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§ 8. Procedure Before Adoption of Rules

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§ 8. Procedure Before Adoption of Rules ASSEMBLY OF CONGRESS Ch. 1 § 8 JOSEPH W. MARTIN, JR. tending an invitation to a congres- sional delegation to represent the Announcements of Resigna- United States at the ceremonies tions and Communications of marking the attainment of inde- Foreign Governments pendence for the Gold Coast. § 7.9 At the organization of a § 7.10 Letters notifying the new Congress, the Speaker Speaker of resignations ef- laid before the House re- fective during adjournment sponses of foreign govern- sine die are laid before the ments to resolutions extend- House upon the convening of ing greetings to them. a new Congress. On Jan. 5, 1955,(20) Speaker On Jan. 4, 1965,(1) Speaker Sam Rayburn, of Texas, laid be- John W. McCormack, of Massa- fore the House a communication chusetts, laid before the House a from Thruston B. Morton, Assist- letter from Mr. Ross Bass, of Ten- ant Secretary of State, informing nessee, resigning his seat in the the House that the legislative as- sembly of the Gold Coast had House of Representatives, and a passed a resolution on Oct. 27, letter from Frank G. Clement, the 1954, thanking the Congress of Governor of Tennessee, informing the United States for the greet- the Speaker of the receipt of the ings contained in a joint resolu- resignation of Mr. Bass. tion of the 83d Congress, and ex- B. PROCEDURE § 8. Procedure Before technically binding upon the ( ) Adoption of Rules House, 2 except those required by the Constitution.(3) Where organi- Before the House has reached 2. Although at one time the House pro- the stage of organization where vided for adopted rules to continue the standing rules are adopted, no in succeeding Congresses (5 Hinds’ specific rules of procedure are Precedents § 6743), it was finally de- termined in 1889 and 1890 that one 20. 101 CONG. REC. 11, 12, 84th Cong. House could not by rule bind its suc- 1st Sess. cessor (5 Hinds’ Precedents § 6747). 1. 111 CONG. REC. 25, 89th Cong. 1st 3. The Constitution requires in art. I, Sess. § 5, clause 1 that a quorum be 49 Ch. 1 § 8 DESCHLER’S PRECEDENTS zation proceeds smoothly, the lack While the Clerk is presiding he of rules does not hamper the does recognize Members,(10) but House in its completion of opening only those whose names are on business.(4) Where, however, elec- the roll,(10) and will entertain the tion contests arise, or debate and motion to adjourn,(12) the demand challenges prevent the completion for a yea and nay vote,(13) the mo- of the call of the Clerk’s roll, the tion to correct the roll,(14) the mo- House may find it necessary to tion to proceed to the election of a adopt, before the Speaker’s elec- Speaker,(15) and the motion to tion, specific rules as to debate elect a chairman in place of the and decorum, in order to facilitate Clerk.(16) the organization of the House.(5) As to other proposed motions, The House may either draft a spe- the general rule is that the Clerk cific rule authorizing the officers may entertain only those propo- of the preceding Congress to pre- serve order and decorum,(6) or 10. 1 Hinds’ Precedents § 74. temporarily adopt from the rules 11. 1 Hinds’ Precedents § 86. The Clerk of the preceding House only that may refuse to recognize a Member- portion relating to order and deco- elect who seeks to interrupt the call of the roll, particularly if the name rum (7) Similarly, the House may of the Member-elect is not on the provide by specific rule, before the roll. 1 Hinds’ Precedents § 84. election of the Speaker, for limita- 12. See 1 Hinds’ Precedents §§ 67, 89, ( ) tion on debate, 8 and for opening 92. The House may adjourn for more sessions with prayer.(9) than one day prior to the election of a Speaker. 1 Hinds’ Precedents § 89. present to do business but authorizes 13. 1 Hinds’ Precedents § 91. a smaller number to adjourn from 14. 1 Hinds’ Precedents §§ 19–21, 25. In day to day and to compel the attend- some cases, it has been held that the ance of absent Members. Art. I, § 5, Clerk may not entertain the motion clause 3 requires a Journal to be to correct the roll, on the ground kept and authorizes one-fifth of the that the preparing of the Clerk’s roll Members present to order the yeas is governed by statute (2 USC § 26) and nays. and is not discretionary. See 1 4. See, e.g., §§ 5.1, 6.1, and 7.1, supra. Hinds’ Precedents §§ 22–24. 5. See, generally, 1 Hinds’ Precedents 15. See 1 Hinds’ Precedents §§ 212–14. §§ 93–102. 