[Deschler's Precedents, Volume 2]
[Chapter 7. The Members]
[Index to Precedents]
[From the U.S. Government Printing Office, www.gpo.gov]
[Page 651-657]
CHAPTER 7
The Members
[[Page 651]]
A. Introductory
Sec. 1. In General; Rights and Privileges; Term of Office
Sec. 2. Seniority and Derivative Rights
Sec. 3. Status of Delegates and Resident Commissioner
B. Compensation and Allowances
Sec. 4. Salary; Benefits and Deductions
Sec. 5. Leaves of Absence
Sec. 6. Travel
Sec. 7. Franking
Sec. 8. Office and Personnel Allowances; Supplies
C. Qualifications and Disqualifications
Sec. 9. In General; House as Judge of Qualifications
Sec. 10. Age, Citizenship, and Inhabitancy
Sec. 11. Conviction of Crime; Past Conduct
Sec. 12. Loyalty
Sec. 13. Incompatible Offices
Sec. 14. Military Service
D. Immunities of Members and Aides
Sec. 15. Generally; Judicial Review
Sec. 16. For Speech and Debate
Sec. 17. For Legislative Activities
Sec. 18. From Arrest
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Commentary and editing by Peter D. Robinson, J.D.
DESCHLER'S PRECEDENTS
deschler's precedents
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INDEX TO PRECEDENTS
Allowances
House Administration Committee, jurisdiction over, Sec. Sec. 6.1-
6.3, 8.1 et seq.
Appointment to civil office
cabinet appointment, constitutional issue raised, Sec. 13.6
Supreme Court appointment, constitutional challenge to, Sec. 13.4
time of resignation from House to avoid violating Constitution,
Sec. 13.5
Clerk-hire allowance (see also Employees of Members)
adjustments to, Sec. 8.4
jurisdiction of Committee on House Administration over, Sec. 8.1
Code of conduct
gifts and honorariums, Sec. Sec. 1.1, 1.2
Committees
Committee on Committees, jurisdiction over committee elections,
Sec. 2.7
Judiciary Committee, jurisdiction over court appearance of Members,
Sec. 15.2
membership on, of Delegates and Resident Commissioner,
Sec. Sec. 3.9-3.11
seniority in, Sec. Sec. 2.2, 2.5-2.7
Congressional Record
immunity as to remarks inserted in, Sec. 16.3
reprints of, mailed under frank, Sec. 7.4
republication and distribution of, limited immunity as to,
Sec. 16.3
Constituents
communications as to, by Member to executive branch, Sec. 1.5
Contingent fund
jurisdiction of Committee on House Administration over, Sec. 8.1
payments from, as privileged, Sec. 8.8
Crime
as disqualification to membership, Sec. 11.4
Deaths
announcement of, by senior Member of state delegation, Sec. 2.21
unpaid salary of deceased Member, Sec. Sec. 4.12, 4.13
Delegates and Resident Commissioner
code of official conduct governs, Sec. 3.8
committee membership, Sec. 3.9
elimination through statehood or independence, Sec. Sec. 3.3-3.5
establishment of office, Sec. Sec. 3.1, 3.2
floor rights, Sec. 3.8
introduction of bills by, Sec. 3.6
powers and privileges in committee, Sec. Sec. 3.10, 3.11
recommittal of private bills caused by, Sec. 3.7
Employees of Members
clerk-hire allowance, Sec. Sec. 8.4, 8.5
House Administration Committee, jurisdiction over, Sec. Sec. 8.1,
8.2
legislative aides as entitled to immunity of Member, Sec. 17.4
minimum gross annual salary, Sec. 8.5
temporary employment, Sec. 8.2
Exclusion of Member-elect
for other than constitutional qualifications, Sec. Sec. 9.3-9.6
Foreign gifts and awards
consent of Congress for, Sec. 1.3
resolutions authorizing receipt of, Sec. Sec. 1.3, 1.4
Speaker's acceptance of, resolution authorizing, Sec. 1.4
Franking privilege
abuse of, as question of privilege, Sec. 7.5
congressional guidelines, Sec. 7.1
Congressional Record and reprints, Sec. 7.4
judicial inquiry into use of, Sec. 16.2
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patron mail, allowed for House but not for Senate, Sec. 7.3
postal service interpretation and enforcement, Sec. 7.2
Gifts and honorariums
disclosure of, by House rule, Sec. 1.2
restrictions on, Sec. 1.1
House
conditional waiver of privilege of the House, Sec. 18.3
exclusion from, for improper conduct, Sec. 11.1
exclusion of Member-elect from, by majority vote, Sec. 9.3
House officers
Clerk's authority over House funds, Sec. Sec. 4.2, 6.7
enjoining enforcement of exclusion resolution by, Sec. 9.4
liability for executing unconstitutional congressional order,
Sec. 16.5
services to Delegates and Resident Commissioner, Sec. 3.8
Immunities
House determines violation of, Sec. 15.1
jurisdiction of Judiciary Committee, Sec. 15.2
procedure when Member subpoenaed Sec. Sec. 15.2, 15.3
Immunity from arrest
accommodation with court, Sec. 18.2
criminal summons or arrest, application of, Sec. 18.5
grand jury inquiry, application of, Sec. 17.4
grand jury summons, application of, Sec. Sec. 18.1, 18.2
subpena of witness, application of, Sec. Sec. 18.3, 18.4
violation of, as question of privilege, Sec. Sec. 18.2-18.4
Immunity of speech and debate
application to House officials, Sec. 16.5
Congressiona Record materials, Sec. 16.3
defense of, to conspiracy or bribery charge, Sec. Sec. 16.1, 16.2
defense of, to defamation suit, Sec. Sec. 16.3, 16.4
relation to franking privilege, Sec. 16.2
Immunity of speech and debate for legislative activities
committee activities and reports, Sec. Sec. 17.1-17.3
disclosure of classified material, Sec. 17.4
employees of House, application to, Sec. 17.1
grand jury inquiry of legislative aide, Sec. 17.4
Incompatible offices
dual salary prohibited, Sec. Sec. 13.1, 13.2, 14.7
military service, Sec. Sec. 14.1 et seq.
