[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 39. Previous Question]
[From the U.S. Government Printing Office, www.gpo.gov]
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CHAPTER 39 - PREVIOUS QUESTION
HOUSE PRACTICE
Sec. 1. In General
Sec. 2. Offering the Motion
Sec. 3. -- When in Order; Quorum Requirements
Sec. 4. -- Who May Offer
Sec. 5. Precedence; Interruption of Other Matters
Sec. 6. -- Precedence Over Other Motions
Sec. 7. Scope of Motion; Application to Particular Propositions
Sec. 8. Debate on Motion; Consideration and Disposition
Sec. 9. Effect
Sec. 10. -- On Debate Generally
Sec. 11. -- On Divided Debate
Sec. 12. -- On Amendments
Sec. 13. Recommittal
Sec. 14. Reconsideration
Sec. 15. Rejection of Motion -- As Permitting Further Consideration
Sec. 16. -- As Affecting Recognition
Sec. 17. Effect of Adjournment When Previous Question Operating
Research References
5 Hinds Sec. Sec. 5443-5520, 5569-5604
8 Cannon Sec. Sec. 2661-2694
Deschler Ch 23 Sec. Sec. 14-24
Manual Sec. Sec. 461-463, 994-1002
Sec. 1 . In General
Function and Purpose
Rule XIX clause 1 provides for the motion for the previous
question. It is an essential motion in the House that is used during
the consideration of a matter to terminate debate, foreclose the
offering of amendments, and bring the House to an immediate vote on
the main question. Manual Sec. 994. It is the only motion used for
this purpose in the House. 5 Hinds Sec. 5456; 8 Cannon Sec. 2662.
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The import of the previous question, in Jefferson's language, is
``shall the main question be now put?'' Manual Sec. 452. If the House
disagrees to the motion, the main question is open to further
consideration and the right of recognition transfers to a Member who
opposed the motion. Sec. Sec. 15, 16, infra.
The House practice in this regard is to be distinguished from that
of the Senate. The Senate does not admit the previous question. 8
Cannon Sec. 2663.
Historical Background
In the early Congresses, the previous question was used in the
House for an entirely different purpose than it is today, having been
modeled on the English parliamentary practice. As early as 1604, the
previous question had been used in the Parliament to suppress a
question that the majority deemed undesirable for further discussion
or action. Manual Sec. Sec. 442, 463. The Continental Congress adopted
this device in 1778, but there was no intention of using it as a means
of closing debate in order to bring the pending question to a vote. 5
Hinds Sec. 5445.
Early interpretations of the rule in the House were consistent
with its usage in the Continental Congress. However, in 1807, the
House overruled a holding by Speaker Varnum that the ordering of the
previous question precluded all debate on the main question. As a
result, debates became very lengthy. In 1811, the House reversed its
position by once again overruling Speaker Varnum to provide that there
could be no debate after the previous question was ordered, and this
decision was adhered to in subsequent rulings by the Speaker. 5 Hinds
Sec. 5445.
To moderate the harsh effects of the rule, seen by some as a way
of suppressing a minority, the number required to order the previous
question was changed from one-fifth to a majority, and a Member was
given the right to call for 40 minutes of debate on a proposition if
it had not been previously debated. 5 Hinds Sec. Sec. 5445, 6821. In
1880, the rule was amended to permit the Speaker to entertain one
motion to recommit, notwithstanding the ordering of the previous
question. Sec. 13, infra.
Sec. 2 . Offering the Motion
Form
The motion for the previous question may be offered by any Member
holding the floor. It must be made in writing if demanded, but is
usually made orally:
Member: Mr. Speaker, I move the previous question on the
__________ [proposition].
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Speaker: The question is on ordering the previous question.
The motion should precisely specify the scope that is intended.
However, where, during the consideration of a bill, a Member states
merely ``I move the previous question,'' without specifying the
question to be voted on, the Speaker construes it as a motion for the
previous question on the bill to final passage and as applicable to
all intervening questions. 8 Cannon Sec. Sec. 2673, 2674. On the other
hand, during consideration of several motions (as in the consideration
of Senate amendments reported from conference in disagreement) a
simple motion for the previous question applies to the immediate
question only and does not include other pending questions. 8 Cannon
Sec. 2676. But see Deschler Ch 23 Sec. 14.2.