16. See 1 Hinds’ Precedents § 66. When 6. See 1 Hinds’ Precedents § 101. the Clerk refused to put any motion 7. See 1 Hinds’ Precedents §§ 96–98, except that to adjourn, a Member- 102. elect offered a resolution to elect a 8. See 1 Hinds’ Precedents §§ 94–95. chairman from the floor. 1 Hinds’ 9. See 1 Hinds’ Precedents §§ 99–100. Precedents § 67. 50 ASSEMBLY OF CONGRESS Ch. 1 § 8 sitions consistent with the organi- In recent years, Members-elect zation of the House.(17) One Clerk have refrained from challenging refused to entertain any motion the Clerk’s roll or impeding the but that to adjourn, and even de- swift election of a Speaker,(3) and clined to put a motion to approve there has been little if any con- the last day’s Journal.(18) Other temporary dispute as to the proce- Clerks have presided at convening dure to be followed before the over the passage of resolutions, election of a Speaker. pertinent to organization, where After the election of the Speaker the previous question and the mo- and before adoption of the stand- tion to lay on the table were in- ing rules, he entertains those mo- voked.(19) tions which have been recognized Debates over the Clerk’s author- by precedent to apply under gen- ity as presiding officer (20) have, eral parliamentary law (§ 9 dis- however, established a number of cusses those motions in detail). As procedural guidelines; there is no no rule establishing an order of longer any question as to the business has at that point been Clerk’s power to preside at the be- adopted, it is in order for any ginning of a Congress,(1) nor is Member who is recognized by the there doubt that he lacks author- Chair to offer a proposition relat- ity to resolve election contests be- ing to organization without asking fore the election of a Speaker.(2) the consent of the House.(4) How- ever, unanimous-consent requests 17. 1 Hinds’ Precedents § 80. See. in gen- and extensions of remarks are eral, § 5, supra. permitted at organization only in 18. 1 Hinds’ Precedents §§ 67, 92. The the Speaker’s discretion, and refusal of the Clerk to entertain the motion to approve the last day’s when they are pertinent to organi- Journal prevented the reading of the zation. For example, remarks in Journal for several days. 1 Hinds’ honor of late Members of Con- Precedents § 92. gress are regularly admitted.(5) 19. See 1 Hinds’ Precedents §§ 68–70, 75 (The House often adjourns out of 20. 20. See, in general, 1 Hinds’ Precedents Precedents § 2, for an instance where §§ 64–80. the Clerk stated, as a basis for his 1. For the derivation of the Clerk’s au- actions, the terms of 2 USC § 26. thority to preside, see § 5, supra. 3. The last major contest over the elec- 2. 2 USC § 26 and 2 USC §§ 381–96 tion of a Speaker occurred in 1923. strictly govern the preparation of the See 6 Cannon’s Precedents § 24. Clerk’s roll and the procedure for 4. 4 Hinds’ Precedents § 3060. election contests. See 6 Cannon’s 5. See §§ 8.1, 8.2, infra. 51 Ch. 1 § 8 DESCHLER’S PRECEDENTS respect to deceased Members on going to recognize the gentleman from opening day, after completing or- Georgia (Mr. Landrum) at this time. ganizational business.) (6) Mes- This is for the purpose of announcing the death of a great Member of Con- sages are received during organi- gress.(9) zation at the Speaker’s discretion; The Chair will take requests to cor- an important Senate message may rect the Record, but until we have be received and read even be- adopted the rules of the House, the tween the ordering of the previous Chair will appreciate the indulgence of question on a proposition and the Members on other personal requests. actual calling of a yea and nay The Chair now recognizes the gen- vote.(7) tleman from Georgia. § 8.2 The Speaker may grant Unanimous-Consent Requests permission to all Members to During Organization extend remarks in the § 8.1 The Speaker announced, Record on opening day, prior to the adoption of the where the House adjourns rules, that he would recog- out of respect to a deceased nize a Member to announce Member. the death of the President On Jan. 10, 1966,(10) Mr. Hale pro tempore of the Senate, Boggs, of Louisiana, made the fol- but that no other unanimous- lowing request: consent request would be Mr. Speaker,(11) I ask unanimous permitted except to correct consent that on today, and without the Record. making the procedure a precedent, all On Jan. 22, 1971,(8) Speaker Members may have permission to ex- tend their remarks in the Record and Carl Albert, of Oklahoma, made to include pertinent material there- the following announcement: with.
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