[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