The motion for the previous question may not include a provision
that it is to take effect at a time certain. Such a motion may not
include a provision, for example, ``that the previous question be
considered as ordered at 5 o'clock.'' 5 Hinds Sec. 5457.
Effect of Special Rule
The ordering of the previous question on a bill may be required by
language in a special rule governing consideration of the bill. The
rule may provide, for example:
The previous question shall be considered as ordered on the bill
and on any amendment thereto to final passage without intervening
motion except: (1) one hour of debate on the bill equally divided
and controlled by the chairman and ranking minority member of the
Committee on House Administration; and (2) one motion to recommit
with or without instructions.
When the House is operating under such a rule, the Chair states
that ``under the rule, the previous question is ordered,'' and a
motion for the previous question from the floor is unnecessary. 7
Cannon Sec. 776. Such a rule prohibits intervening motions, such as a
motion to adjourn. Manual Sec. 912.
Sec. 3 . -- When in Order; Quorum Requirements
The previous question is one of those motions that is in order
under rule XVI clause 4 ``when a question is under debate.'' As it is
considered a fundamental rule of parliamentary procedure, it also is
in order even before the rules of the House have been adopted.
Deschler Ch 23 Sec. 14.1.
The motion for the previous question is in order in the House and
in the House as in the Committee of the Whole. Manual Sec. 995; 5
Hinds Sec. 5456; 6 Cannon Sec. 639; 8 Cannon Sec. 2662; Deschler Ch 23
Sec. 14.10. The motion is not in order in the Committee of the Whole
but may be moved in
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the House on an amendment reported from the Committee of the Whole. 4
Hinds Sec. 4716; Deschler Ch 23 Sec. Sec. 14.8, 14.9.
The previous question is ordered by a majority of those voting, a
quorum being present. However, less than a quorum may order the
previous question on a motion incident to a call of the House. 5 Hinds
Sec. 5458.
Sec. 4 . -- Who May Offer
During Debate in the House
The Member in charge of a pending measure has the prior right to
recognition and may move the previous question at any time during the
hour allotted to him and thereby cut off debate. 8 Cannon Sec. 3231.
The Member in charge may move the previous question when he regains
the floor after having yielded to another Member ``for debate only.''
8 Cannon Sec. 2682. Other Members may not interpose the previous
question during such time as the Member in charge is holding the
floor, even though the Member in charge may not yet have begun his
remarks. Manual Sec. 997; 2 Hinds Sec. 1458. However, if the Member in
charge of the pending measure does not move the previous question and
loses the floor, any Member having the floor may so move. 5 Hinds
Sec. 5475. This is so even though the effect of moving the previous
question may be to deprive the Member in charge of control of the
measure. Manual Sec. 997; 5 Hinds Sec. 5476; 8 Cannon Sec. 2685.
Where time for debate in the House is equally divided and
controlled by the majority and the minority, or between those in favor
and those opposed, or where a block of time for debate has been
yielded by the manager to be yielded in turn by another Member, the
previous question may not be moved until the other side has used or
yielded back its time. The Chair may vacate the ordering of the
previous question where it was improperly moved while the other side
was still controlling time. Manual Sec. 997.
Proponent of Amendment
A Member managing consideration of a measure may offer an
amendment to the pending measure and move the previous question on the
amendment and on the pending measure. Manual Sec. 996. Although the
previous question takes precedence over a motion to amend, the
proponent of an amendment, having been recognized for debate after
offering the amendment, may not be taken from the floor by another
Member who seeks to move the previous question. Deschler Ch 23
Sec. 20.7; Sec. 6, infra. This rule is followed even though the
amendment offered is merely a pro forma amendment. 92-2, May 8, 1972,
pp 16154, 16157. However, a Member offering a preferential motion to
dispose of a Senate amendment may not move the
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previous question on that motion as against the right of the Member in
charge to the floor. 2 Hinds Sec. 1459.
Effect of Yielding
A Member in charge of a pending measure may yield time to others
for debate only and still retain the right to resume debate or move
the previous question. 8 Cannon Sec. 3383. However, where the Member
in charge yields to another Member to offer an amendment to his
proposition, he loses the floor and the Member offering the amendment
is recognized for one hour and may move the previous question on the
amendment and on the measure itself. Deschler-Brown Ch 29 Sec. 33.9.
