Rules of the House of Representatives
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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. -
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. -
The First Day of a New Congress: a Guide to Proceedings on the House Floor
The First Day of a New Congress: A Guide to Proceedings on the House Floor -name redacted- Specialist on the Congress Updated December 19, 2018 Congressional Research Service 7-.... www.crs.gov RL30725 The First Day of a New Congress: A Guide to Proceedings on the House Floor Summary Article 1, Section 2 of the Constitution sets a term of office of two years for all Members of the House. One House ends at the conclusion of each two-year Congress, and the newly elected Representatives must constitute a new House at the beginning of the next Congress. Consequently, the House must choose its Speaker and officers and adopt the chamber’s rules of procedure every two years. The Constitution mandates that Congress convene at noon on January 3, unless the preceding Congress by law designated a different day. P.L. 113-201 set January 6, 2015, as the convening date of the 114th Congress. Congressional leaders planned that the 115th Congress would convene January 3, 2017, and that the 116th Congress would convene January 3, 2019, obviating the need for a law to set the date. Although no officers will have been elected when the House first convenes, officers from the previous Congress perform certain functions, such as conducting the election of the Speaker. The House follows a well-established first-day routine. The proceedings include— a call to order by the Clerk of the House; a prayer led by the Chaplain and the Pledge of Allegiance led by the Clerk; a quorum call ordered by the Clerk; the election of the Speaker, ordered by the Clerk and conducted with the assistance of tellers; remarks by the Speaker-elect, followed by his or her swearing-in by the dean of the House; the oath of office for the newly elected and re-elected Members, administered by the Speaker; adoption of the rules of the House for the new Congress; adoption of various administrative resolutions and unanimous consent agreements; and announcement of the Speaker’s policies on certain floor practices. -
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. -
Delaying Judgment
Volume 26 Number 3, March 2012 MERGERS AND AQUISITIONS Delaying Judgment Day: How an adjournment, the meeting is convened without taking a stockholder vote, but then reconvened to Defer Stockholder Votes in at a later time and date. However, a stockholder Contested M&A Transactions meeting also can be postponed or recessed. In a postponement, the previously scheduled stock- holder meeting is not convened, but is delayed to In connection with an M&A transaction, pub- a subsequent time and date. In a recess, the stock- lic companies sometimes fi nd it desirable to delay holder meeting is convened, and then “recessed” a previously scheduled stockholders meeting. without taking a stockholder vote and continued Adjournment is the most traditional method, but at a later time and date. a recess or postponement may be appropriate. In any event, a review of the company’s charter and The determination of whether a company can bylaws, applicable state or foreign law, the federal delay its previously scheduled stockholder vote, securities laws and the agreements governing the and the best method of doing so, requires a rigor- transaction must be analyzed. ous analysis of the company’s charter and bylaws, applicable state or foreign law, the federal securi- by Lois Herzeca and Eduardo Gallardo ties laws, and the agreements governing the trans- action. Public companies that are seeking stockholder approval of a contested business combination Reviewing Organizational Documents transaction have sometimes found it desirable to delay a previously scheduled meeting of stock- As an initial matter, both the charter and holders. The company may wish to provide stock- bylaws of the company should be reviewed to holders with additional time to consider new determine if, and to the extent that, they address information (such as a new or revised acquisition the ability of the board of directors, or the chair proposal), may need additional time to solicit of the meeting, to delay a stockholders meeting. -
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. -
House and Senate Rules of Procedure: a Comparison
