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Presi- to Reflect Infrequent Or Anomalous Dent, Senator, Head of State, Or Proceedings That the House Has Other National Or Foreign Dig- Undertaken

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Presi- to Reflect Infrequent Or Anomalous Dent, Senator, Head of State, Or Proceedings That the House Has Other National Or Foreign Dig- Undertaken Death § 1. In General which the House traditionally ad- heres following a death and those The death of a Member of the rare procedures that the House House, or of an officer or official of has undertaken on other occa- the House, invokes certain well- sions. established procedures for accord- The accounts of proceedings fol- ing respect due to the memory of lowing upon the deaths of some the deceased. Similar formalities, individuals will be found to be possibly more elaborate, are fol- more detailed than others in order lowed upon the death of a Presi- to reflect infrequent or anomalous dent, Senator, head of state, or proceedings that the House has other national or foreign dig- undertaken. nitary. These procedures are al- The reader may wish to consult most always invoked by unani- other chapters on such subjects as (3) mous consent or privileged resolu- the assembly of Congress, Mem- bers’ oath of office,(4) party organi- tion. The procedures include the (5) (6) formal announcement of death, zations, recesses, adjourn- ments,(7) and House ceremonies.(8) resolutions of sympathy, adjust- ment of the whole number of the On the subject of death, for House, appointment of Members precedents prior to 1936, the read- er is referred to 5 Hinds’ Prece- to a funeral committee or commit- dents §§ 7107–7223, and 8 Can- tees, adjournment as a mark of non’s Precedents, §§ 3560–3598. respect, and lying-in-state cere- monies. When a Member dies, provision must be made for maintenance of § 2. Effect of Death on a staff and offices until another House Business; Pre- Representative is elected to rep- sumptive Death of Mem- ( ) resent the district. 1 Arrange- ber ments are also made for disposi- ( ) tion of the Member’s papers. 2 The death of a Member is only The House attends to these con- formally recognized in one place tingencies by unanimous consent or resolution. 3. See Ch. 1, supra. The purpose of this chapter is to 4. See Ch. 2, supra. present both the procedures to 5. See Ch. 3, supra. 6. See Ch. 39, infra. 1. See § 4, infra. 7. See Ch. 40, infra. 2. See § 3, infra. 8. See Ch. 36, supra. 569 VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00581 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 38 § 2 DESCHLER-BROWN-JOHNSON PRECEDENTS in the rules of the House.(1) House when introduced.(7) The Clause 5 of Rule XX provides that House may authorize another upon the death of a Member, the Member to act as first sponsor of whole number of the House shall a bill or resolution for purposes of be adjusted accordingly.(2) The adding co-sponsors and requesting death of the President, a Member, reprints of the measure when the or other national or foreign leader actual first sponsor has died.(8) may affect the scheduling of busi- The death of a Member does not ness in the House.(3) Those sched- invalidate his signature on a dis- uling decisions have varied over charge petition but the signature time depending on the person who may be withdrawn by his suc- has died and the House schedule cessor.(9) at the time of the death. When a Pursuant to a rule adopted in Member-elect dies before the the 108th Congress, in the event House convenes for that Con- of a vacancy in the Office of gress(4) and the state has sub- Speaker, including one as the re- mitted his certificate of election, sult of death, a designated Mem- the Member-elect’s name will be ber acts as Speaker pro tempore carried on the roll of Members at until the election of a Speaker or the inception of a Congress to es- Speaker pro tempore.(10) Pending tablish a quorum.(5) The name the election of a Speaker or will be deleted from subsequent Speaker pro tempore, the Member roll calls,(6) after the new House is acting as Speaker pro tempore officially notified of the vacancy may exercise such authorities of by announcement from the Clerk. the Office of the Speaker as may The death of a Member after his be necessary and appropriate to ( ) introduction of a bill does not pre- that end. 11 Prior to the 108th clude subsequent action on it as Congress, when a Speaker died bills become the property of the during a session of Congress, the Clerk generally called the House 1. Rule XX clause 5, House Rules and to order and presided until a new Manual § 1024b (2007). The Clerk Speaker was elected.