In other words, the Member controlling the time may not yield to
another Member to offer an amendment without losing the right to move
the previous question. Deschler Ch 23 Sec. 16.2. However, the Member
so yielding may move the previous question on the pending measure
following disposition of the amendment where the proponent of the
amendment has not done so and where no other Member seeks recognition.
Deschler Ch 23 Sec. Sec. 16.3-16.5.
Under rule XVI clause 4, the motion for the previous question
takes precedence, and may be offered by any Member, over an amendment
offered by either the Member in charge of a pending measure or a
second Member who was yielded time by the Member in charge. Manual
Sec. 997; Deschler Ch 23 Sec. Sec. 14, 18.3.
Sec. 5 . Precedence; Interruption of Other Matters
Generally
The motion for the previous question has the precedence given it
by rule XVI clause 4. The Chair, having recognized a Member in charge
of a bill for the motion for the previous question, may not recognize
another Member to rise to a question of personal privilege. Deschler
Ch 23 Sec. 17.2. However, a message from the Senate, the
administration of the oath, or the presentation of a conference report
is in order, notwithstanding that the previous question has been moved
or ordered on a pending proposition. 5 Hinds Sec. 6449; Deschler Ch 23
Sec. Sec. 19.3, 19.4.
A measure on which the previous question has been ordered takes
precedence over a special order from the Committee on Rules, even if
the special order provides for the immediate consideration of certain
business. 5 Hinds Sec. 5520.
Suspension of the Rules
The motion to suspend the rules may be entertained after the
previous question has been moved and is admitted at the Speaker's
discretion, not
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withstanding the ordering of the previous question on a pending
measure. Manual Sec. 887; 5 Hinds Sec. Sec. 6827, 6831-6833; 8 Cannon
Sec. 3418.
Sec. 6 . -- Precedence Over Other Motions
Generally
Under rule XVI clause 4, the motion for the previous question is
listed third in the order of precedence after the motions to adjourn
and to lay on the table. As such, the previous question has precedence
over the motions to postpone, to refer, or to amend. Manual Sec. 911;
5 Hinds Sec. 5301; Deschler Ch 23 Sec. 20.7. A Member making the
motion also has priority over another Member seeking recognition for
debate. Deschler Ch 23 Sec. 19.1.
The Member in charge of a proposition and having the floor may
demand the previous question, notwithstanding that another Member
proposes a motion of higher privilege. However, the motion of higher
privilege must be put before the question is put on the previous
question. Manual Sec. 997; 5 Hinds Sec. 5480; 8 Cannon Sec. 2684;
Deschler Ch 23 Sec. 16.6. A Member having the floor may not exclude a
privileged motion simply by offering a motion of lower privilege and
demanding the previous question thereon. 8 Cannon Sec. 2609.
Adjournment
Under rule XVI clause 4, the motion to adjourn takes precedence
over the motion for the previous question. Manual Sec. 911. However, a
motion to adjourn is not in order after the previous question has been
ordered on a bill to final passage under a special rule prohibiting
any intervening motions. Manual Sec. 1002; 4 Hinds Sec. Sec. 3211-
3213.
Lay on the Table
Under rule XVI clause 4, the motion to lay the pending proposition
on the table takes precedence over the motion for the previous
question. Manual Sec. 911; 8 Cannon Sec. Sec. 2658, 2660. However, the
motion to table may not be applied to the motion for the previous
question itself. 5 Hinds Sec. Sec. 5410, 5411. The motion to table is
not in order after the previous question is ordered, or even after the
yeas and nays are ordered on the demand for the previous question. 5
Hinds Sec. Sec. 5408, 5409, 5415-5422. A motion to table a motion to
recommit is not in order after the previous question has been ordered
on a bill to final passage under a special rule prohibiting any
intervening motions. Manual Sec. 1002a.
Although the motion for the previous question yields to the motion
to table, if the motion to table is rejected, the question recurs on
the motion
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for the previous question that was pending when the motion to table
was offered. Deschler Ch 23 Sec. 20.1.
Referral or Recommittal
The previous question may be moved on a proposition while a motion
to refer it is pending. 8 Cannon Sec. 2678. However, the rule
authorizing the motion to recommit (or commit) specifically permits
the use of that motion after the previous question has been moved or
ordered. Manual Sec. 1001; see also Sec. 13, infra.
