[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 29. Lay on the Table]
[From the U.S. Government Printing Office, www.gpo.gov]
[[Page 613]]
CHAPTER 29 - LAY ON THE TABLE
HOUSE PRACTICE
Sec. 1. In General; Effect
Sec. 2. When in Order
Sec. 3. Precedence
Sec. 4. Application to Particular Propositions
Sec. 5. Application to Particular Motions
Sec. 6. Offering the Motion; Debate and Disposition
Sec. 7. Collateral Matters Carried to the Table
Sec. 8. Taking From the Table; Reconsideration
Research References
5 Hinds Sec. Sec. 5389-5442
8 Cannon Sec. Sec. 2649-2660
Deschler Ch 23 Sec. Sec. 9-13
Manual Sec. Sec. 445, 911, 914
Sec. 1 . In General; Effect
The motion to table (or, under the more formal terminology of rule
XVI clause 4, to ``lay on the table'') is used to adversely dispose of
a proposition pending in the House. Manual Sec. 914; Deschler Ch 23
Sec. 9.1. The table referred to in rule XVI is the Clerk's table, not
the Speaker's table. 5 Hinds Sec. 5389 (note).
The language ``to lay on the table''--to the extent that it
implies that the tabled matter is only temporarily in abeyance--is
misleading. The motion is not used simply to put aside a pending
matter. The action of the House in adopting the motion to table a
proposition is equivalent to a final adverse disposition thereof, and
does not merely represent a refusal to consider it. Deschler Ch 23
Sec. 9.1; 95-2, Aug. 15, 1978, p 26204. In this respect the House
practice differs from general parliamentary usage, which permits the
use of the motion to temporarily suspend consideration of a matter.
Under the modern practice in the House, a tabling action is ordinarily
as much a final adverse decision as a negative vote on the passage of
a bill. 5 Hinds Sec. 6540 (note). With few exceptions, matters laid on
the table may
[[Page 614]]
be taken therefrom only by unanimous consent or by a motion to suspend
the rules. Sec. 8, infra. The pending proposition being disposed of
finally and adversely, the adoption of the motion may have the effect
of depriving a Member of his right to debate a proposition he has
offered. Deschler Ch 23 Sec. 9.2.
If the House rejects the motion to table a proposition, the
proposition is before the House for disposition. Deschler Ch 23
Sec. Sec. 9.19, 12.3.
Sec. 2 . When in Order
The motion to table is in order only in the House and not in the
Committee of the Whole. 4 Hinds Sec. Sec. 4719, 4720; 8 Cannon
Sec. Sec. 2330, 2556a; Deschler Ch 23 Sec. Sec. 9.29, 9.30. It does
not apply to motions to go into the Committee of the Whole. 6 Cannon
Sec. 726. It is not applicable to propositions that are not debatable
or amendable. Manual Sec. 914.
A motion to table a proposition is in order after the proposition
is called up for consideration but before debate thereon. 95-2, July
13, 1978, p 20606; 98-2, Oct. 4, 1984, p 30042. The motion is in order
before the Member entitled to prior recognition for debate on the
pending proposition has begun his remarks. 5 Hinds Sec. Sec. 5393-
5395; 6 Cannon Sec. 412; 8 Cannon Sec. 2649. The motion comes too late
after the Chair has put the question on the pending proposition and
asked for a vote. 96-1, Sept. 20, 1979, p 25512. The motion is in
order after the previous question has been moved on the pending
proposition but may not be made after the previous question has been
ordered or after the yeas and nays have been ordered thereon. 5 Hinds
Sec. Sec. 5408, 5415-5422; 8 Cannon Sec. 2655; Deschler Ch 23 Sec. 9.
Sec. 3 . Precedence
Generally
Under the rule, the motion to table is preferential. Deschler Ch
23 Sec. Sec. 9, 11.2. It yields to the motion to adjourn and to the
question of consideration. Manual Sec. 911; 5 Hinds Sec. 4943;
Deschler Ch 23 Sec. 9. However, it enjoys precedence over the motions
for the previous question, to postpone, to refer, or to amend. Rule
XVI clause 4; Manual Sec. 911. A motion to table a measure is thus of
higher privilege than a motion to refer the measure to a committee. 5
Hinds Sec. 5303; Deschler Ch 23 Sec. 12.5.
As Related to the Motion for the Previous Question
Pending the ordering of the previous question on a proposition
that is under debate, the motion to table the proposition is
preferential and is voted on first. Manual Sec. 914; Deschler Ch 23
Sec. Sec. 9.11, 12.1. Although a motion
[[Page 615]]
to table is not in order after the previous question has been ordered
on a pending proposition, if the previous question is voted down, the
motion to table again becomes in order and is preferential. 5 Hinds
Sec. Sec. 5415-5422; Deschler Ch 23 Sec. Sec. 9.21, 12.2.
