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5. Conditional Resigna- 2 RESIGNATIONS Ch. 37 § 5 Very sincerely, tion may be made contingent on JAMES E. VAN ZANDT. another factor(2) and may des- Mr. VAN ZANDT. Mr. Speaker, I ignate a future date on which it is ask unanimous consent to address the to become effective.(3) House for 1 minute. The SPEAKER. Without objection, In some instances of the res- it, is so ordered. ignation of a Member in order for There was no objection. the Member to accept a position Mr. VAN ZANDT. Mr. Speaker, I in the Executive branch, the have submitted my resignation as a Member’s resignation was not laid Member of Congress effective 6 p.m., before the House until after the tomorrow, September 24. My resigna- Member’s being sworn as an offi- tion is the result of my intense desire to serve my country in the armed cial of the Executive branch, al- forces as a member of the United though the resignation was sub- States Navy. mitted before the swearing.(4) I am grateful to you, Mr. Speaker, and to my colleagues for the many f courtesies shown me during the past five years. I shall think often of you Effective on Future Date and the multitude of important issues you will be called upon to decide. Be- § 5.1 It has been possible for a lieve me when I tell you it has been a Representative to resign a distinct honor to serve in this distin- seat in the House prospec- guished body, the Congress of the United States; yet I feel it is an equal tively, specifying an effective ( ) honor to be blessed with good health date in the future. 1 and able to serve in the armed forces. A prospective resignation might Naturally it shall be my ambition, enable the State concerned pro- when the war clouds have been dis- spectively to take cognizance of persed, to return to Congress, richer in the vacancy as a constitutional experience and with a broader outlook. predicate for the issuance by the Until we meet again, good luck and godspeed to all of you. executive authority of the State of a writ of election to fill the va- cancy.(2) § 5. Conditional Resigna- 2. See §§ 5.4 et seq. tions; Timing 3. See §§ 5.1, 5.7, infra. 4. See § 5.11, infra. One may resign as a Member of 1. It has been possible even to resign the House at any time, even be- effective on the election of a suc- fore taking the oath.(1) A resigna- cessor. See, for example, § 5.6, infra. 2. For an instance in which the execu- 1. 2 Hinds’ Precedents §§ 1230 et seq. tive authority of a State declined to 401 VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00413 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 37 § 5 DESCHLER-BROWN-JOHNSON PRECEDENTS A resignation stating a future tion from the House of Representa- effective date (but worded irrev- tives: ocably) has enabled a special elec- CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, tion based on a prospective (but July 20, 2004. (3) definite) vacancy. Hon. J. DENNIS HASTERT, On July 22, 2004,(4) the fol- Speaker, House Of Representatives, (5) Room H-232, The Capitol, Wash- lowing occurred: ington, DC. RESIGNATION FROM THE DEAR MR. SPEAKER: It has been my HOUSE OF REPRESENTATIVES great privilege and honor to have rep- The SPEAKER pro tempore(6) laid resented the citizens of Nebraska’s 1st before the House the following resigna- Congressional District in the U.S. House of Representatives for 13 terms. take cognizance of a contingent res- During that time I have served with ignation, see the case of Rep. T. Vin- an extraordinary number of talented cent Quinn (NY) on Dec. 30, 1951 and dedicated representatives from (§ 5.12, infra). both sides of the aisle, and with simi- 3. A finding of vacancy presumably larly dedicated and effective congres- must logically eclipse any avenue of sional staff, who of course make pos- withdrawal and, presumably, as goes sible the work of Congress. the power of withdrawal so also goes As a Member, I have been particu- the power of modification. The House larly aided by an especially talented, has allowed withdrawal in the case loyal, unusually long-serving, and of defective resignation, that is, hard-working congressional office staff where the Member had not actually and subcommittee staff of high integ- transmitted the letter of resignation rity who epitomize the best qualities of (6 Cannon’s Precedents § 229) or had my Nebraska constituents and of those transmitted it to an improper State Americans who make our country the official (the case of Floyd Flake finest in the world. [N.Y.], infra, this section and § 3.9, However, there comes a time in supra, reflecting withdrawal of an many a representative’s life when that initial, misdirected resignation). Member of Congress is ready to focus 4. 