ABILITY 2 to Adjourn Qualified Purpose of the Qualified Motion To
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Motions Explained
MOTIONS EXPLAINED Adjournment: Suspension of proceedings to another time or place. To adjourn means to suspend until a later stated time or place. Recess: Bodies are released to reassemble at a later time. The members may leave the meeting room, but are expected to remain nearby. A recess may be simply to allow a break (e.g. for lunch) or it may be related to the meeting (e.g. to allow time for vote‐counting). Register Complaint: To raise a question of privilege that permits a request related to the rights and privileges of the assembly or any of its members to be brought up. Any time a member feels their ability to serve is being affected by some condition. Make Body Follow Agenda: A call for the orders of the day is a motion to require the body to conform to its agenda or order of business. Lay Aside Temporarily: A motion to lay the question on the table (often simply "table") or the motion to postpone consideration is a proposal to suspend consideration of a pending motion. Close Debate: A motion to the previous question (also known as calling for the question, calling the question, close debate and other terms) is a motion to end debate, and the moving of amendments, on any debatable or amendable motion and bring that motion to an immediate vote. Limit or extend debate: The motion to limit or extend limits of debate is used to modify the rules of debate. Postpone to a certain time: In parliamentary procedure, a postponing to a certain time or postponing to a time certain is an act of the deliberative assembly, generally implemented as a motion. -
Absolute Voting Rules Adrian Vermeule
University of Chicago Law School Chicago Unbound Coase-Sandor Working Paper Series in Law and Coase-Sandor Institute for Law and Economics Economics 2005 Absolute Voting Rules Adrian Vermeule Follow this and additional works at: https://chicagounbound.uchicago.edu/law_and_economics Part of the Law Commons Recommended Citation Adrian Vermeule, "Absolute Voting Rules" (John M. Olin Program in Law and Economics Working Paper No. 257, 2005). This Working Paper is brought to you for free and open access by the Coase-Sandor Institute for Law and Economics at Chicago Unbound. It has been accepted for inclusion in Coase-Sandor Working Paper Series in Law and Economics by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO JOHN M. OLIN LAW & ECONOMICS WORKING PAPER NO. 257 (2D SERIES) Absolute Voting Rules Adrian Vermeule THE LAW SCHOOL THE UNIVERSITY OF CHICAGO August 2005 This paper can be downloaded without charge at: The Chicago Working Paper Series Index: http://www.law.uchicago.edu/Lawecon/index.html and at the Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract_id=791724 Absolute Voting Rules Adrian Vermeule* The theory of voting rules developed in law, political science, and economics typically compares simple majority rule with alternatives, such as various types of supermajority rules1 and submajority rules.2 There is another critical dimension to these questions, however. Consider the following puzzles: $ In the United States Congress, the votes of a majority of those present and voting are necessary to approve a law.3 In the legislatures of California and Minnesota,4 however, the votes of a majority of all elected members are required. -
Simplified Parliamentary Procedure
Extension to Communities Simplifi ed Parliamentary Procedure 2 • Iowa State University Extension Introduction Effective Meetings — Simplifi ed Parliamentary Procedure “We must learn to run a meeting without victimizing the audience; but more impor- tantly, without being victimized by individuals who are armed with parliamentary procedure and a personal agenda.” — www.calweb.com/~laredo/parlproc.htm Parliamentary procedure. Sound complicated? Controlling? Boring? Intimidating? Why do we need to know all those rules for conducting a meeting? Why can’t we just run the meetings however we want to? Who cares if we follow parliamentary procedure? How many times have you attended a meeting that ran on and on and didn’t accomplish anything? The meeting jumps from one topic to another without deciding on anything. Group members disrupt the meeting with their own personal agendas. Arguments erupt. A few people make all the decisions and ignore everyone else’s opinions. Everyone leaves the meeting feeling frustrated. Sound familiar? Then a little parliamentary procedure may just be the thing to turn your unproductive, frustrating meetings into a thing of beauty — or at least make them more enjoyable and productive. What is Parliamentary Procedure? Parliamentary procedure is a set of well proven rules designed to move business along in a meeting while maintaining order and controlling the communications process. Its purpose is to help groups accomplish their tasks through an orderly, democratic process. Parliamentary procedure is not intended to inhibit a meeting with unnecessary rules or to prevent people from expressing their opinions. It is intended to facilitate the smooth func- tioning of the meeting and promote cooperation and harmony among members. -
