Deschler's Precedents, Volume 1, Chapters 1 - 6

[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 1.  Assembly of Congress]
[B. Procedure]
[§ 9. Motions]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 53-59]
 
                               CHAPTER 1
 
                          Assembly of Congress
 
                              B. PROCEDURE
 
Sec. 9. Motions

    As previously indicated, the House has before it, following the 
election of the Speaker, several substantive matters to resolve without 
the aid of standing rules.⁽¹³⁾ The swearing in of Members, 
the election of officers, and even the adoption of rules themselves 
necessitate the putting of motions from the floor. Before rules are in 
effect, motions are governed in their admissibility and effect by 
precedent and by the general parliamentary law as applied in the House 
of Representatives.⁽¹⁴⁾ That general authority does not, 
however, preclude reliance by the Speaker on the rules of past 
Congresses as a basis for admitting certain motions. For example, the 
motion to recommit after the ordering of the previous question has been 
ruled applicable in the House prior to the adoption of rules because it 
was within the ``spirit'' of the rules of the past 
Congress.⁽¹⁵⁾ Therefore, in many instances the use of 
motions before the adoption of rules resembles more closely their use 
under the House rules than under Jefferson's Manual.⁽¹⁾
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13. There are often introduced, before the adoption of standing rules, 
        resolutions relating to the adoption of the rules or to the 
        swearing in of Members or to other organizational business. 
        Action on such resolutions (as well as on any legislation that 
        may be considered), including debate, withdrawal, amendment, 
        and consideration, raises a variety of procedural questions 
        covered elsewhere (see Sec. 12, infra).
14. See, in general, 5 Hinds' Precedents Sec. Sec. 6757-63; 8 Cannon's 
        Precedents Sec. Sec. 3383-86.
15. See Sec. 9.5, infra.
 1. For motion practice generally, see Ch. 23, infra. Ch. 5, infra, 
        discusses the applicability of Jefferson's Manual to the 
        procedure of the House of Representatives.
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[[Page 54]]

    There are motions, of regular use in the House, whose admissibility 
prior to the adoption of rules is unquestioned, since they
are authorized by the Constitution:⁽²⁾ the demand for the 
yeas and nays⁽³⁾ and the motion for a call of the House. The 
motion to adjourn is likewise admissible before the adoption of rules, 
either before or after the election of the Speaker; the motion is of 
standard usage under general parliamentary law⁽⁴⁾ and is 
authorized by the Constitution as well.⁽⁵⁾ The House may 
adjourn for more than one day before the election of the 
Speaker,⁽⁶⁾ but since a concurrent resolution is necessary 
to adjourn for more than three days,⁽⁷⁾ the House cannot 
move to adjourn for more than three days before the Speaker is elected 
and each House is notified of a quorum in the other.⁽⁸⁾ The 
motion to adjourn is accorded preferential treatment before the 
adoption of the rules as well as after.⁽⁹⁾
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 2. Art. I, Sec. 5, clause 3 authorizes one-fifth of those Members 
        present to call for the yeas and nays, and under art. I, 
        Sec. 5, clause 1, less than a majority of Members may compel 
        the attendance of absent Members when a quorum is lacking. The 
        question has arisen whether the body of Representatives 
        assembled has all the powers of the ``House,'' as contemplated 
        by the constitutional provisions, before organization is 
        completed. As discussed at 1 Hinds' Precedents Sec. 82, 
        however, that body may elect officers and adopt rules under the 
        Constitution and is therefore authorized to follow, before 
        organization is completed, at least those constitutional 
        provisions relating to procedure and to organization.
 3. See 1 Hinds' Precedents Sec. 91; 5 Hinds' Precedents 
        Sec. Sec. 6012-13. For an instance where the Speaker has 
        entertained a second demand for the yeas and nays after being 
        once refused on the same question, before rules adoption, see 
        Sec. 9.1, infra.
 4. See Jefferson's Manual, House Rules and Manual Sec. 584 (1973).
 5. Art. I, Sec. 5, clause 1 authorizes less than a majority of the 
        House to adjourn from day to day.
 6. 1 Hinds' Precedents Sec. 89
 7. U.S. Const. art. I, Sec. 5, clause 4. Generally, see Ch. 40, infra.
 8. Since a message from one House that a quorum has appeared is not 
        delivered in the other until a quorum has appeared there also 
        (1 Hinds' Precedents Sec. 126), and the message of a quorum is 
        not sent until after the election of a Speaker (Sec. 7.1, 
        supra), official consent for adjournment for more than three 
        days could presumably not be obtained until that point in time.
 9. See Jefferson's Manual, House Rules and Manual Sec. 439 (1973), for 
        the parliamentary rule. On occasion, the Clerk presiding at the 
        opening has entertained no other motion than the motion to 
        adjourn (1 Hinds' Precedents Sec. 67). On one instance, after 
        organization had been completed, the Speaker held the motion to 
        adjourn of higher precedence than the privileged motion to 
        proceed to the election of a new Speaker (8 Cannon's Precedents 
        Sec. 2641). The motion cannot, however, defer the right of a 
        Member-elect to take the oath (1 Hinds' Precedents Sec. 622).