150 CONG. REC. 17328, 108th Cong. on other priorities and objectives, and 2d Sess. I am at that point in my life. There- 5. Parliamentarian’s Note: Because fore, Mr. Speaker, the purpose of this Rep. Bereuter’s resignation would letter is to communicate to you and the take effect during the August recess, House, that effective at the end of the the Chair did not announce an ad- day on August 31, 2004, I am resigning justment to the whole number of the my seat as the Representative of the House under Rule XX clause 5(c) 1st District of Nebraska in the U.S. until after the recess (Sept. 7, 2004). House of Representatives. I also have See House Rules and Manual written to the Governor of Nebraska to § 1024b (2007). Clause 5(c) was advise him of my decision. changed to clause 5(d) in the 109th Best wishes, Congress. DOUG BEREUTER, 6. Michael Simpson (ID). Member of Congress. 402 VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00414 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RESIGNATIONS Ch. 37 § 5 CONGRESS OF THE UNITED STATES, On Jan. 27, 2003,(7) Speaker pro HOUSE OF REPRESENTATIVES, July 20, 2004. tempore John Abney Culberson, of Hon. MIKE JOHANNS, Texas, laid before the House a Governor, State of Nebraska, State communication dated Jan. 7, Capitol, P.O. Box 94848, Lin- coln, Nebraska. 2003, from Rep. Larry Combest, of Texas, resigning his seat in the DEAR GOVERNOR JOHANNS: It has House effective at the close of been my great privilege and honor to (8) have represented the citizens of Ne- business May 31, 2003. braska’s 1st Congressional District in the U.S. House of Representatives for HOUSE OF REPRESENTATIVES, 13 terms. During that time I have Washington, DC, January 7, 2003. served with an extraordinary number Hon. DENNIS HASTERT, of talented and dedicated representa- Speaker, House of Representatives, tives from both sides of the aisle, and Washington, DC. with similarly dedicated and effective congressional staff, who of course make DEAR MR. SPEAKER: I have had the possible the work of Congress. great privilege and honor to have been selected as the representative of the As a Member, I have been particu- people of the 19th District of Texas larly aided by an especially talented, through ten elections. My service in loyal, unusually long-serving, and the U.S. Congress has been the most hard-working congressional office staff rewarding professional experience of and subcommittee staff of high integ- my life, and I thank every one of my rity who epitomize the best qualities of constituents who were kind enough to my Nebraska constituents and of those put their trust and faith in my leader- Americans who make our country the ship. finest in the world. However, there comes a time in ev- However, there comes a time in eryone’s life when the focus needs to be many a representative’s life when that Member of Congress is ready to focus 7. 149 CONG. REC. 1750, 1751, 108th on other priorities and objectives, and Cong. 1st Sess. I am at that point in my life. There- fore, the purpose of this letter is to 8. Texas provided for Rep. Combest’s communicate to you that effective at successor to be elected before the ef- the end of the day on August 31, 2004, fective date of his resignation. The I am resigning my seat as the Rep- ostensibly irrevocable character of resentative of the 1st District of Ne- Rep. Combest’s resignation (reading braska in the U.S. House of Represent- both letters together) presumably atives. I also have written to the justified the Governor’s finding of a Speaker of the U.S. House of Rep- vacancy for the period from June 1, resentatives to advise him of my deci- 2003, through the end of Rep. Com- sion. best’s term on Jan. 3, 2005—the Best wishes, predicate for his issuance of a writ of DOUG BEREUTER, election under clause 4, § 2, art. I of Member of Congress. the Constitution. 403 VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00415 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 37 § 5 DESCHLER-BROWN-JOHNSON PRECEDENTS more on family than other things, and to schedule an election so the people of I am at that point in my life. the 19th District can choose my suc- At close of business on May 31, 2003, cessor.
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