[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 6. Officers, Officials, and Employees]
[A. The Speaker]
[§ 2. Definition and Nature of Office]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 431-435]
CHAPTER 6
Officers, Officials, and Employees
A. THE SPEAKER
Sec. 2. Definition and Nature of Office
Article I, section 2, of the U.S. Constitution provides that ``the
House of Representatives shall chuse their Speaker.''(1) The
Member elected by the House as Speaker is almost invariably the Member
chosen in the caucus or conference of the majority party in the
House.(2)
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1. See Ch. 1, supra, for treatment of the election of the Speaker.
2. See Ch. 3, supra, for treatment of the party caucus or conference
procedures to select a nominee for Speaker.
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The term of office of the Speaker begins upon his election and
taking of his oath of office. The term ends upon the expiration of the
Congress to which the Member was elected Speaker, unless the Speaker
has resigned, died, or been removed by the House.(3)
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3. ``A Speaker may be removed at the will of the House. . . .''
Jefferson's Manual, House Rules and Manual Sec. 315 (1973).
Parliamentarian's Note: The House has never removed a Speaker,
however.
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The Member chosen as the Speaker is the presiding officer of the
House, charged with numerous duties and responsibilities by law and by
House rules as will be ex-emplified in this subchapter;(4)
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but he is not unlimited in the exercise of his various
powers.(5) In one sense, he represents the House as one body
of Congress. For example, he signs all acts and joint resolutions for
the House.(6) In another sense he represents the House as a
single entity acting separately from any Senate action. For example, he
has a formal part in initiating contempt of House proceedings against
recalcitrant witnesses.(7) In still another sense he
represents all of the individual Members of the House.(8)
The Member elected Speaker also represents the membership in such
matters as accepting service of subpena in his official
capacity.(9)
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4. See Sec. Sec. 3, 5-8, infra.
5. See Sec. 4, infra.
6. Rule I clause 4, House Rules and Manual Sec. Sec. 624 and 625
(1973). See Ch. 24, infra, for fuller treatment of the
Speaker's role in the signing of bills, joint resolutions, etc.
7. See Sec. 3.41, infra.
8. See Ch. 29, infra, for fuller treatment of the Speaker's role in
the House's consideration and debate of legislative measures.
9. See Sec. 3.39, infra. See Ch. 11, infra, for treatment of the
Speaker's's role with respect to service of subpenas on the
House, Members, and House officers and employees.
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The Speaker also serves as the official recipient of numerous
reports made to Congress pursuant to law. For instance, he receives
reports concerning various matters from the President,(10)
and from various department heads and Cabinet Secretaries, including
the Secretaries of the Treasury,(~11)
Agriculture,(12) Defense,(13) and
Interior,(14) as well as the Board of Governors of the
Federal Reserve System.(15) Pursuant to House
rules(16) the Speaker is provided a list of such reports to
be made to the Congress(17) and, although the reports may
not under law be specifically required to be addressed to him, in
practice all such reports are addressed to the Speaker for his
reference to appropriate House committees, a function he may delegate
to the House Parliamentarian.
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10. See 7 USC Sec. 1703; 22 USC Sec. Sec. 1853, 2261, 2318, and 2753.
See Ch. 35, infra, for treatment of communications to or from
the executive branch.
11. See 6 USC Sec. 14 and 16 USC Sec. 1081.
12. See 7 USC Sec. 2155.
13. See 10 USC Sec. 2358 note.
14. See 16 USCA Sec. 469e.
15. See 12 USCA Sec. 247.
16. Rule III clause 2, House Rules and Manual Sec. 640 (1973).
17. See for example H. Doc. No. 93-21, 93d Cong. 1st Sess. (1973).
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The Member chosen as Speaker also serves in such capacities as an
ex officio member of the Presidential Election Campaign Fund Advisory
Board.(18)
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18. 26 USCA Sec. 9021.
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The Speaker's compensation is fixed by law.(19) Statutes
provide the Speaker with an expense allowance,(20) a postage
allowance,(1) a mileage allowance for travel to and from
each regular session,(2) a stationery
allowance,(3) telephone, telegraph, and radiotelegraph
allowances,(4) clerk-messengers,(5) and
additional compensation for personal services in his
office.(6)
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19. See 2 USC Sec. 31. See Ch. 7, infra, for treatment of Members'
compensation and allowances.
20. See 2 USC Sec. 31b.
1. See 2 USC Sec. Sec. 42, 42c, and 42d.
2. See 2 USC Sec. Sec. 43, 43b, and 43b-1.
3. See 2 USC Sec. 46b.
4. See 2 USC Sec. Sec. 46g and 46g-1.
5. See 2 USC Sec. 74-2.
6. See 2 USC Sec. 74-1.
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The amounts of allowances to the Speaker for clerk
hire,(7) postage stamps, stationery, telephone and
telegraph, office space, and official office expenses in his home
district and for similar items in his Washington office may from time
to time be adjusted by the Committee on House Administration.
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7. See 2 USC Sec. 57.