Legislative Process Lpbooklet 2016 15Th Edition.Qxp Booklet00-01 12Th Edition 11/18/16 3:00 PM Page 1
LPBkltCvr_2016_15th edition-1.qxp_BkltCvr00-01 12th edition 11/18/16 2:49 PM Page 1 South Carolina’s Legislative Process LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 1 THE LEGISLATIVE PROCESS LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 2 October 2016 15th Edition LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 3 THE LEGISLATIVE PROCESS The contents of this pamphlet consist of South Carolina’s Legislative Process , pub - lished by Charles F. Reid, Clerk of the South Carolina House of Representatives. The material is reproduced with permission. LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 4 LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 5 South Carolina’s Legislative Process HISTORY o understand the legislative process, it is nec - Tessary to know a few facts about the lawmak - ing body. The South Carolina Legislature consists of two bodies—the Senate and the House of Rep - resentatives. There are 170 members—46 Sena - tors and 124 Representatives representing dis tricts based on population. When these two bodies are referred to collectively, the Senate and House are together called the General Assembly. To be eligible to be a Representative, a person must be at least 21 years old, and Senators must be at least 25 years old. Members of the House serve for two years; Senators serve for four years. The terms of office begin on the Monday following the General Election which is held in even num - bered years on the first Tuesday after the first Monday in November. -
“The House Rules Committee” Prof
“The House Rules Committee” Prof. Anthony Madonna POLS 4600 Maymester 5/20/2020 University of Georgia House Leaders and Committees: Outline 5/20/2020 Introduction Assorted House Floor a. Updates Issues b. Summary Section a. Rule Alternatives: c. Hastert Rule Suspension d. 2017 American Health Care Act b. Floor Consideration Data c. Committee of the Whole “Regular Order,” d. Points of Order Amendments and Leaders a. Rules Types over Time Part 2: Committee- b. Rules Committee and Marijuana Gatekeeper Games c. Overview of the Rules Committee Rule Types a. Open b. Modified-Open c. Closed d. Modified Closed e. Structured Rules Oddities a. Waiver Only b. Self-Executing c. Martial Law d. King of the Hill 2 e. More Votes POLS 4600: Updates (5/20) ASSIGNMENTS: Civil Rights Act of 1957 and Telecommunications Act of 1996 are the last two I’m working through. SUMMARY SECTION: Summary Section is DUE on Sunday, May 24th. If you turn it in early, great! I can get your grade back quicker and you can get started on the background section. Section is discussed in greater detail in the next slide. VIDEOS: Coming along slowly. Don’t hesitate to use selectively. EXAM: This Friday. Would you prefer to take the evening? Above: Another poor choice. Things it will cover: Cooper and Brady, House Rules Committee, Using Resources, Ideological Scaling, How a Bill Becomes a Law, Constitutional Foundations of Congress, Parties and Leaders. Pay particular attention to the Resources. EMAILS: Behind. But I’ll have them to you Summary Section SUMMARY SECTION: STRUCTURE Give a brief one-three paragraph overview of the measure. -
A Retrospective of House Rules Changes Since the 110Th Congress
A Retrospective of House Rules Changes Since the 110th Congress Michael L. Koempel Senior Specialist in American National Government Judy Schneider Specialist on the Congress June 7, 2016 Congressional Research Service 7-5700 www.crs.gov R42395 A Retrospective of House Rules Changes Since the 110th Congress Summary One of the majority party’s prerogatives is writing House rules and using its numbers to effect the chamber’s rules on the day a new House convenes. Because all Members of the House stand for election every two years, the Members-elect constitute a new House that must adopt rules at the convening of each Congress. Although a new House largely adopts the chamber rules that existed in the previous Congress, it also adopts changes to those rules. Institutional and political developments during the preceding Congress inform rules changes that a party continuing in the majority might make. Those same developments, perhaps over the whole time that a party was in the minority, inform rules changes when the minority party wins enough seats to become the majority party and organize the House. This report analyzes rules changes made on only the opening day of the 110th, 111th, 112th, 113th, and 114th Congresses (the Congresses convening in 2007, 2009, 2011, 2013, and 2015, respectively), with references in footnotes to other selected legislation and actions during these Congresses that also affected House rules. Freestanding legislation such as the Honest Leadership and Open Government Act or a budget resolution can change House rules in consequential ways. Changes made by Democrats after they took majority control in the 110th Congress and by Republicans after they took majority control in the 112th Congress reflected critiques of the other party’s management of the House. -