Motions to Amend
The motion for the previous question takes precedence over the
motion to amend. Deschler Ch 23 Sec. 20.2. Thus, the motion for the
previous question takes precedence over an amendment to, for example,
a motion to recommit or a motion to instruct conferees. Deschler Ch 23
Sec. Sec. 20.4, 20.5. If the motion for the previous question is voted
down, the pending measure is subject to amendment. However, if the
amendment is ruled out on a point of order, the previous question may
again be moved and takes precedence over the offering of another
amendment. Deschler Ch 23 Sec. 20.3.
A Member, having obtained the floor to offer a preferential motion
to dispose of a Senate amendment in disagreement with the Senate, may
not move the previous question on that preferential motion to the end
that the Member in charge of the pending proposition is denied
recognition for debate. Manual Sec. 997; 2 Hinds Sec. 1459.
Sec. 7 . Scope of Motion; Application to Particular Propositions
Generally
Under rule XIX clause 1, ``the previous question may be moved and
ordered on a single question, on a series of questions allowable under
the rules, or on an amendment or amendments, or may embrace all
authorized motions or amendments and include the bill or resolution to
its passage, adoption, or rejection.'' Manual Sec. 994. The motion
should precisely specify the scope that is intended. However, where,
during the consideration of a bill, a Member states merely ``I move
the previous question,'' without specifying the question to be voted
on, the Speaker construes it as a motion for the previous question on
the bill to final passage and as applicable to all intervening
questions. 8 Cannon Sec. Sec. 2673, 2674. On the other hand, during
consideration of several motions (as in the consideration of Senate
amendments reported from conference in disagreement), a simple motion
for the previous question applies to the immediate question only and
does not
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include other pending questions. 8 Cannon Sec. 2676; but see Deschler
Ch 23 Sec. 14.2.
The motion for the previous question is generally applicable to
any pending measure or motion that is subject to debate or amendment
(Manual Sec. 996) and has been held specifically applicable to:
A proposition and a pending motion to refer the proposition to
a committee. 5 Hinds Sec. 5466; 8 Cannon Sec. 2678.
A pending resolution and an amendment thereto. Manual Sec. 996.
A question of approval of the Journal. Deschler Ch 23
Sec. 14.6.
A private bill under consideration during the call of the
Private Calendar. Deschler Ch 23 Sec. 14.5.
A question of agreeing to a report of the Committee of the
Whole that the enacting clause be stricken. 5 Hinds Sec. 5342.
A resolution to elect Members to committees. 8 Cannon
Sec. 2174.
Certain amendments to a bill (leaving the remaining amendments
open to debate and further amendment). 8 Cannon Sec. 2679.
All amendments to a bill other than a particular amendment.
Deschler Ch 23 Sec. 15.17.
A substitute amendment. 5 Hinds Sec. 5472.
A question of privilege, including one involving censure of a
Member or impeachment. 2 Hinds Sec. 1256; 5 Hinds Sec. 5460; 8
Cannon Sec. 2672.
A motion to limit debate pending a motion to go into the
Committee of the Whole. 5 Hinds Sec. Sec. 5203, 5473.
A motion to postpone a matter to a day certain. Deschler Ch 23
Sec. 18.2.
The previous question is not applicable to:
A proposition that is not subject to debate or amendment or
that is being considered under a procedure that precludes
debate or intervening motions. 4 Hinds Sec. 3077; Deschler Ch
23 Sec. 14.12.
A proposition against which a point of order is pending. 8
Cannon Sec. Sec. 2681, 3433.
A portion of a bill, including a single section. Manual
Sec. 996; 4 Hinds Sec. 4930.
More than one bill at a time (except by unanimous consent). 5
Hinds Sec. Sec. 5461-5464.
A measure being considered under a motion to suspend the rules.
Deschler Ch 23 Sec. 14.11.
Titles and Preambles
The rules of the House permit an amendment to the title of a bill
after its passage. Manual Sec. 922. However, it has been held that
when the previous question is ordered on a bill to final passage, the
order applies also to the title of the bill, thereby preventing its
amendment. 5 Hinds Sec. 5471.
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The ordering of the previous question on a pending resolution does
not cover the preamble thereto unless the proponent of the motion so
specifies. A motion to order the previous question on the preamble is
in order following the vote on the resolution. 5 Hinds Sec. 5469 (note
2); Deschler Ch 23 Sec. Sec. 14.7, 18.4. However, the motion for the
previous question may be applied at once to both a resolution and its
preamble. Manual Sec. 1002c.