(12) has certain responsibilities upon the death of a Member or former Speak- 7. See § 2.11, infra. er. See Id. at Rule II clause 2. 8. See § 2.9, infra. 2. See Ch. 4, supra. 9. See § 2.10 infra. 3. See §§ 2.6, 2.8, infra. 10. See § 2.2, infra. 4. See Chs. 1, 2, supra. 11. Id. 5. See § 2.12, infra. 12. See §§ 2.2, 2.3, infra; Chs. 1, 6, 6. See § 2.12, infra. supra. 570 VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00582 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A DEATH Ch. 38 § 2 The House may presume the of New York, asked for a transfer death of a missing Member-elect of business to the following day: and declare that Member’s seat Mr. MULTER. Mr. Speaker, I ask vacant. The authority for this de- unanimous consent that the business rives from art. I, § 5 of the Con- in order for today shall be in order on stitution, which declares that each tomorrow, and that special orders in House shall be the judge of the order for today shall be transferred to qualifications of its Members. tomorrow and shall precede those pres- ently scheduled for tomorrow. Once the seat is declared vacant, The SPEAKER pro tempore.(2) Is the Governor of the missing Mem- there objection to the request of the ber-elect’s state may call a special gentleman from New York? election (or appoint a representa- There was no objection. tive to serve until the next regular Parliamentarian’s Note: Consid- election) as required by art. I, § 2 eration of a House joint resolution of the Constitution. The House continuing appropriations had may declare the seat of a Mem- been scheduled for that date. ber-elect vacant where a Member- elect is not able to take the oath Death of Speaker or resign due to an incapacitating illness.(13) § 2.2 Rule I clause 8(1) provides f for a Speaker to designate a Member to act as Speaker Death of President pro tempore in a limited ca- pacity in the event of the § 2.1 Because of the funeral Speaker’s death. It provides services for President John that (1) in the event of a va- F. Kennedy, business and cancy in the Office of Speak- special orders scheduled for er, including one as the re- Monday, Nov. 25, 1963, were, sult of death, a designated by unanimous consent, trans- Member acts as Speaker pro ferred to Tuesday. tempore until the election of On Nov. 25, 1963,(1) after the a Speaker or Speaker pro assassination of President John F. tempore;(2) (2) that pending Kennedy, Mr. Abraham J. Multer, the election of a Speaker or 13. See Parliamentarian’s Note at § 2.17, 2. James C. Wright, Jr. (TX). infra. 1. House Rules and Manual § 632 1. 109 CONG. REC. 22694, 88th Cong. (2007). 1st Sess. 2. Id. 571 VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00583 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 38 § 2 DESCHLER-BROWN-JOHNSON PRECEDENTS Speaker pro tempore, the Speaker to discharge the duties of Member acting as Speaker the Office. pro tempore may exercise such authorities of the Office § 2.3 Prior to the rules change of the Speaker as may be in the 108th Congress, when necessary and appropriate to a Speaker died during a ses- that end;(3) and (3) as soon as sion of Congress, the Clerk practicable after the Speak- called the House to order, er’s election and whenever announced the death, and he deems it appropriate presided until a new Speaker thereafter, the Speaker shall was chosen. deliver to the Clerk a list of On June 4, 1936,(1) the House Members in the order in was called to order at 11 o’clock which they should act as a.m. by South Trimble, Clerk of Speaker pro tempore.(4) the House. He announced the On Mar. 13, 2003,(5) Speaker death of Speaker Joseph W. pro tempore Marsha Blackburn, of Byrns, of Tennessee, and advised Tennessee, made the following an- that the selection of a Member to nouncement: preside as Speaker was in order. The Chair announces that on Feb- The CLERK. Gentlemen of the House ruary 10, 2003, the Speaker delivered of Representatives, it becomes my sad to the Clerk a letter listing Members and painful duty to announce to the in the order in which each shall act as House the sudden death of your be- Speaker pro tempore under clause loved Speaker, the Honorable JOSEPH 8(b)(3) of rule I. W. BYRNS, a Representative from the State of Tennessee. Parliamentarian’s Note: Rule I Speaker BYRNS presided over the clause 8(b)(3)(C)(6) also provides House on yesterday, presumably in his that for the purposes of appoint- accustomed good health, but shortly ing a Speaker pro tempore under after his arrival at his apartment he this rule, a vacancy in the Office was stricken and soon thereafter passed away.
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