Legislative Procedure in Congress: Basic Sources for Congressional Staff
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Resolutions to Censure the President: Procedure and History
Resolutions to Censure the President: Procedure and History Updated February 1, 2021 Congressional Research Service https://crsreports.congress.gov R45087 Resolutions to Censure the President: Procedure and History Summary Censure is a reprimand adopted by one or both chambers of Congress against a Member of Congress, President, federal judge, or other government official. While Member censure is a disciplinary measure that is sanctioned by the Constitution (Article 1, Section 5), non-Member censure is not. Rather, it is a formal expression or “sense of” one or both houses of Congress. Censure resolutions targeting non-Members have utilized a range of statements to highlight conduct deemed by the resolutions’ sponsors to be inappropriate or unauthorized. Before the Nixon Administration, such resolutions included variations of the words or phrases unconstitutional, usurpation, reproof, and abuse of power. Beginning in 1972, the most clearly “censorious” resolutions have contained the word censure in the text. Resolutions attempting to censure the President are usually simple resolutions. These resolutions are not privileged for consideration in the House or Senate. They are, instead, considered under the regular parliamentary mechanisms used to process “sense of” legislation. Since 1800, Members of the House and Senate have introduced resolutions of censure against at least 12 sitting Presidents. Two additional Presidents received criticism via alternative means (a House committee report and an amendment to a resolution). The clearest instance of a successful presidential censure is Andrew Jackson. The Senate approved a resolution of censure in 1834. On three other occasions, critical resolutions were adopted, but their final language, as amended, obscured the original intention to censure the President. -
Committee Handbook New Mexico Legislature
COMMITTEE HANDBOOK for the NEW MEXICO LEGISLATURE New Mexico Legislative Council Service Santa Fe, New Mexico 2012 REVISION prepared by: The New Mexico Legislative Council Service 411 State Capitol Santa Fe, New Mexico 87501 (505) 986-4600 www.nmlegis.gov 202.190198 PREFACE Someone once defined a committee as a collection of people who individually believe that something must be done and who collectively decide that nothing can be done. Whether or not this definition has merit, it is difficult to imagine the work of a legislative body being accomplished without reliance upon the committee system. Every session, American legislative bodies are faced with thousands of bills, resolutions and memorials upon which to act. Meaningful deliberation on each of these measures by the entire legislative body is not possible. Therefore, the job must be broken up and distributed among the "miniature legislatures" called standing or substantive committees. In New Mexico, where the constitution confines legislative action to a specified number of calendar days, the work of such committees assumes even greater importance. Because the role of committees is vital to the legislative process, it is necessary for their efficient operation that individual members of the senate and house and their staffs understand committee functioning and procedure, as well as their own roles on the committees. For this reason, the legislative council service published in 1963 the first Committee Handbook for New Mexico legislators. This publication is the sixth revision of that document. i The Committee Handbook is intended to be used as a guide and working tool for committee chairs, vice chairs, members and staff. -
Senate Proceedings Establishing Majority Cloture for Supreme Court Nominations: in Brief Name Redacted Specialist on Congress and the Legislative Process
Senate Proceedings Establishing Majority Cloture for Supreme Court Nominations: In Brief name redacted Specialist on Congress and the Legislative Process April 14, 2017 Congressional Research Service 7-.... www.crs.gov R44819 Majority Cloture for Supreme Court Nominations: In Brief Contents Introduction ..................................................................................................................................... 1 Senate Proceedings Establishing Majority Cloture on Nominations to the U.S. Supreme Court ............................................................................................................................................. 1 Related CRS Products ..................................................................................................................... 3 Contacts Author Contact Information ............................................................................................................ 4 Congressional Research Service Majority Cloture for Supreme Court Nominations: In Brief Introduction On April 6, 2017, the Senate reinterpreted Rule XXII to allow a majority of Senators voting, a quorum being present, to invoke cloture on nominations to the U.S. Supreme Court. Before the Senate reinterpreted the rule, ending consideration of nominations to the Supreme Court required a vote of three-fifths of Senators duly chosen and sworn (60 Senators unless there was more than one vacancy). The practical effect of the Senate action on April 6 was to reduce the level of Senate support necessary -
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. -
Points of Order; Parliamentary Inquiries