Chapter 1 Adjournment
Chapter 1 Adjournment A. GENERALLY; ADJOURNMENTS OF THREE DAYS OR LESS § 1. In General § 2. Adjournment Motions and Requests; Forms § 3. When in Order; Precedence and Privilege of Motion § 4. In Committee of the Whole § 5. Who May Offer Motion; Recognition § 6. Debate on Motion; Amendments § 7. Voting § 8. Quorum Requirements § 9. Dilatory Motions; Repetition of Motion B. ADJOURNMENTS FOR MORE THAN THREE DAYS § 10. In General; Resolutions § 11. Privilege of Resolution § 12. August Recess C. ADJOURNMENT SINE DIE § 13. In General; Resolutions § 14. Procedure at Adjournment; Motions Research References U.S. Const. art. I, § 5 5 Hinds §§ 5359–5388 8 Cannon §§ 2641–2648 Manual §§ 82–84, 911–913 1 VerDate 29-JUL-99 20:28 Mar 20, 2003 Jkt 000000 PO 00000 Frm 00010 Fmt 2574 Sfmt 2574 C:\PRACTICE\DOCS\MHP.001 PARL1 PsN: PARL1 §1 HOUSE PRACTICE A. Generally; Adjournments of Three Days or Less § 1. In General Types of Adjournments Adjournment procedures in the House are governed by the House rules and by the Constitution. There are: (1) adjournments of three days or less, which are taken pursuant to motion; (2) adjournments of more than three days, which require the consent of the Senate (§ 10, infra); and (3) adjourn- ments sine die, which end each session of a Congress and which require the consent of both Houses. Adjournments of more than three days or sine die are taken pursuant to concurrent resolutions. §§ 10, 13, infra. Adjournment Versus Recess Adjournment is to be distinguished from recess. The House may author- ize a recess under a motion provided in rule XVI clause 4. -
Parliamentary Procedure for Road Commission Boards By: Wendy S
PARLIAMENTARY PROCEDURE FOR ROAD COMMISSION BOARDS BY: WENDY S. HARDT MICHAEL R. KLUCK & ASSOCIATES Parliamentary Procedure for Road Commission Boards Controlling authority ◦Open Meetings Act ◦County Road Law ◦Robert’s Rules of Order (guidance) Parliamentary Procedure for Road Commission Boards Quorum = majority of the members of the board Parliamentary Procedure for Road Commission Boards No Quorum = No Formal Action Parliamentary Procedure for Road Commission Boards Quorum Determination 5-Person Board = 3 members 3-Person Board = 2 members Parliamentary Procedure for Road Commission Boards Conflict of Interest May still vote if – ◦ lack of quorum ◦ work 25 hours per week or less for public entity ◦ full disclosure, made part of the public record ◦ financial interest ≤$250.00 or 5% of contract Parliamentary Procedure for Road Commission Boards Chairperson = Responsible for following parliamentary procedure and deciding all points of order. Parliamentary Procedure for Road Commission Boards Voting Rules ◦ Abstention counts as a “no” vote. ◦ All Board members, absent a conflict of interest, may vote. Parliamentary Procedure for Road Commission Boards •Each county road commissioner holds office until his/her successor is appointed or elected and qualified. Parliamentary Procedure for Road Commission Boards ◦ Super-majority may not be required, except where legislation so provides. ◦ Proxy voting is not allowed. Parliamentary Procedure for Road Commission Boards ◦ Roll call voting is not generally required. However, for certain closed sessions of the Board, as 2/3 roll call vote of members elected or appointed and serving is required. Parliamentary Procedure for Road Commission Boards ◦ Be careful about trying to arrive at a consensus before a meeting. ◦ E-mail communications are discoverable and could constitute a violation of the Open Meetings Act. -
The Role of the Speaker
THE ROLE OF THE SPEAKER The Speaker is a Member of the Legislative Assembly (MLA) elected in a secret ballot by all MLAs to preside over debates and ensure that the Legislative Assembly follows established rules of behaviour and parliamentary procedure. THE SPEAKER AS PRESIDING OFFICER The election of a Speaker is the first item of business for a new Parliament and takes place on the first sitting day after each provincial general election or when a Speaker resigns, retires, or dies. Once elected, the Speaker must remain neutral at all times and can only vote to break a tie. The Speaker is responsible for ensuring that all MLAs are treated fairly and impartially. One of the Speaker’s most difficult tasks is balancing the right of the majority to conduct business with the right of the minority to be heard. It is the Speaker’s job to interpret and enforce the Standing Orders - the Legislative Assembly’s rules for parliamentary procedures - to ensure that debates are carried out properly and that all MLAs have the opportunity to participate. To assist the Speaker in maintaining order, MLAs cannot participate in a debate until they are formally recognized by the Speaker. Once recognized, MLAs must direct their speeches or questions to the Speaker, not to each other. Any MLA who disobeys the rules or makes unparliamentary remarks can be disciplined by the Speaker. The Speaker’s Chair in the Legislative Chamber OTHER DUTIES OF THE SPEAKER Although the Speaker is neutral and avoids taking public positions on political matters, the Speaker continues to serve as an MLA. -