resignation to accept, Sec. Sec. 13.2, 13.3
state executive position as, Sec. 13.1
United Nations appointment as, Sec. 13.2
waiver of salary when retaining, Sec. 13.1
Judiciary
appointments of Members to, Sec. Sec. 13.3-13.5
review by, of use of frank, Sec. 7.1
Leaves of absence
challenges to requests for, Sec. Sec. 5.5, 5.6
military service, Sec. Sec. 5.3, 5.4
salary deduction, Sec. Sec. 5.1, 5.8
Litigation by Members, Sec. Sec. 1.6-1.9
Medical expenses of Members injured in House, Sec. 4.11
Member-elect, standing to sue House officer, Sec. 1.6
Military service
Congress allows Members to serve, Sec. Sec. 14.4, 14.5
congressional salary withheld during, Sec. 14.7
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draft deferment for Congressmen, Sec. 14.3
reserve duty as incompatible, Sec. 14.1
reserve duty of Congressmen, Sec. 14.2
World War II practice, Sec. Sec. 14.4-14.7
Office space and supplies
adjustments in, by committee, Sec. Sec. 8.3, 8.6
effect of seniority, Sec. 2.1
home district, adjustment of allowances for, Sec. 8.6
jurisdiction of House Administration Committee over, Sec. Sec. 8.1,
8.3, 8.8
``Pentagon papers,'' disclosure of, Sec. 17.4
Qualifications and disqualifications (see also Incompatible offices)
age requirement satisfied at taking oath, Sec. Sec. 10.1 et seq.
challenge by citizen, Sec. 9.2
challenging procedure, Sec. 9.1
citizenship, claim of forfeiture of, Sec. 10.3
citizenship requirement satisfied at taking oath, Sec. Sec. 10.1-
10.3
criminal conviction as disqualification, Sec. 11.4
Delegates, qualifications for, Sec. Sec. 3.1, 3.2
inhabitancy, challenges to, Sec. 10.4
inhabitancy, requirement of, at time of election, Sec. 10.4
limits on House power to determine, Sec. Sec. 9.3, 9.4
past conduct as disqualification, Sec. Sec. 11.1-11.3
Senate determinations, Sec. Sec. 9.5, 9.6
Salary of Members
challenged Member-elect, Sec. Sec. 4.3-4.5
Commission on Executive, Legislative, and Judicial Salaries,
Sec. 4.1
deduction for unauthorized absence, Sec. 5.1
deduction from, as penalty, Sec. 4.4
disposition of, when deceased, Sec. Sec. 4.12, 4.13
dual compensation, Sec. Sec. 4.6, 4.7
fixing, Sec. 4.1
funds for, Sec. 4.2
of Member-elect pending investigation, Sec. 4.3
retirement, health, and insurance benefits, Sec. Sec. 4.10, 4.11
retroactive to beginning of term, Sec. 4.5
Sergeant at Arms disburses, Sec. Sec. 4.2, 4.6
waiver of, Sec. Sec. 4.8, 4.9
Senate
exclusion from, for improper conduct, Sec. Sec. 11.2, 11.3
qualifications and disqualifications in general, Sec. Sec. 9.5-9.7
qualifications of age, citizenship, and inhabitancy, Sec. 10.2
seniority practice, Sec. Sec. 2.23, 2.24
waiver of salary by Senator, Sec. 4.9
Seniority
committee seniority, Sec. Sec. 2.5-2.7
computation of, Sec. Sec. 2.1-2.3
corrections in, Sec. Sec. 2.8-2.10
definition of, Sec. Sec. 2.1, 2.2, 2.20
Delegates and Resident Commissioner, Sec. Sec. 3.10, 3.11
demotions in, Sec. Sec. 2.11-2.16
effect of, in ceremonial functions, Sec. Sec. 2.20-2.22
of Member-elect, Sec. 2.11
party realignment as affecting, Sec. Sec. 2.17, 2.18
recognition for amendments based on, Sec. 2.19
Senate practice, Sec. Sec. 2.23, 2.24
Stationery allowance, Sec. 8.7
Summons and subpenas, Sec. Sec. 18.1-18.5
Travel allowance
adjustments in, power of House Administration Committee as to,
Sec. Sec. 6.2, 6.3
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appointees to attend conferences and ceremonies, right to,
Sec. Sec. 6.5, 6.6
counterpart funds for overseas travel, Sec. Sec. 6.8, 6.9
extra sessions, resolution for, Sec. 6.7
jurisdiction over, by House Administration Committee,
Sec. Sec. 6.1, 6.2
Members and employees, right to, Sec. Sec. 6.3, 6.4
regulation of, Sec. 6.8
Vote
majority, to exclude Member-elect for improper conduct, Sec. 9.3
two-thirds, to expel for improper conduct, Sec. 9.5
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The Members