Resignations
Total Page：16
File Type：pdf, Size：1020Kb
CHAPTER 37 Resignations A. Introduction § 1. Scope of Chapter § 2. Background B. Resignation of a Member From the House § 3. Procedures and Forms § 4. Reason for Resignation; Inclusion in Letter of Res- ignation § 5. Conditional Resignations; Timing C. Resignations From Committees and Delegations § 6. Procedures and Forms § 7. Reason for Resignation § 8. Resignations From Delegations and Commissions D. Resignations of Officers, Officials, and Employees § 9. Procedure § 10. Tributes Commentary and editing by John V. Sullivan, J.D., Andrew S. Neal, J.D., and Robert W. Cover, J.D.; manuscript editing by Deborah Woodard Khalili. 349 VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00361 Fmt 8890 Sfmt 8890 F:\PRECEDIT\VOL17\17COMP~1 27-2A VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00362 Fmt 8890 Sfmt 8890 F:\PRECEDIT\VOL17\17COMP~1 27-2A Resignations A. Introduction § 1. Scope of Chapter fective on its stated terms and or- dinarily may not be withdrawn.(1) This chapter covers resignations 1. 2 Hinds’ Precedents § 1213 and 6 from the House of Representatives Cannon’s Precedents § 65 (address- (with occasional illustrative in- ing whether a proposal to withdraw stances from the Senate). Also ad- a resignation may be privileged). Ex- dressed are resignations from tracts from the Judiciary Committee report in 6 Cannon’s Precedents § 65 committees, boards, and commis- state without citation that resigna- sions and resignations of certain tions are ‘‘self-acting’’ and may not officers and staff of the House. be withdrawn. In one case a Member Because the process of resigna- was not permitted by the House to withdraw a resignation. 2 Hinds’ tion relates to a number of other Precedents § 1213. However, the House procedures, the reader may House has allowed withdrawal in the wish to consult other chapters, case of defective resignation. 6 Can- particularly those dealing with non’s Precedents § 229 (Member had not actually transmitted, or with- the assembly of Congress (Ch. 1, drawal had overtaken, letter of res- supra), party organizations in the ignation); § 5.1, infra (Member had House (Ch. 3, supra), officers, offi- transmitted resignation to improper cials, and employees (Ch. 6, State official). A Member may ap- supra), committees (Ch. 17, point a future date for his resigna- tion to take effect and, until the ar- supra), and House-Senate con- rival of the date, participate in the ferences (Ch. 33, supra). proceedings of the House. 2 Hinds’ Precedents §§ 1220–1225, 1228, 1229; 6 Cannon’s Precedents §§ 227, 228; § 5.1, infra. The modern practice § 2. Background of resignations with prospective ef- fective dates has engendered a pos- The resignation of a Member sible distinction between those in- from the House, whether pre- cluding explicit language of irrevo- sented to the executive authority cability and others (see § 5, infra). of the State concerned or to the For a State to prospectively perceive a vacancy by reason of a prospective Speaker of the House, becomes ef- resignation, it presumably must be 351 VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00363 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 37 § 2 DESCHLER-BROWN-JOHNSON PRECEDENTS Acceptance of the resignation of creates a vacancy in the represen- a Member is unnecessary, and the tation in the House of Representa- refusal of the executive authority tives from the resigned Represent- of a State to accept a resignation ative’s State within the meaning does not operate to continue mem- of clause 4, § 2 of art. I of the Con- bership in the House of the indi- stitution, such that the executive vidual who submitted the resigna- authority thereof may issue a writ tion.(2) of election.(3) The resignation of an individual Letters of resignation are pre- from office as a Representative sented as privileged.(4) A Member may submit his res- assured that the resignation is irrev- ignation whenever he or she con- ocable. A Member may include in a siders it necessary, whether the letter of prospective resignation a House is in session or adjourned. statement of intention that the res- A resignation ordinarily becomes ignation be ‘‘irrevocable’’ in order to allay any concern about the prospect effective on its stated terms or on receipt by the executive authority of withdrawal. See 147 CONG. REC. 9892, 107th Cong. 1st Sess., June 5, of the State concerned. The fact 2001; 149 CONG. REC. 1750, 1751, that the House is not in session to 107th Cong. 1st Sess., Jan. 27, 2003; receive notification of a resigna- and § 5.1, infra. In some cases execu- tion does not delay a resigning tive authorities of States have been Member’s appointment to another able to issue writs of election on the office.