Senate Amendments; Conference Reports
The previous question may be applied to a motion to dispose of a
Senate amendment in disagreement, such as a motion to recede. Deschler
Ch 23 Sec. 15.6. However, a simple motion for the previous question
applies to the immediate pending proposition only and not to other
pending questions. 8 Cannon Sec. 2676; but see Deschler Ch 23
Sec. 14.2. Similarly, a motion for the previous question may not be
applied to a question on agreeing to both a conference report and to a
motion to ask for a further conference on amendments not included in
the report. 5 Hinds Sec. 5465. Likewise, when the previous question is
ordered on a motion to send a matter to conference, it applies to that
motion alone and does not extend to a subsequent motion to instruct
conferees. 8 Cannon Sec. 2675.
Incidental Questions
The previous question covers the main proposition but does not
apply to questions that arise after the previous question has been
applied and that are merely incidental thereto. 8 Cannon Sec. 2687.
Thus, in one instance, it was held that the previous question applied
to certain resolutions but not to the question of whether certain
Members should be excused from voting thereon. 5 Hinds Sec. 5467.
Sec. 8 . Debate on Motion; Consideration and Disposition
Generally
The motion for the previous question is not debatable. Manual
Sec. 911; 5 Hinds Sec. 5301; Deschler Ch 23 Sec. 21.1. The motion
cannot be amended. Manual Sec. 452; 5 Hinds Sec. 5754. It is not
subject to a motion to table, and it cannot be postponed. Manual
Sec. Sec. 451, 998; 5 Hinds Sec. Sec. 5322, 5410, 5411. Jefferson
wrote, ``to change it to tomorrow, or any other moment is without
example and without utility.'' Manual Sec. 452. Indeed, he felt that
it would be ``absurd'' to postpone the previous question, it being his
view that the same result could be had simply by voting against the
previous question. Manual Sec. 451.
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Voting
The motion for the previous question is determined by a simple
majority vote, and may be ordered by less than a quorum on a motion
incident to a call of the House. 5 Hinds Sec. 5458. A motion for the
previous question on an amendment to a measure and on the measure is
not divisible so as to obtain separate votes on ordering the previous
question on the two propositions. Manual Sec. 996; Deschler Ch 23
Sec. 14.3. When the previous question is ordered on an amendment as
well as the main proposition to which it is offered, the vote is taken
first on the amendment and then immediately on the proposition.
Deschler Ch 23 Sec. 15.12. An order for the previous question does not
preclude a demand for a division of the question and for a separate
vote on distinct substantive propositions, such as a series of
resolutions. 5 Hinds Sec. 6149; 8 Cannon Sec. 3173.
Withdrawal of Motion; Renewal
A Member may withdraw his motion for the previous question if the
House has not acted thereon, and any Member entitled to the floor
thereafter may renew that motion. 8 Cannon Sec. 2683. If the House
acts on the motion and rejects it, the motion nevertheless may be
renewed after debate or other intervening business. Deschler Ch 23
Sec. Sec. 14.4, 22.17.
Vacating the Ordering of the Previous Question
The action of the House in ordering the previous question is
subject to the motion to reconsider. Manual Sec. 1006; 5 Hinds
Sec. 5655. The ordering of the previous question also may be vacated
by unanimous consent. 95-1, Oct. 6, 1977, p 32600. Thus, in one
instance, unanimous consent was granted to permit the consideration of
an amendment to a measure, even though the previous question was
operating on the measure. Deschler Ch 23 Sec. 14.13. The Chair has
also vacated the ordering of the previous question when it was
improperly moved while the other side was still controlling time.
Manual Sec. 997.
Sec. 9 . Effect
Generally; As Precluding Further Consideration
Except as discussed in sections 13 and 14, infra, the adoption of
the motion for the previous question stops all debate, precludes the
offering of amendments, and brings the House to an immediate vote on
the pending matter. 5 Hinds Sec. 5321; Deschler Ch 23 Sec. Sec. 15,
15.17. It cannot be modified, corrected, or changed, except by
unanimous consent. 5 Hinds Sec. Sec. 5482, 5485. A point of order
against the pending matter on which the previous question
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has been ordered may be overruled as untimely. Deschler Ch 23
Sec. 15.21. A motion ordinarily cannot be withdrawn once the previous
question has been ordered on it. Manual Sec. 905; 5 Hinds
Sec. Sec. 5355, 5489.