House and Senate Rules of Procedure: A Comparison Updated April 16, 2008 Congressional Research Service https://crsreports.congress.gov RL30945 House and Senate Rules of Procedure: A Comparison Summary More differences than similarities emerge when comparing selected House and Senate rules of procedure for referring legislation to committees, and for scheduling, raising and considering measures on the floor. While the House uses four calendars (Union, House, Private, Discharge), the Senate only employs two calendars (Legislative and Executive). The House’s system of special days for considering certain types of measures (e.g., “District Days”) has no equivalent in the Senate. In making scheduling decisions, the Speaker typically consults only with majority party leaders and selected Representatives whereas the Senate Majority Leader confers broadly with minority party leaders and interested Senators. The Speaker’s dual position as leader of the majority party and the House’s presiding officer gives him more authority to govern floor proceedings than the Senate’s presiding officer. While debate time is always restricted in the House, individual Senators generally have the right to unlimited debate. Most noncontroversial measures are approved by “suspension of the rules” in the House, and by unanimous consent in the Senate. Floor consideration of major bills is generally governed by “special rules” in the House, and by “complex unanimous consent agreements” in the Senate. The House typically meets in the Committee of the Whole to consider major legislation; no such committee exists in the Senate. The House considers and amends legislation in a more structured manner (e.g., by section or title) than the Senate. -
Agenda Items Public Comment Adjournment
MEETING OF THE COMMUNITY SERVICES ADVISORY COMMITTEE CITY OF VICTORVILLE DECEMBER 16, 2019 4:00 P.M. – 5:00 P.M. CONFERENCE ROOM D VICTORVILLE CITY HALL 14343 CIVIC DRIVE VICTORVILLE, CA 92392 IN COMPLIANCE WITH THE AMERICANS WITH DISABILITY ACT, ANYONE WHO REQUIRES REASONABLE ACCOMMODATIONS TO PARTICIPATE IN A MEETING MAY REQUEST ASSISTANCE AND/OR RECEIVE THE AGENDA IN AN ALTERNATIVE FORM BY CONTACTING THE VICTORVILLE CITY CLERK’S OFFICE (760) 955-5026 NO LATER THAN 72 HOURS PRIOR TO THE MEETING CALL TO ORDER ROLL CALL AGENDA ITEMS 1. Review and Approval of Minutes from 11/18/19 2. Update on Library Master Plan 3. Update on Civil Rights Memorial Contest 4. Discussion on CPRS Conference 5. Grant Discussion 6. Committee Member Reports / Comments 7. Staff Reports / Comments 8. Next Meeting Date – To be Discussed; Next meeting scheduled for 1/20/19 PUBLIC COMMENT ADJOURNMENT THIS PAGE LEFT BLANK INTENTIONALLY VICTORVILLE COMMUNITY SERVICES DEPARTMENT COMMUNITY SERVICES ADVISORY COMMITTEE ACTION MINUTES – NOVEMBER 18, 2019 1. CALL TO ORDER The regular meeting of the Community Services Advisory Committee was called to order by Committee Member Golden at 4:19 p.m. in Conference Room D at City Hall, 14343 Civic Drive, Victorville. 2. ROLL CALL PRESENT: Committee Members Golden, Pyle and Smith. ABSENT: None. STAFF: Director Davidson, Manager Armstrong, Manager Lynch, Librarian Carter, Specialist Ballou, Secretary Doornbos and Recording Secretary Nelson. 3. COMMUNICATIONS FROM THE AUDIENCE None 4. APPROVAL OF MINUTES It was moved by Chair Golden to approve the minutes for the meeting on March 18, 2019, seconded by Committee Member Smith; motion carried (3/0/0) 5. -
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. -
A Retrospective of House Rules Changes Since the 104Th Congress Through the 109Th Congress
A Retrospective of House Rules Changes Since the 104th Congress through the 109th Congress /name redacted/ Senior Specialist in American National Government /name redacted/ Specialist on the Congress March 8, 2012 Congressional Research Service 7-.... www.crs.gov RL33610 CRS Report for Congress Prepared for Members and Committees of Congress A Retrospective of House Rules Changes Since the 104th Congress through 109th Congress Summary One of the majority party’s prerogatives is writing the House rules and using its majority status to effect the chamber’s rules on the day the new House convenes. It is a feature of the House that it must adopt rules at the convening of each Congress. While each new House largely adopts the chamber rules that existed in the previous Congress, each new House also adopts changes to