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The Member chosen as Speaker retains his status as a Member, and
thus, for example, may introduce legislation as a Member.(8)
But he also attains a new status along with his additional duties. Most
significantly, he enters into the line of succession to the Presidency.
When, by reason of death, resignation, removal from office, inability,
or failure to qualify, there is neither a President nor a Vice
President, the Speaker, upon his resignation as Speaker and as a
Representative, becomes the acting President of the United
States.(9) Thus the Speaker is subject to being protected by
the United States Secret Service.(10)
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8. See Sec. 2.2, infra. See Ch. 16, infra, for treatment of the
introduction of bills, etc.
9. 3 USC Sec. 19.
10. 18 USC Sec. 3056.
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Former Speakers of the House have been provided clerk hire,
administrative assistants,(11) the use of an
automobile,(12) and federal office space and related
allowances and expenses for a prescribed time limit after
retirement.(13)
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11. See Sec. 2.3, infra.
12. See Sec. 2.4, infra.
13. See Sec. 2.5, infra.
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Upon the death of a Speaker holding office, the flag of the United
States is flown at half staff.(1~4)
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14. 36 USC Sec. 175 note; Proc. No.
3044. -------------------
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Speaker as Representative of the Members
Sec. 2.1 House rules(15) and practice dictate that Members
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should address the Speaker in debate, and no other persons,
inasmuch as the Speaker is said to represent all of the Members of
the House for such purpose.
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15. Rule XIV clause 1, House Rules and Manual Sec. 749 (1973).
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On Jan. 12, 1932,(16) Speaker John N. Garner, of Texas,
discussed the proper way for a Member to preface his remarks to the
House.
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16. 75 Cong. Rec. 1815, 72d Cong. 1st Sess.
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The Speaker: The Chair is in entire sympathy with the remarks
made by the gentleman from Massachusetts [Mr. Luse]. It is supposed
to be a slight upon the Chair, according to the expressions of
former Speakers of the House, when Members address the Chairman of
the Committee of the Whole or the Speaker and then address the
Members on the floor en masse. The Speaker represents the House of
Representatives in its organization, and by addressing the Chair
gentlemen address the entire membership of the House.
Sponsorship of Bills
Sec. 2.2 Although traditionally the Speaker refrains from sponsoring
public bills containing subject matter of a general import, he has
on occasion introduced a public bill pertaining solely to a matter
within his congressional district.
On May 21, 1970,(17) a public bill was introduced by
Speaker John W. McCormack, of Massachusetts:
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17. 116 Cong. Rec. 16643, 91st Cong. 2d Sess.
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Under clause 4 of rule XXII, public bills and resolutions were
introduced and severally referred as follows: . . .
By Mr. McCormack:
H.R. 17750. A bill to declare the tidewaters in the waterway of
the Fort Point Channel lying between the northeasterly side of the
Summer Street highway bridge and the easterly side of the
Dorchester Avenue highway bridge in the city of Boston nonnavigable
tidewaters, to the Committee on Interstate and Foreign Commerce. .
. .
Former Speakers' Benefits
Sec. 2.3 Former Speakers have been provided clerk hire and
administrative assistants through the contingent fund of the House.
On Jan. 12, 1959,(18) a resolution was adopted regarding
benefits for former Speakers of the House.
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18. 105 Cong. Rec. 559, 86th Cong. 1st Sess.
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Resolved, That effective January 7, 1959, there shall be
payable from the contingent fund of the House, until otherwise
provided by law, for any Member of the House who has served as
Speaker of the House, an additional $5,000 basic per annum for
clerk hire,
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and in addition an administrative assistant at the basic rate of
$8,880 per annum.
The Speaker:(19) Without objection, the resolution
is agreed to.
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19. Sam Rayburn (Tex.)
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There was no objection.
Sec. 2.4 Former Speakers have been provided the use of automobiles
through the contingent fund of the House.
On Jan. 12, 1959,(20) a resolution was adopted regarding
benefits for former Speakers of the House.
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20. 105 Cong. Rec. 559, 86th Cong. 1st Sess.
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Resolved, That there shall be paid out of the contingent fund
of the House, until otherwise provided by law, expenses necessary
for the purchase, maintenance, operation, and driving of an
automobile for the use of any Member of the House who has served as
Speaker of the House.
The Speaker(21) Without objection, the resolution is
agreed to.
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21. Sam Rayburn (Tex.).
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There was no objection.
A motion to reconsider was laid on the table.
Sec. 2.5 Upon retirement, a former Speaker was provided with federal
office space and related expenses and allowances.
On Dec. 22, 1970,(22) a resolution was called up
providing that upon its enactment the Speaker of the 91st Congress, Mr.
John W. McCormack, of Massachusetts, would upon his retirement be
entitled to, among other things: (1) federal office space, (2) an
office expense of $100 per month, (3) frank mail privileges, (4) a
local telephone allowance, (5) salaries for two secretaries, and (6) a
stationery allowance without cash withdrawal, all to be financed from
the contingent fund of the House. After some debate, the resolution was
passed.
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22. 116 Cong. Rec. 43313, 43314, 91st Cong. 2d Sess.
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