(5) basis of time-contingent resignations, thereby producing Representatives- 3. On occasion a Member who resigned elect to fill vacancies almost imme- has been reelected to the same diately (see § 5.1, infra [Rep. House. 2 Hinds’ Precedents §§ 1210, Neugebauer succeeding Rep. Com- 1212, 1256; 111 CONG. REC. 1452, best]). In at least one case a Rep- 89th Cong. 1st Sess. Jan. 28, 1965; resentative-elect was chosen to fill a 111 CONG. REC. 13774, 89th Cong. vacancy even before the vacancy ex- 1st Sess., June 16, 1965; 129 CONG. isted in fact (see § 5.1, infra [Rep. REC. 114, 98th Cong. 1st Sess., Jan. Sullivan succeeding Rep. Largent]). 6, 1983; and 129 CONG. REC. 2575, In § 5.6, infra, a resignation was ef- 89th Cong. 1st Sess., Feb. 22, 1983. fective on the election of a successor 4. 2 Hinds’ Precedents § 1167. (Virginia; Dec. 1, 1944). In § 5.7, 5. Compare 117 CONG. REC. 32413, 92d infra, a resignation was effective on Cong. 1st Sess., Sept. 20, 1971 and the scheduling of a special election 117 CONG. REC. 32239, 92d Cong. 1st (South Carolina; Jan. 18, 1965). In Sess., Sept. 17, 1971 (relating to the § 5.12, infra, a delayed effective date appointment to the Senate of Mr. for a resignation was disallowed Robert T. Stafford [VT], who pre- (New York; Nov. 26, 1951). viously had submitted his resigna- 2. 6 Cannon’s Precedents § 65. tion to the House). See also § 5.11, 352 VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00364 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RESIGNATIONS Ch. 37 § 2 The first resignation from the may accurately reflect the current House took place in 1791, after membership.(8) lengthy debate as to its permissi- A Member who is resigning gen- ( ) bility. 6 The British Parliament erally submits the Member’s res- ( ) did not allow resignations, 7 and ignation simultaneously to the it was asserted in the House that House and to the executive au- the U.S. Congress should adhere thority of the Member’s State. to this practice. However, the When this is not done, it is cus- view prevailed that there was lit- tomary for whomever has received tle analogy between the House of the resignation to notify the Representatives and Parliament other.(9) and, further, that the U.S. Con- stitution does not prohibit the res- 8. U.S. Const. art. I, § 2; Rule XX ignation of a Member of Congress. clause 5(d), House Rules and Manual It is desirable that a Member’s § 1024b (2007). resignation be sent to the House 9. § 3.2, infra. See also Ch. 8, §§ 9.1– as well as the executive authority 9.3, supra. When a Member purports of the Member’s State. It is nec- to resign directly to the Speaker, rather than to the pertinent official essary, on one hand, for the exec- of the Member’s State, the Executive utive authority of the State to authority of the State concerned is know when a Member resigns so notified. House Rules and Manual the executive authority can fulfill § 22 (2007). When a Member does the constitutional obligation to not inform the House, the Executive issue a writ of election to fill the authority of the Member’s State has vacant seat and, on the other done so. 2 Hinds’ Precedents §§ 1193, hand, for the House to know of 1194; 6 Cannon’s Precedents § 232. On occasion the House has learned the resignation so that its records of the resignation of a Member by the presentation of credentials of the infra, where the resignation of Rep. Member’s successor. 2 Hinds’ Prece- Melvin R. Laird (WI) bearing the dents §§ 1195, 1356. When the fact of date of his swearing in as Secretary a resignation has not appeared ei- of Defense, was laid before the ther from the credentials of a suc- House two days later. cessor or otherwise, the Clerk has 6. 2 Hinds’ Precedents § 1230. been ordered to inquire, or the 7. See Todd, Alpheus, Practices and House has ascertained the vacancy Privileges of Parliament, Rogers & from information given by other Thompson, Toronto, 1840, pp. 89–91. Members. 353 VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00365 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 37 § 3 DESCHLER-BROWN-JOHNSON PRECEDENTS B. Resignation of a Member From the House § 3. Procedures and Forms Resignations Submitted to the Executive Authority of a A Member customarily resigns State; Procedure from the House by transmitting a § 3.1 A Member properly sub- letter of resignation directly to the mits his resignation from the House to an official des- executive authority of the Mem- ignated by State law and ber’s State and customarily in- simply informs the House of forms the House that he has done his doing so, the latter com- so by letter to the Speaker, the munication being satisfac- tory evidence of the resigna- latter communication being satis- tion,(1) and the Speaker lays factory evidence of the Member’s before the House a letter resignation.(1) from a Member transmitting a copy of his resignation by 1.