Sec. 4 . Application to Particular Propositions
Generally; Bills and Resolutions
The motion to table has been held specifically applicable to:
A House bill. 5 Hinds Sec. 5426.
A House bill with Senate amendments. 5 Hinds Sec. 6140.
A vetoed bill. 4 Hinds Sec. 3549.
A House resolution and an amendment thereto. 5 Hinds Sec. 6139.
A series of resolutions on a particular subject. 5 Hinds
Sec. 6138.
A privileged resolution. 95-2, July 13, 1978, p 20606.
A resolution proposing an impeachment or authorizing an
impeachment investigation. 6 Cannon Sec. 541; Deschler Ch 23
Sec. 9.14.
A resolution raising a question of the privileges of the House.
6 Cannon Sec. 560; Deschler Ch 23 Sec. 9.25.
A resolution to expel a Member. 94-2, Oct. 1, 1976, p 35111.
A resolution establishing a select committee. Deschler Ch 23
Sec. 9.22.
A resolution of inquiry adversely reported from committee.
Deschler Ch 23 Sec. 9.17.
A resolution providing for adjournment sine die. Deschler Ch 23
Sec. 9.10.
An appeal from a decision of the Speaker. 8 Cannon Sec. 3453;
Deschler Ch 23 Sec. 9.3.
A privileged resolution from a party caucus electing Members
to committees. Manual Sec. 914.
Special Orders
Special orders of business reported from the Committee on Rules
and called up under rule XIII clause 5 are not subject to the motion
to table, as rule XIII clause 6 prohibits dilatory motions. Manual
Sec. 857. However, after rejection of the previous question, the
motion to table has been applied to a resolution providing a special
order. Deschler Ch 23 Sec. 9.23.
The motion to table may not be applied to a resolution providing a
special order if the resolution is before the House under the
operation of the discharge rule, because such rule prohibits such
intervening motion. Deschler Ch 23 Sec. 9.28.
Conference Reports
In the later practice, the motion to table has not been applied to
conference reports on bills in disagreement between the Houses because
this
[[Page 616]]
would carry the entire bill and amendments of the other House to the
table and would leave no opportunity for the House and Senate to have
a second conference. Manual Sec. 914; 5 Hinds Sec. Sec. 6539, 6540.
Sec. 5 . Application to Particular Motions
The motion to table is applicable to debatable secondary motions
for the disposal of another matter, such as a motion to refer or a
motion to recede and concur in a Senate amendment in disagreement.
Manual Sec. 914; 5 Hinds Sec. 5433. The motion has been held
specifically applicable to:
A motion to postpone to a day certain. 8 Cannon Sec. Sec. 2654,
2657.
A motion to rerefer a bill to a committee. Deschler Ch 23
Sec. 9.12.
A motion to instruct conferees. Deschler Ch 23 Sec. Sec. 9.7,
9.8.
A motion to reconsider a vote. 8 Cannon Sec. Sec. 2652, 2659;
95-2, Apr. 20, 1978, p 10990.
The motion to table may not be applied to a motion relating to the
order of business or to any motion that is neither debatable nor
amendable. Deschler Ch 23 Sec. Sec. 9.26, 9.27. The motion is
inapplicable to:
Motions for the previous question. 5 Hinds Sec. Sec. 5410,
5411.
Motions to dispose of measures on which the previous question
has been ordered. 8 Cannon Sec. Sec. 2653, 2655.
Motions to recommit made after the ordering of the previous
question, including a debatable motion to recommit with
instructions. Manual Sec. 1002a; 5 Hinds Sec. Sec. 5412-5414; 8
Cannon Sec. Sec. 2653, 2655.
Motions to dispense with further proceedings under a call of
the House. Deschler Ch 23 Sec. Sec. 9.26, 12.4.
Motions to go into the Committee of the Whole. 5 Hinds
Sec. 5404; 6 Cannon Sec. 726.
Motions limiting the time for debate. 5 Hinds Sec. 5403.
Motions to suspend the rules. Manual Sec. 886; 5 Hinds
Sec. Sec. 5405, 5406; Deschler Ch 23 Sec. 9.
Motions that when the House adjourn it stand adjourned until a
day and time certain. Manual Sec. 914.
Motions to adjourn. Manual Sec. 912.
The motion to table may not be applied to a motion to discharge a
committee under rule XV clause 2 unless the proposition before the
committee is a vetoed bill or a resolution of inquiry. Manual
Sec. 914; 5 Hinds Sec. 5407; 6 Cannon Sec. 415; Deschler Ch 23
Sec. Sec. 9.15, 9.16.