Points of Order; Parliamentary Inquiries A. POINTS OF ORDER § 1. In General; Form § 2. Role of the Chair § 3. Reserving Points of Order § 4. Time to Raise Points of Order § 5. Ð Against Bills and Resolutions § 6. Ð Against Amendments § 7. Application to Particular Questions; Grounds § 8. Relation to Other Business § 9. Debate on Points of Order; Burden of Proof § 10. Waiver of Points of Order § 11. Withdrawal of Points of Order § 12. Appeals B. PARLIAMENTARY INQUIRIES § 13. In General; Recognition § 14. Subjects of Inquiry § 15. Timeliness of Inquiry § 16. As Related to Other Business Research References 5 Hinds §§ 6863±6975 8 Cannon §§ 3427±3458 Manual §§ 627, 637, 861b, 865 A. Points of Order § 1. In General; Form Generally A point of order is in effect an objection that the pending matter or proceeding is in violation of a rule of the House. (Grounds for point of order, see § 7, infra.) Any Member (or any Delegate) may make a point of order. 6 Cannon § 240. Although there have been rare instances in which the Speaker has insisted that the point of order be reduced to writing (5 633 § 1 HOUSE PRACTICE Hinds § 6865), the customary practice is for the Member to rise and address the Chair: MEMBER: Mr. Speaker (or Mr. Chairman), I make a point of order against the [amendment, section, paragraph]. CHAIR: The Chair will hear the gentleman. It is appropriate for the Chair to determine whether the point of order is being raised under a particular rule of the House. The objecting Member should identify the particular rule that is the basis for his point of order. -
The Legislative Process on the House Floor: an Introduction
The Legislative Process on the House Floor: An Introduction Updated May 20, 2019 Congressional Research Service https://crsreports.congress.gov 95-563 The Legislative Process on the House Floor: An Introduction Summary The daily order of business on the floor of the House of Representatives is governed by standing rules that make certain matters and actions privileged for consideration. On a day-to-day basis, however, the House can also decide to grant individual bills privileged access to the floor, using one of several parliamentary mechanisms. The standing rules of the House include several different parliamentary mechanisms that the body may use to act on bills and resolutions. Which of these will be employed in a given instance usually depends on the extent to which Members want to debate and amend the legislation. In general, all of the procedures of the House permit a majority of Members to work their will without excessive delay. The House considers most legislation by motions to suspend the rules, with limited debate and no floor amendments, with the support of at least two-thirds of the Members voting. Occasionally, the House will choose to consider a measure on the floor by the unanimous consent of Members. The Rules Committee is instrumental in recommending procedures for considering major bills and may propose restrictions on the floor amendments that Members can offer or bar them altogether. Many major bills are first considered in Committee of the Whole before being passed by a simple majority vote of the House. The Committee of the Whole is governed by more flexible procedures than the basic rules of the House, under which a majority can vote to pass a bill after only one hour of debate and with no floor amendments. -
1- Rules of the House of Representatives 1.0 Procedural and Parliamentary Authority 1-1 Manual. the Wyoming Manual of Legisla
Rules of the House of Representatives 1.0 Procedural and Parliamentary Authority 1-1 Manual. The Wyoming Manual of Legislative Procedures, Revised, shall be referred to as the "Manual." 1-2 Parliamentary Practice. The rules of parliamentary practice comprised in Mason's Manual of Legislative Procedure shall govern the House in all cases to which they can apply and in which they are not inconsistent with the rules and orders of the House and Joint Rules. [Ref: Mason's §§ 30 to 32] 1-3 Suspension of Rules. No change, suspension, or addition to the rules of the house shall be made except by a two-thirds vote of the elected members. [Ref: Mason's §§ 279 to 287] 2.0 House Organization 2-1 Removal of Officers. A vote of at least two-thirds of the elected House members for the removal of any officer of the House shall be sufficient to vacate the chair or office. [Ref: Mason's § 581] 2-2 House Committees. The Speaker of the House after conferring with the majority and minority leaders shall appoint members to House standing committees subject to House Rule 2-3. House standing committees are as follows: 1. Judiciary 2. Appropriations 3. Revenue 4. Education 5. Agriculture, State and Public Lands and Water Resources 6. Travel, Recreation, Wildlife and Cultural Resources 7. Corporations, Elections and Political Subdivisions 8. Transportation, Highways and Military Affairs 9. Minerals, Business and Economic Development 10. Labor, Health and Social Services 11. Journal 12. Rules and Procedure [Ref: Mason's §§ 600 to 602] -1- 2-3 Committee Membership. -
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. -
Changes to Senate Procedures at the Start of the 113Th Congress Affecting the Operation of Cloture (S.Res