As Precluding Other Motions
With the exception of the motions to reconsider or to recommit
(Sec. Sec. 13, 14, infra), the ordering of the previous question
precludes the application of various motions to dispose of the pending
matter, including the motion to table (5 Hinds Sec. Sec. 5412-5422; 8
Cannon Sec. 2655), the motion to postpone (5 Hinds Sec. Sec. 5319-
5321; 8 Cannon Sec. Sec. 2609, 2616, 2617), and a motion in the House
to strike the enacting clause (Deschler Ch 23 Sec. 15.13).
Sec. 10 . -- On Debate Generally
Effect of Demand
After the previous question has been moved on a proposition, no
further debate on it is in order unless the previous question is
rejected. Deschler Ch 23 Sec. 15.1. All incidental questions,
including ordinary questions of order, are likewise decided without
debate. Manual Sec. 1000; 5 Hinds Sec. Sec. 5448, 5449. However, under
the present practice, the Chair may recognize and respond to a
parliamentary inquiry although the previous question may have been
demanded. Manual Sec. 1000. The demand precludes further debate on the
question of overriding a Presidential veto. Deschler Ch 23 Sec. 15.2.
Effect of Adoption
The ordering of the previous question on a proposition under
debate has the effect of terminating that debate. 5 Hinds
Sec. Sec. 5443, 5444; 8 Cannon Sec. 2662. The reading of a report or
other paper, being in the nature of debate, is not in order
thereafter. 5 Hinds Sec. Sec. 5294, 5296. The proponent's right to
close debate is likewise precluded. 5 Hinds Sec. Sec. 4997-5000.
Propositions on which pending debate has been terminated by the motion
include: an amendment offered to a resolution reported by the
Committee on Rules (Deschler Ch 23 Sec. 15.10), an amendment in the
nature of a substitute (Deschler Ch 23 Sec. 15.11), and a motion to
dispose of an amendment in disagreement between the Houses (Deschler
Ch 23 Sec. 15.8). However, a question involving the privileges of the
House, subject to proper notice under rule IX, may intervene and be
debated, notwithstanding the ordering of the previous question on a
pending proposition, unless the previous question has been ordered to
final passage under a special rule prohibiting any intervening
motions. 3 Hinds Sec. 2532.
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Effect of Special Rule Ordering the Previous Question
A special rule governing consideration of a matter may order the
previous question to adoption or passage without intervening motion
(often excepting one motion to recommit). Such a resolution
nevertheless would permit debate for 10 minutes on the motion to
recommit a bill or joint resolution with instructions (Manual
Sec. 1001; Deschler Ch 23 Sec. 15.15) but would preclude a motion to
postpone or a motion to adjourn during pendency of the matter (Manual
Sec. 1002; 4 Hinds Sec. Sec. 3211-3213). Alternatively, a special rule
that orders the previous question after debate may permit an
intervening motion during debate, such as the motion to postpone. 96-
2, Mar. 12, 1980, p 5388.
Sec. 11 . -- On Divided Debate
Generally
When debate is divided by rule, or by the manager yielding time,
the previous question may not be moved until the other side has used
or yielded back its time. Manual Sec. 997.
Forty-minute Debate
An exception to the rule that the previous question cuts off
debate is found in rule XIX clause 1. It allows 40 minutes of debate
where the previous question is ordered on a debatable proposition that
in fact has not been debated. Manual Sec. 999. This rule was adopted
in 1880 to prevent passing measures without a word of debate, a
frequent practice before that time. 5 Hinds Sec. 6821. The right to 40
minutes of debate accrues only if the previous question is ordered,
not merely moved. Deschler Ch 23 Sec. 21.4. However, the 40 minutes of
debate must be demanded before the House begins to vote on the main
question. 5 Hinds Sec. 5496.
Debate under the 40-minute rule is divided between the proponent
of the pending proposition and an opponent. Deschler Ch 23 Sec. 21.2.