[[Page 617]]
Sec. 6 . Offering the Motion; Debate and Disposition
Generally; Debate
The motion to table, although customarily made orally from the
floor, is subject to a timely demand that it be in writing. Deschler
Ch 23 Sec. 10.1.
Member: Mr. Speaker, I move to lay the ________ [proposition] on
the table.
The motion to table is not debatable. Rule XVI clause 4; Manual
Sec. 914; 5 Hinds Sec. 5301; 6 Cannon Sec. 412; 8 Cannon Sec. 2465;
Deschler Ch 23 Sec. 9.6. However, debate may be permitted by unanimous
consent. 98-2, Oct. 4, 1984, p 30042.
Disposition of Motion
It has been established that the motion to table:
May not be amended. Manual Sec. 914; 5 Hinds Sec. 5754.
May not be divided for a vote. 5 Hinds Sec. Sec. 6138-6140.
May be reconsidered pursuant to motion. 5 Hinds Sec. Sec. 5628,
5629, 6288; 8 Cannon Sec. 2785.
May be repeated after intervening business, but a call of the
House alone is not considered sufficient ``intervening
business.'' 5 Hinds Sec. Sec. 5398-5401.
Sec. 7 . Collateral Matters Carried to the Table
A bill or other proposition may be carried to the table when the
House votes to table a proposal that is closely related thereto. Thus,
when a proposed amendment to a pending measure is tabled, the pending
measure also goes to the table. 5 Hinds Sec. Sec. 5423, 5424; 8 Cannon
Sec. 2656. This rule is applied even where a Senate amendment to a
House bill is tabled. 5 Hinds Sec. 5424. The tabling of a bill has
been held to result in the tabling of a pending motion to print the
bill. 5 Hinds Sec. 5426. The tabling of a proposal, however, will not
result in the tabling of a connected matter unless it is directly and
intimately related thereto. 8 Cannon Sec. 2658. It has been held, for
example, that:
The tabling of an amendment to the Journal does not carry the
Journal to the table. 5 Hinds Sec. Sec. 5435, 5436.
The tabling of a proposition for adverse disposition of a
pending matter does not carry to the table the matter proposed
to be disposed of. 8 Cannon Sec. 2660.
The tabling of a motion to reconsider a vote does not carry
with it the proposition voted on. 8 Cannon Sec. Sec. 2652,
2659.
The tabling of a motion to instruct conferees does not carry
with it the bill in disagreement. 8 Cannon Sec. 2658.
[[Page 618]]
The tabling of a resolution providing for the final disposition
of an impeachment proceeding does not carry with it such
proceeding. 6 Cannon Sec. 538.
The tabling of a preamble does not carry with it accompanying
resolutions already agreed to. 5 Hinds Sec. 5430.
The tabling of a resolution does not take with it a connected
resolution already agreed to. 5 Hinds Sec. 5428.
The tabling of a motion to receive a petition does not carry
the petition with it. 5 Hinds Sec. Sec. 5431-5433.
The tabling of an appeal from a decision of the Speaker on a
question of order does not carry with it the matter that was
pending when the question of order arose. 5 Hinds Sec. 5434.
The tabling of a motion to postpone consideration of a Senate
amendment does not carry with it pending motions for
disposition of the amendment. 8 Cannon Sec. 2657.
A motion to refer or a motion to recede and concur in a Senate
amendment in disagreement may be laid on the table without carrying
the pending matter to the table because other motions remain available
for disposition of the pending amendment. Manual Sec. 914.
Sec. 8 . Taking From the Table; Reconsideration
A matter once laid on the table may be taken therefrom only by
suspension of the rules or by unanimous consent unless it is a matter
of privilege. Manual Sec. 445; 5 Hinds Sec. 6288; Deschler Ch 23
Sec. Sec. 13.1, 13.2. Such matters of privilege include questions of
privilege (5 Hinds Sec. Sec. 5438, 5439), propositions to impeach (3
Hinds Sec. 2049), and bills vetoed by the President (5 Hinds
Sec. 5439). An affirmative vote on a motion to table may be
reconsidered pursuant to a timely motion therefor. 5 Hinds Sec. 5628;
8 Cannon Sec. 2785.
Moreover, a measure that has been tabled by the House may be
presented again in similar but not identical form. 4 Hinds Sec. 3385.
However, under modern practice, a tabled resolution raising a question
of the privileges of the House (even where the motion to reconsider
that vote was laid on the table), may be offered again in identical
form on a subsequent day if still constituting a question of
privilege. Manual Sec. 713.