[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 3. Appeals]
[From the U.S. Government Publishing Office, www.gpo.gov]
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, 884, 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
clause 5 of rule I, 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 the ruling 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 and 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 and to rise and close debate in the House. Manual
Sec. 629.
The vote on an appeal may be taken by record vote. 98-2, June 26,
1984, p 18861. A majority vote sustains the ruling. 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 may cast a vote in favor of the 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
Clause 5 of rule I 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 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.
Whether a Member has embellished a unanimous-consent request
with improper debate. 113-1, July 11, 2013, p__.
An appeal may also be taken from the ruling of the chair 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, 20181.
Sec. 3 . When Not in Order
The Speaker's decision on a question of order is not subject to
appeal if the decision is one that falls within the discretionary
authority of the Chair. For example, an appeal may not be taken from
the following:
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 demanding 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 determination that a unanimous-consent request has
been objected to. 113-1, July 11, 2013, p__ (although the
Chair's ruling on the timeliness of an objection is subject to
appeal. 109-1, Apr. 14, 2005, pp 6393, 6394).
Chair's response to a parliamentary inquiry. 5 Hinds
Sec. 6955; 8 Cannon Sec. 3457; Manual Sec. 629.
Chair's announcement of an adjustment to the whole number of
the House. Clause 5(d) of rule XX.
Chair's announcement of the content of a catastrophic quorum
failure report by the Sergeant-at-Arms (or a designee). Clause
5(c)(5) of rule XX.
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 clause 7(a) of
rule XX 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.
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). However,
debate is not in order on an appeal from a ruling of the Chair on the
priority of business (clause 6 of rule XIV; 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 the adoption of a motion to close debate or to rise and
report. 5 Hinds Sec. Sec. 6947, 6950; 8 Cannon Sec. Sec. 2347, 3453-
3455.
Members may speak only 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 while 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. See 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 the 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 (where
underlying matter was postponed). 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 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 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.