[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 3. Appeals]
[From the U.S. Government Printing Office, www.gpo.gov]
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CHAPTER 3 - APPEALS
HOUSE PRACTICE
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 Sec. Sec. 6877, 6938-6952
8 Cannon Sec. Sec. 3435, 3452-3458
Deschler-Brown Ch 31 Sec. 13
Manual Sec. Sec. 379, 627-629, 641, 844, 902, 903
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 and is recognized under
rule I clause 5, which dates from 1789. Manual Sec. Sec. 379, 627,
629. 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. Sec. Sec. 4, 5, infra. In
the Committee of the Whole, an appeal is subject to the motion to
limit debate or to rise and report. Manual Sec. 629.
The vote on the appeal may be taken by record vote. 98-2, June 26,
1984, p 18861. A majority vote sustains the ruling appealed from.
Manual Sec. 971. The weight of precedent indicates that a tie vote
(especially where the Chair has not voted to make the tie) sustains
the ruling as well. 4 Hinds Sec. 4569; 5 Hinds Sec. 6957. The Chair
may vote to make or break a tie and
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may cast a vote in favor of his own decision. 4 Hinds Sec. 4569; 5
Hinds Sec. Sec. 5686, 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. Deschler-
Brown Ch 31 Sec. 13.2.
Sec. 2 . When in Order
Rule I clause 5 provides the right of appeal from decisions of the
Speaker on questions of order. Examples of appeals from decisions of
the Chair include the following:
The priority of business. 5 Hinds Sec. 6952.
Whether a certain motion or resolution gives rise to a
question of privilege. Manual Sec. 713.
The propriety of an exhibit. Manual Sec. 622.
Whether a Member has engaged in personalities in debate.
Manual Sec. 622.
An appeal may also be taken from the ruling of the Chairman of the
Committee of the Whole on a question of order. Manual Sec. 971. For
example, an appeal may be taken from a ruling of the Chair on the
germaneness of an amendment or that an amendment proposes to change a
portion of the bill already passed in the reading. Deschler-Brown Ch
31 Sec. 13.7; 105-1, Sept. 25, 1997, p ____.
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 that falls within the discretionary
authority of the Chair. For example, an appeal may not be entertained
from the following decisions:
Chair's decision on recognition. 2 Hinds Sec. Sec. 1425-1428;
8 Cannon Sec. Sec. 2429, 2646, 2762.
Chair's decision on dilatoriness of motions. 5 Hinds
Sec. 5731.
Chair's count of the number rising to demand tellers, a
recorded vote, or the yeas and nays. Manual Sec. 629; 8 Cannon
Sec. 3105.
Chair's call of a voice vote. Manual Sec. 629.
Chair's refusal to recapitulate a vote. 8 Cannon Sec. 3128.
Chair's count of a quorum. Manual Sec. 629.
Chair's determination that a Member's time in debate has
expired. Manual Sec. 629.
Chair's response to a parliamentary inquiry. 5 Hinds
Sec. 6955; 8 Cannon Sec. 3457.
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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. Deschler-Brown Ch 31
Sec. 13.1.
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,
such as where the underlying rule does not involve discretion on the
part of the Chair. Thus, the Speaker's refusal under rule XX clause
7(a) 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,
because 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. Deschler-Brown Ch 31
Sec. 13.5.
Untimely or Dilatory Appeals
An appeal is not in order if it is dilatory. 5 Hinds
Sec. Sec. 5715-5722; 8 Cannon Sec. 2822. An appeal also is not in
order if it is untimely. An appeal is not in order:
While another appeal is pending. 5 Hinds Sec. Sec. 6939-6941.
On a question on which an appeal has just been decided. 4
Hinds Sec. 3036; 5 Hinds Sec. 6877.
During a call of the yeas and nays. 5 Hinds Sec. 6051.
Between the motion to adjourn and vote thereon. 5 Hinds
Sec. 5361.
From a question on which an appeal has just been decided. 4
Hinds Sec. 3036; 5 Hinds Sec. 6877.
Sec. 4 . Debate on Appeal
Appeals are customarily subject to debate, both in the House and
the Committee of the Whole (8 Cannon Sec. Sec. 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 debate (5 Hinds Sec. Sec. 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. 629. Debate on an appeal
in the Committee of the Whole is under the five-minute rule and may be
closed by motion to close debate or to rise and report. 5 Hinds
Sec. Sec. 6947, 6950; 8 Cannon Sec. Sec. 2347, 3453-3455.
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Members may speak but once on appeal, unless by permission of the
House, the Chair alternating between those favoring and those
opposing. Manual Sec. 627; 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.
Sec. 5 . Motions
Although an appeal is debatable, it is normally disposed of in the
House without debate by a motion to lay the appeal on the table. If
the motion to table is adopted, the appeal is disposed of adversely
and the ruling of the Speaker is sustained. 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. See, e.g.,
Manual Sec. 706. The House has tabled a motion to reconsider the vote
whereby an appeal from a decision of the Chair was laid on the table.
Deschler-Brown Ch 31 Sec. 13.16. An appeal in Committee of the Whole
may not be laid on the table, because that motion does not lie in the
Committee. 4 Hinds Sec. 4719.
Other motions that may be offered pending an appeal include:
A motion to postpone the appeal to a day certain (in the
House). 8 Cannon Sec. 2613.
A motion for the previous question (in the House). 5 Hinds
Sec. 6947.
A motion to close or limit debate (in the Committee of the
Whole). 5 Hinds Sec. Sec. 6947, 6950.
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. Deschler-
Brown Ch 31 Sec. 13.10. 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
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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. 97-1, Nov. 17, 1981, pp
27772, 27773.