Changes to Senate Procedures at the Start of the 113th Congress Affecting the Operation of Cloture (S.Res. 15 and S.Res. 16) Updated March 19, 2013 Congressional Research Service https://crsreports.congress.gov R42996 Changes to Senate Procedures in the 113th Congress Affecting the Operation of Cloture Summary On January 25, 2013, the Senate approved two resolutions affecting the process for considering legislation and nominations. S.Res. 15 established two standing orders of the Senate that will apply only in the 113th Congress; S.Res. 16 made two changes to the standing rules of the Senate. Section 1 of S.Res. 15 creates a special motion to proceed that could be approved by majority vote after four hours of debate. (Most motions to proceed are not subject to any limit on debate, and therefore a cloture process and three-fifths support may be required to reach a vote.) A bill brought before the Senate using this motion would be subject to an alternative amendment process intended to encourage the consideration of at least four amendments, two from each party. The four amendments would be considered sequentially (not simultaneously), alternating by party, beginning with the minority. With cloture, the opportunity to offer all four amendments is guaranteed if they are filed by times specified in the standing order. Unlike standard amendments, a non-germane priority amendment could be considered post-cloture, but would require 60 votes for approval. Without cloture, the amendments are not subject to any debate limit, and considering all four would therefore likely require unanimous consent. S.Res. -
2021 House Rules
67th Legislature HR 2 A RESOLUTION OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA ADOPTING THE HOUSE RULES. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA: That the following House Rules be adopted: RULES OF THE MONTANA HOUSE OF REPRESENTATIVES CHAPTER 1 Administration H10-10. House officers -- definitions. (1) House officers include a Speaker, a Speaker pro tempore, majority and minority leaders, and majority and minority whips. (2) A majority of representatives voting elects the Speaker and Speaker pro tempore from the House membership. A majority of each caucus voting nominates House members to the remaining offices, and those nominees are considered to have been elected by a majority vote of the House. (3) (a) "Majority leader" means the leader of the majority party, elected by the caucus. (b) "Majority party" means the party with the most members, subject to subsection (4). (c) "Minority leader" means the leader of the minority party, elected by the caucus. (d) "Minority party" means the party with the second most members, subject to subsection (4). (4) If there are an equal number of members of the two parties with the most members, then the majority party is the party of the Speaker and the minority party is the other party with an equal number of members. H10-20. Speaker's duties. (1) The Speaker is the presiding officer of the House, with authority for - 1 - Authorized Print Version – HR 2 ENROLLED BILL 67th Legislature HR 2 administration, order, decorum, and the interpretation and enforcement of rules in all House deliberations. -
Rules of Council Be Suspended So As to Permit the Use of a Consent Agenda to Consider Bills on Council’S Final Passage Calendar
City of Philadelphia Council of the City of Philadelphia Office of the Chief Clerk Room 402, City Hall Philadelphia (Resolution No. 200001-A) RESOLUTION To provide Rules for the Government of the Council of the City of Philadelphia. RESOLVED, By the Council of the City of Philadelphia, That for the government of this Council the following Rules are hereby adopted: I. Meetings 1. The Council shall meet at scheduled Thursday sessions at ten o’clock A.M. Additional meetings shall be held at such other times as the Council, by vote of the majority of all the members shall provide. The Council, by a vote of a majority of all the members may suspend a stated meeting, or recess or adjourn to a specified time. 2. The President of the Council may call special meetings of the Council whenever in the President’s opinion the public business requires, and the President shall be required to call special meetings whenever five (5) members of the Council make a written request therefor. In the case of a special meeting the subject or subjects to be considered shall be specified in the call therefor, and such subject or subjects alone shall be considered at the said special meeting to the exclusion of all other matters, unless the Council shall by vote of two-thirds of all the members agree thereto at the said special meeting. Written notice of all special meetings of the Council shall be forwarded to all members of Council not less than forty-eight (48) hours (excluding Sunday) preceding the same, unless there shall be waiver of such notice at or before the time fixed for the said special meeting. -
Rules of the Kansas Senate
Rules of the Kansas Senate State of Kansas 2021-2024 January 2021 TABLE OF CONTENTS PAGE Rule 1. Time of Meetings.......................................................................... 5 Rule 2. Convening – Quorum – Assuming Duties of Chair...................... 5 Rule 3. Absence of Member...................................................................... 5 Rule 4. Order of Business and Session Proforma...................................... 5 Rule 5. Business in Order at Any Time..................................................... 6 Rule 6. Special Order................................................................................. 6 Rule 7. Standing Committees.................................................................... 7 Rule 8. Special and Select Committees..................................................... 8 Rule 9. Standing Committees – Duties of Chairperson, etc...................... 8 Rule 10. Vote in Senate Committee............................................................. 9 Rule 11. Committee Action on Bills and Resolutions................................. 9 Rule 12. Adversely Reported Bills and Resolutions................................... 10 Rule 13. When Bill or Concurrent Resolution Placed on General Orders.............................................................................. 10 Rule 14. Address the President – To Be Recognized – Speak But Twice on the Same Subject.................................................... 10 Rule 15. No Senator Shall Be Interrupted..................................................