those rules. Institutional and political developments during the Democratic majority, particularly during the 103rd Congress, were a prelude to the rules changes made by the Republicans when they took control of the House in the 104th Congress. Rules changes made at the convening of the 104th Congress addressed most aspects of the committee system: decision-making autonomy, jurisdictions, internal committee procedures and structure, and staff. Rules changes for the 104th Congress and after also addressed most aspects of legislation deliberations on the House floor and organization of the chamber. For example, the minority was guaranteed the ability to offer the motion to recommit with instructions, commemorative legislation was banned, the names of signatories of discharge petitions were publicized, provisions were made for convening a House with a reduced membership due to a terrorist attack, and the Speaker was subjected to a term limit that was later repealed. -
“Regular Order” in the US House: a Historical Examination of Special
The Erosion of “Regular Order” in the U.S. House: A Historical Examination of Special Rules Michael S. Lynch University of Georgia [email protected] Anthony J. Madonna University of Georgia [email protected] Allison S. Vick University of Georgia [email protected] May 11, 2020 The Rules Committee in the U.S. House of Representatives is responsible for drafting special rules for most bills considered on the floor of the House. These “special rules” set the guidelines for floor consideration including rules of debate and the structure of the amending process. In this chapter we assess how the majority party uses special rules and the Rules Committee to further their policy and electoral goals. We explain the work of the Rules Committee and assess how the use of rules has changed over time. Using a dataset of “important” legislation from 1905-2018, we examine the number of enactments considered under restrictive rules and the rise of these types of rules in recent Congresses. Additionally, we use amendment data from the 109th-115th Congresses to analyze the amending process under structured rules. Introduction In October of 2015, Rep. Paul Ryan (R-WI) was elected Speaker of the House. Among other promises, Ryan pledged to allow more floor amendments through open processes and to return the House to “regular order” (DeBonis 2015). Ryan’s predecessor, former-Speaker John Boehner (R-OH), had been aggressively criticized by members of both parties for his usage of special rules to bar amendments. Despite his optimism, many were skeptical Ryan would be able to deliver on his open rule promises.1 This skepticism appeared to be warranted. -
The Legislative Process in Texas the Legislative Process in Texas
The Legislative Process in Texas The Legislative Process in Texas Published by the Texas Legislative Council February 2021 Texas Legislative Council Lieutenant Governor Dan Patrick, Joint Chair Speaker Dade Phelan, Joint Chair Jeff Archer, Executive Director The mission of the Texas Legislative Council is to provide professional, nonpartisan service and support to the Texas Legislature and legislative agencies. In every area of responsibility, we strive for quality and efficiency. During previous legislative sessions, the information in this publication was published as part of the Guide to Texas Legislative Information. Copies of this publication have been distributed in compliance with the state depository law (Subchapter G, Chapter 441, Government Code) and are available for public use through the Texas State Publications Depository Program at the Texas State Library and other state depository libraries. This publication can be found at https://www.tlc.texas.gov/publications. Additional copies of this publication may be obtained from the council: By mail: P.O. Box 12128, Austin, TX 78711-2128 By phone: (512) 463-1144 By e-mail: [email protected] By online request form (legislative offices only): https://bilreq/House.aspx If you have questions or comments regarding this publication, please contact Kellie Smith by phone at (512) 463-1155 or by e-mail at [email protected]. Table of Contents HOW A BILL ORIGINATES. .1 INTRODUCING A BILL . 1 THE ROLE OF COMMITTEES. .2 REFERRAL TO A COMMITTEE. 2 COMMITTEE MEETINGS. 2 COMMITTEE REPORTS . .3 HOUSE CALENDARS AND LIST OF ITEMS ELIGIBLE FOR CONSIDERATION. 4 SENATE REGULAR ORDER OF BUSINESS AND INTENT CALENDAR.