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[[Page 55]]

    When a motion is made from the floor, it must be read to the House 
and then put to the question under general parliamentary law as well as 
under the standing rules of the House.⁽¹⁰⁾ (After the 
Speaker is elected, he puts motions to the House; while the Clerk is 
presiding, however, he may decline to put a question to the House, 
whereupon a Member-elect may put it from the floor.)⁽¹¹⁾ The 
Speaker must recognize Members proposing motions which are privileged 
at the stage of organization.⁽¹²⁾
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10. See Jefferson's Manual, House Rules and Manual Sec. 392 (1973). 
        Under House practice, however, a motion does not require a 
        second as stated in Jefferson's Manual.
11. See 1 Hinds' Precedents Sec. 67.
12. 8 Cannon's Precedents Sec. 3383. Motions relating to the 
        organization of the House are privileged; an example is the 
        motion to proceed to the election of officers (1 Hinds' 
        Precedents Sec. 290).
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    When a Member offers a resolution prior to the adoption of standing 
rules, he is entitled to one hour of debate on the 
resolution;⁽¹³⁾ under general parliamentary law he may yield 
time for debate to others and still retain the right to resume debate 
or to move the previous question.⁽¹⁴⁾ The previous question 
is a standard motion under parliamentary law,⁽¹⁵⁾ and may be 
moved before the adoption of the rules.⁽¹⁶⁾ However, the 40 
minutes of debate allowed by Rule XXVII of the rules, on a question on 
which there has been no debate, does not apply before the rules are 
effective.⁽¹⁷⁾ The House may recommit, refer, lay on the 
table, or refuse to pass on the pending resolution in any shape, under 
general parliamentary prin
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13. 1 Hinds' Precedents Sec. 6759; see also Sec. 12.3, infra.
14. 8 Cannon's Precedents Sec. 3383.
15. See Jefferson's Manual, House Rules and Manual Sec. 461 (1973). As 
        used in the House, however, the previous question no longer has 
        the purpose stated by Jefferson (House Rules and Manual 
        Sec. 450 [1973]), to avoid lengthy debate on embarrassing 
        questions or to suppress motions.
16. 5 Hinds' Precedents Sec. 6758; 8 Cannon's Precedents 
        Sec. Sec. 3383. 3386; Sec. 9.3 infra.
17. If ordered without previous debate, the previous question allows 40 
        minutes' debate under Rule XXVII clause 3, House Rules and 
        Manual Sec. 907 (1973). Prior to rules adoption, the 40 minutes 
        is not in order (8 Cannon's Precedents Sec. 3385). See also 
        Sec. 9.4, infra.
                         