ROBERT's RULES of ORDER Simplified and Applied
6399-8_2 FM 6/20/02 11:05 AM Page iii ROBERT’S RULES of ORDER Simplified and Applied Second Edition by Robert McConnell Production 6399-8_2 FM 6/20/02 11:05 AM Page iv Robert’s Rules of Order: Simplified and Applied, 2nd edition Copyright © 2001 by Robert McConnell productions Published by Wiley Publishing, Inc., Indianapolis, Indiana Published simultaneously in Canada No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923, 978-750-8400, fax 978-750-4470, or on the web at www.copyright.com.You can contact the Publisher directly for permission by email at [email protected] or on the web at www.wiley.com/about/permission. Trademarks:Wiley, the Wiley Publishing logo,Webster’s New World, and the Webster’s New World logo are trademarks or registered trademarks of Wiley Publishing, Inc., in the United States and other countries, and may not be used without written permission.All other trademarks are the property of their respective owners.Wiley Publishing, Inc., is not associat- ed with any product or vendor mentioned in this book. Limit of Liability/Disclaimer of Warranty:While the publisher and author have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. -
Germaneness Requirements
Floor Action 5-59 Germaneness Requirements Background. The word “germane” usually is defined as “in close relationship, appropriate, relative or pertinent to.” According to Tilson's Parliamentary Law and Procedure, the basic principle of germaneness "lies in the need for orderly legislation." The principle of germaneness was relatively unknown in general parliamentary law before the late 1700s. The Congress of the Confederation—the precursor to the Congress of the United States—made an attempt to address germaneness in 1781. The first formal germaneness rule was adopted by the U.S. House of Representatives in 1789. The text of the original rule was modified in 1822 to read: “No motion or proposition, on a subject different from that under consideration, shall be admitted under color of amendment.” This wording became the basis for most modern germaneness provisions. Current practices. Today, the principle of germaneness is well established. Forty state constitutions contain a provision that requires a bill to address or contain a single subject (see table 00-5.20). In Mississippi, germaneness is implied, but a single subject requirement is not specifically stated in the constitution. No specific single subject provision is set forth by the constitutions in Arkansas, Connecticut, Maine, Massachusetts, New Hampshire, North Carolina, Ohio, Rhode Island and Vermont. In addition, 80 legislative bodies reported that they have chamber rules on germaneness of amendments or motions (see table 00-5.21). The following 12 chambers do not have germaneness rules. Alabama Senate Oklahoma Senate Hawaii House Tennessee Senate and House Iowa Senate Virginia Senate Michigan Senate West Virginia Senate Nevada House Wyoming Senate and House As shown in table 00-5.22, most legislative assemblies enforce germaneness provisions in committee as well as on the floor. -
The Constitutionality of Legislative Supermajority Requirements: a Defense
The Constitutionality of Legislative Supermajority Requirements: A Defense John 0. McGinnist and Michael B. Rappaporttt INTRODUCTION On the first day of the 104th Congress, the House of Representatives adopted a rule that requires a three-fifths majority of those voting to pass an increase in income tax rates.' This three-fifths rule had been publicized during the 1994 congressional elections as part of the House Republicans' Contract with America. In a recent Open Letter to Congressman Gingrich, seventeen well-known law professors assert that the rule is unconstitutional.3 They argue that requiring a legislative supermajority to enact bills conflicts with the intent of the Framers. They also contend that the rule conflicts with the Constitution's text, because they believe that the Constitution's specific supermajority requirements, such as the requirement for approval of treaties, indicate that simple majority voting is required for the passage of ordinary legislation.4 t Professor of Law, Benjamin N. Cardozo Law School. tt Professor of Law, University of San Diego School of Law. The authors would like to thank Larry Alexander, Akhil Amar, Carl Auerbach, Jay Bybee, David Gray Carlson, Lawrence Cunningham, Neal Devins, John Harrison, Michael Herz, Arthur Jacobson, Gary Lawson, Nelson Lund, Erela Katz Rappaport, Paul Shupack, Stewart Sterk, Eugene Volokh, and Fred Zacharias for their comments and assistance. 1. See RULES OF THE HOUSE OF REPRESENTATIVES, EFFECTIVE FOR ONE HUNDRED FOURTH CONGRESS (Jan. 4, 1995) [hereinafter RULES] (House Rule XXI(5)(c)); see also id. House Rule XXI(5)(d) (barring retroactive tax increases). 2. The rule publicized in the Contract with America was actually broader than the one the House enacted.