6840. And while a parliamentary inquiry
may not interrupt a division, such inquiries are entertained until the
Chair asks those in favor of the proposition to rise. 89-2, Sept. 29,
1966, pp 24455-57. Similarly, the Speaker may entertain a
parliamentary inquiry after the yeas and nays are ordered, but prior
to the vote. 90-1, Oct. 25, 1967, pp 29933, 29942-44.
The Chair may decline to entertain a parliamentary inquiry as the
cost of conducting the pending vote on the ground that the inquiry is
not relevant to the pending question. 103-1, June 10, 1993, p ____.
Sec. 16 . As Related to Other Business
A parliamentary inquiry may interrupt matters of high privilege,
such as an impeachment proceeding. 6 Cannon Sec. 541. However, during
the reading of a bill for amendment, a parliamentary inquiry may not
interrupt the reading of a paragraph or section of the bill. 8 Cannon
Sec. 2873. And a roll call may not be interrupted for a parliamentary
inquiry. 8 Cannon Sec. 3132.
The reading of the Journal may be interrupted by a parliamentary
inquiry (6 Cannon Sec. 624), and the Speaker may entertain a
parliamentary inquiry relating to the order of business prior to the
approval of the Journal (96-1, Feb. 28, 1979, pp 3465, 3466).
During Debate
A Member may not propound a parliamentary inquiry during debate
unless yielded to for that purpose by the Member controlling the
debate in the House. 98-1, Nov. 18, 1983, p 34055; 99-2, Oct. 1, 1986,
p 27466. A
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Member may not be taken from the floor by a parliamentary inquiry. 86-
2, May 26, 1960, p 11267; 89-1, July 22, 1965, p 17931. He may not be
interrupted by a parliamentary inquiry without his consent, and if the
Member who has the floor refuses to yield and demands the regular
order the Chair will not recognize another Member to propound the
inquiry. 94-1, July 8, 1975, p 21628.
While time consumed by a parliamentary inquiry is charged to the
Member controlling time who yields for that purpose, the Chair may
exercise his discretion to recognize a Member for a parliamentary
inquiry when no other Member has the floor, thus consuming no time of
the Members controlling debate. 103-1, Mar. 17, 1993, p ____.