If there has been any debate at all on the merits of the pending
proposition before the ordering of the previous question, the 40
minutes of debate permitted by the rule cannot be claimed. 5 Hinds
Sec. Sec. 5499-5502. That time may not be demanded on a proposition
that has been debated in the Committee of the Whole. 5 Hinds
Sec. 5505. The 40-minute rule does not apply to propositions that are
themselves not debatable, such as a motion to close debate. 8 Cannon
Sec. Sec. 2555, 2690; Deschler Ch 23 Sec. 21.7.
The word ``question'' in the 40-minute rule refers to the main
question and does not refer to incidental motions, such as a motion to
recommit a bill. 5 Hinds Sec. 5497. ``Debate'' means debate on the
main question and not
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on something incidentally connected therewith, such as a concurrent
resolution correcting an error in the section numbers of the bill. 5
Hinds Sec. 5508.
The 40 minutes of debate may be claimed where the previous
question has been ordered on an amendment that has not been debated
either in the House or in the Committee of the Whole. 5 Hinds
Sec. 5503. However, the 40 minutes of debate may not be claimed with
respect to an undebated amendment if the previous question was ordered
both on the undebated amendment and the main proposition and the main
proposition was debated. 5 Hinds Sec. 5504.
The 40-minute rule does not apply at the inception of a Congress
before the adoption of rules. 5 Hinds Sec. 5509; Deschler Ch 23
Sec. 21.6.
Sec. 12 . -- On Amendments
The previous question is an essential tool of the proponent of a
proposition. After the previous question has been moved on a
proposition, it is not subject to further amendment unless the motion
is rejected by the House. Deschler Ch 23 Sec. 15.5. If the previous
question is ordered, no further amendments to the proposition are in
order except for an amendment proposed in a motion to recommit with
instructions. 8 Cannon Sec. 3231; Deschler Ch 23 Sec. 15.7; Sec. 13,
infra. Ordering the previous question precludes amendment to a special
order reported by the Committee on Rules or to a motion to recommit
with instructions. 8 Cannon Sec. Sec. 2698, 2712, 3241; Deschler Ch 23
Sec. 15.14.
Ordering the previous question on a proposition precludes
amendments even if the question is not subject to debate. 5 Hinds
Sec. Sec. 5473, 5490. For example, the previous question may be
applied in the House to the nondebatable motion to recommit in order
to prevent amendment. Manual Sec. 996.
Although unanimous consent may be granted for the consideration of
an amendment even though the previous question has been ordered, the
Speaker may decline to entertain unanimous-consent requests for that
purpose. Deschler Ch 23 Sec. Sec. 14.13, 15.18.
The motion for the previous question is not used in the Committee
of the Whole. However, it is applicable to the work product that the
Committee reports to the House. Where the previous question is ordered
on some amendments reported from the Committee of the Whole, they must
be disposed of before further consideration of the remaining
amendments. Deschler Ch 23 Sec. 15.19.
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Amendments also are precluded where the House is operating
pursuant to a special order providing that the previous question is
``considered as ordered.'' Deschler Ch 23 Sec. Sec. 15.15, 15.16.
Sec. 13 . Recommittal
Generally
Rule XIX clause 2 permits a motion to recommit (or commit) the
pending measure to a committee either pending the motion for or after
the ordering of the previous question. Manual Sec. 1001. This
provision was adopted in 1880 to afford ``the amplest opportunity to
test the sense of the House as to whether or not the bill is in the
exact form it desires.'' 5 Hinds Sec. 5443; see Refer and Recommit.
Amendment and Debate
Contrary to the early practice, the opponents of the bill are
given priority in recognition to move to recommit it to a committee.
Manual Sec. Sec. 1001, 1002; 2 Hinds Sec. 1456. The motion to recommit
under this rule may be amended, as by adding instructions, unless such
amendment is precluded by moving the previous question on the motion.
5 Hinds Sec. Sec. 5582-5584; 8 Cannon Sec. 2695.
A motion to recommit with instructions commonly provides that the
committee report ``forthwith.'' If the motion is adopted, the
committee chairman immediately reports to the House in conformity with
the instructions; and the bill, as modified, is automatically before
the House again. The House then votes separately on the amendments,
which are not subject to further amendment if the previous question
has been ordered on the bill to passage. The previous question, when
ordered on the bill, continues in force until disposition of the bill
and is not vitiated by its recommitment. Thus, where the previous
question is moved on a resolution and an amendment thereto, and the
House orders it recommitted with instructions to report with an
amendment forthwith, the previous question remains operative to bar a
subsequent amendment. 8 Cannon Sec. 2677.