[[Page 56]]

ciples.⁽¹⁸⁾ In allowing the motion 
to recommit after the previous question has been moved, Speakers have 
based their rulings not only on the general parliamentary law, but also 
on the usage of the House of Representatives, includ
ing the standing rules of past Congresses;⁽¹⁹⁾ such reliance 
was necessary to admit the motion to recommit, as Jefferson's Manual 
does not authorize it after the moving of the previous 
question.⁽²⁰⁾ If a resolution is recommitted before the 
adoption of rules, it will be recommitted to a select or special 
committee appointed by the Speaker.⁽¹⁾
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18. See 5 Hinds' Precedents Sec. 6758.
19. See 1 Hinds' Precedents Sec. Sec. 3383-84; 5 Hinds' Precedents 
        Sec. 5604; Sec. 9.5, infra.
20. See Jefferson's Manual, House Rules and Manual Sec. 461 (1973).
 1. See 5 Hinds' Precedents Sec. 5604; 8 Cannon's Precedents Sec. 3383. 
        Committees are not constituted before the adoption of rules.
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    The House may utilize the motion to postpone consideration of a 
resolution before adoption of rules,⁽²⁾ and it may amend by 
germane amendment a resolution on which the previous question is 
rejected.⁽³⁾
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 2. See Sec. 9.7, infra.
 3. See Sec. Sec. 9.3, 12.6, 12.7, infra.
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    On an occasion where the House was voting on the previous question, 
the Speaker declined to record the vote of a Member who failed to 
qualify as being in the Hall and listening when his name was called, 
before the adoption of rules.⁽⁴⁾
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 4. 8 Cannon's Precedents Sec. 3386.
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Demand for Yeas and Nays

Sec. 9.1 The yeas and nays may not be demanded after they have been 
    once refused on the same question; but before the adoption of the 
    rules a second demand has been entertained where the Speaker was in 
    doubt of the result of a viva voce vote on the question.

    On Jan. 3, 1969,⁽⁵⁾ after the yeas and nays were refused 
on the previous question, a parliamentary inquiry was stated:
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 5. 115 Cong. Rec. 29, 30, 91st Cong. 1st Sess.
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        Mr. Gerald R. Ford [of Michigan]: Is this yea-and-nay vote on 
    the previous question?
        The Speaker [John W. McCormack, of Massachusetts]: It is.
        Mr. Ford: I thank the Chair.
        The Speaker: The question is on ordering the previous question.
The question was taken; and the Speaker announced that the yeas 
appeared to have it.

        Mr. Gross:⁽⁶⁾ Mr. Speaker, on that I demand the yeas 
    and nays.
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 6. Mr. Harold R. Gross (Iowa).
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[[Page 57]]

The yeas and nays were ordered.

Sec. 9.2 Prior to the adoption of rules, one-fifth of the Members 
    present may order a yea and nay vote pursuant to the Constitution.
    On Jan. 4, 1965,⁽⁷⁾ prior to the adoption of standing 
rules, Speaker John W. McCormack, of Massachusetts, stated in response 
to a parliamentary inquiry that under the Constitution, it would 
require one-fifth of the Members present to rise to order a yea and nay 
vote.
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 7. 111 Cong. Rec. 19, 89th Cong. 1st Sess.
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Motions for the Previous Question

Sec. 9.3 Prior to the adoption of rules, the previous question is 
    applicable in the House; after the previous question has been 
    moved, the resolution before the House is not subject to amendment 
    unless the previous question is rejected.

    On Jan. 4, 1965,⁽⁸⁾ prior to rules adoption, Speaker 
John W. McCormack, of Massachusetts, stated in response to a 
parliamentary inquiry that if the previous question was voted down, it 
would then be in order to offer a proper amendment.
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 8. 111 Cong. Rec. 19, 89th Cong. 1st Sess.
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Sec. 9.4 Prior to the adoption of rules, when the motion for the 
    previous question is moved without debate, the 40 minutes' debate 
    prescribed by House rules during the previous Congress does not 
    apply.

    On Jan. 7, 1959,⁽⁹⁾ after the previous question was 
moved on a House resolution, Mr. Thomas P. O'Neill, Jr., of 
Massachusetts, arose to state a parliamentary inquiry:
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 9. 105 Cong. Rec. 14, 86th Cong. 1st Sess.
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        Mr. O'Neill: Mr. Speaker, when the previous order has been 
    moved and there is [sic] no debate, under the rules of the House 
    are we not entitled to 40 minutes debate?
        The Speaker:⁽¹⁰⁾ Under the precedents, the 40-minute 
    rule does not apply before the adoption of the rules.
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10. Sam Rayburn (Tex.).
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Motion to Recommit

Sec. 9.5 A ruling to admit the motion to recommit after the ordering of 
    the previous question, before the adoption of rules, was based upon 
    a construction of the standing rules of prior Congresses.

[[Page 58]]

    On Dec. 7, 1931,⁽¹¹⁾ Mr. Carl E. Mapes, of Michigan, 
stated a parliamentary inquiry:
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11. 75 Cong. Rec. 12, 72d Cong. 1st Sess.
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        I understood the gentleman from North Carolina to say that he 
    would not yield the floor for the purpose of al
    lowing an amendment to his motion. I would like to ask the Speaker 
    if it is not a fact, even though he does not yield the floor for 
    that purpose and the previous question should be ordered on the 
    resolution, that some Member on this side would have the right to 
    move to recommit or move to amend the resolution?

        The Speaker:⁽¹²⁾ Within the spirit of the rules of 
    the 71st Congress on the motion to recommit, the Chair thinks that 
    they should have that right.
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12. John N. Garner (Tex.).
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        Mr. Mapes: I think the ruling of the Chair is correct. If the 
    Chair will recollect, Speaker Clark, at the beginning of the 63d 
    Congress, ruled to the same effect.
        The Speaker: The Chair is familiar with that 
    ruling.⁽¹³⁾
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13. Speaker Clark's ruling was made on Apr. 7, 1913, 50 Cong. Rec. 77, 
        63d Cong. 1st Sess., and is cited at 8 Cannon's Precedents 
        Sec. 3384.
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Motion to Amend

Sec. 9.6 A resolution authorizing the Speaker to administer the oath to 
    a Representative-elect was open to amendment when the House refused 
    to order the previous question thereon, prior to the adoption of 
    rules.

    On Jan. 3, 1969,⁽¹⁴⁾ after the House refused to order 
the previous question on a resolution to authorize the Speaker to 
administer the oath of office to Member-elect Adam C. Powell, of New 
York, an amendment was offered providing that the Speaker administer 
the oath but including several conditions of punishment for acts 
committed in a prior Congress.
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14. 115 Cong. Rec. 22, 23, 91st Cong. 1st Sess.
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Motion to Postpone

Sec. 9.7 A motion to postpone consideration of a resolution to a day 
    certain is in order prior to adoption of the rules.

    On Jan. 21, 1971,⁽¹⁵⁾ it was moved that an amendment to 
the rules of the House be considered as read and printed in the Record 
and that further consideration be put over until the next day. The 
House agreed to the motion.
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15.  117 Cong. Rec. 15, 92d Cong. 1st Sess.
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Call of the House

Sec. 9.8 Prior to the adoption of the rules, a motion for a call of the 
    House is in order 
                         
[[Page 59]]

    when the absence of a quorum is announced; 
    following the establishment of a quorum, further proceedings under 
    the call may be dispensed with by unanimous consent.
    On Jan. 21, 1971,⁽¹⁶⁾ before the adoption of rules, a 
call of the House was ordered in the absence of a quorum. After a 
quorum of 395 Members had answered to their names, further proceedings 
under the call were dispensed with by unanimous consent.
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16. 117 Cong. Rec. 14, 92d Cong. 1st Sess.
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