Sec. 14 . Reconsideration
The vote on ordering the previous question on a measure is subject
to the motion to reconsider. 5 Hinds Sec. 5655. However, a motion to
reconsider that vote may not be entertained if the House has partially
executed that order, as by voting on an amendment. 5 Hinds
Sec. Sec. 5653, 5654. The vote ordering the previous question on a
special order reported from the Committee
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on Rules may be reconsidered and such reconsideration is not dilatory
under rule XIII clause 6(b). Manual Sec. Sec. 858, 1006; see also
Reconsideration.
A motion to reconsider a vote on a proposition may be made after
the previous question has been demanded on the proposition or even
after it has been ordered and while it is operating. Manual Sec. 1005;
5 Hinds Sec. Sec. 5656-5662. Under the modern practice, where the
House votes to reconsider a proposition on which the previous question
was operating when first voted on, no debate is in order except by
unanimous consent. Deschler-Brown Ch 29 Sec. 6.51.
Sec. 15 . Rejection of Motion--As Permitting Further Consideration
Generally
The defeat of the motion for the previous question on a pending
proposition ordinarily opens up that proposition to further
consideration, amendment, and debate. Deschler Ch 23 Sec. Sec. 22.1-
22.5. However, the rejection of the motion for the previous question
on a measure that is not subject to amendment, such as a conference
report, does not open the measure to amendment but only extends the
time for debate thereon. Deschler Ch 23 Sec. 22.15. Similarly, if a
pending proposition is not debatable, but is vulnerable to an
amendment, the defeat of the previous question does not provide time
for debate but only the opportunity for amendment. Deschler Ch 23
Sec. 22.8.
Motions
The rejection of the previous question can open a motion to
further amendment. Examples include motions to instruct conferees, to
recede and concur in a Senate amendment, to recommit a bill with
instructions, and to recommit a conference report. Deschler Ch 23
Sec. Sec. 22.12, 22.13, 22.16.
Sec. 16 . -- As Affecting Recognition
If the previous question is voted down on a proposition,
recognition passes to an opponent of the motion for the previous
question. Deschler Ch 23 Sec. Sec. 23.1, 23.5. Thus, the previous
question on a resolution being voted down, the Speaker may recognize a
Member who led that effort, who may offer an amendment and be
recognized for one hour. Deschler Ch 23 Sec. Sec. 23.2, 23.5. However,
recognition of such Member could be preempted by another Member with a
preferential motion, such as the motion to lay on the table. Manual
Sec. 954. The recognition of the Member is not precluded by the fact
that he has been previously recognized to offer an amendment. Deschler
Ch 23 Sec. 23.4.
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The practice of bestowing recognition on a Member leading the
opposition upon rejection of the previous question is applied to a
resolution from the Committee on Rules and to a motion to instruct
conferees. Deschler Ch 23 Sec. Sec. 23.6, 23.7.
In recognizing one of the leaders of the opposition when the
previous question is rejected, the Chair gives preference to a Member
of the minority if he actively opposed ordering the previous question.
Deschler Ch 23 Sec. 23.1. However, where no minority member so
qualified seeks recognition, a majority member who opposed the
previous question on the pending proposition may be recognized.
Deschler Ch 23 Sec. 23.8.
Sec. 17 . Effect of Adjournment When Previous Question Operating
If the House adjourns without voting on a proposition on which the
previous question has been ordered, the question comes up on the next
legislative day. 8 Cannon Sec. Sec. 2693, 2694; Deschler Ch 23
Sec. Sec. 15.22, 24.2. The proposition is taken up as unfinished
business immediately after disposal of business on the Speaker's
table. 5 Hinds Sec. Sec. 5510-5517; 8 Cannon Sec. 2674; Deschler Ch 23
Sec. 24.2. Multiple bills coming over from a previous day with the
previous question ordered thereon have precedence in the order in
which the several motions for the previous question were made. 5 Hinds
Sec. 5518. A proposition coming over from the preceding day with the
previous question ordered thereon has been held to take precedence
over a motion for the disposition of a veto message from the President
and to take precedence over a motion to go into the Committee of the
Whole for the consideration of a bill privileged by special order. 8
Cannon Sec. Sec. 2674, 2693; generally, see Unfinished Business.