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§ 4. Limitations on the Speaker's Powers

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§ 4. Limitations on the Speaker's Powers OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 4 Chair did not use the word ‘‘violate.’’ ple, the Speaker normally does The Chair did not go that far. The not refer matters to the various Chair simply says reference to a Mem- House committees without first ber of the other body is not proper, and (17) is not consistent with the rules of the examining the measures and House. The gentleman was recognized conferring with the House Parlia- ( ) to proceed in order. mentarian. 18 MR. WYMAN: Mr. Speaker, I will, of The Speaker is, of course, guid- course, accord with the rule and I will ed in his duties by the House therefore refer only to prominently rules and precedents. Thus, he publicized remarks appearing on the normally does not comment on the front pages of the Nation’s newspapers of last night and this morning advisability of one rule over an- other in a case where a previous rule is in conflict with a current ( ) § 4. Limitations on the rule, 19 nor does he normally rule on a point of order in such a way Speaker’s Powers as to overturn previous rulings, though he has the power to do As previously noted, the Speak- so.(1) er is not unlimited in the exercise Though in certain cir- of his various powers. The House cumstances it might seem helpful rules and precedents serve not for the Speaker to interpret the only as a guide for his actions but Senate rules of procedure, he does also as a constraint on them. In not normally even attempt to do Jefferson’s Manual, the author so. noted the importance of such con- Similarly, the Speaker does not straints: rule on the effect of a resolution And whether these forms be in all being considered by the House cases the most rational or not is really which deals with the House not of so great importance. It is much rules.(2) more material that there should be a rule to go by than what that rule is; 17. See § 4.2, infra. that there may be a uniformity of pro- 18. See § 4.3, infra. See Ch. 16, infra, for ceeding in business not subject to the treatment of reference of bills to caprice of the Speaker....(16) committees. Thus, the Speaker is con- 19. See § 4.4, infra. See Ch. 5, supra, for strained to follow formal proce- treatment of the House rules. dures when they exist. For exam- 1. See § 4.5, infra. See Ch. 31, infra, for fuller treatment of the Speaker’s rul- 16. House Rules and Manual § 285 ings on points of order. (1973). 2. See § 4.8, infra. 471 Ch. 6 § 4 DESCHLER’S PRECEDENTS Whether a Member may display priety of an announced speech exhibits during his remarks is a topic in advance of its delivery; (13) matter for the House and not the or on how the results of a vote ( ) Speaker to decide. 3 should be construed.(14) Tke Speaker’s duty to rule on In many situations, the Speaker various points of order is limited is entitled to perform certain ac- (4) in certain ways. It is considered tions only after the House has improper for the Speaker to rule, for example: on the constitu- given him its formal authoriza- tionality of measures; (5) on the ef- tion. Thus, for example, under fect of an amendment; (6) on the normal circumstances, the Speak- merits of a measure; (7) on the er must be authorized by the purpose of an amendment; (8) on House prior to declaring a re- the sufficiency, insufficiency, or cess. (15) This authorization may binding effect of a committee re- later be vacated by the House.(16) port; (9) on the substantive effect of The Speaker must also be au- extraneous material in a com- thorized to sign enrolled bills and ( ) mittee report; 10 on the possible joint resolutions during House ad- ambiguity of language in a meas- journments.(17) The Speaker’s sig- ure; (11) on the propriety of in- nature may later be rescinded by structions that might subse- (18) quently accompany a motion to re- House action. ( ) commit a measure; 12 on the pro- 3. See § 4.10, infra. See Ch. 29, infra, Congressional Record Policy for fuller treatment of the Speaker’s role in consideration and debate of § 4.1 Although the Speaker legislative measures, and as to the may have set policy regard- use of exhibits. 4. See Ch. 31, infra, for fuller treat- 13. See § 4.26, infra. ment of the Speaker’s role vis-a-vis 14. See § § 4.27, 4.28, infra. points of order. 15. See § 4.34, infra. See also § 3.44, 5. See § 4.18, infra. supra, for Speaker’s power to declare 6. See § 4.19, infra. recesses in an emergency. See Ch. 7. See § 4.20, infra. 39, infra, for fuller treatment of the 8. See § 4.21, infra. Speaker’s role in recessing the 9. See § 4.22, infra. House. 10. See § 4.23, infra. 16. See § 4.35, infra. 11. See § 4.24, infra. 17. See § § 4.37, 4.38, infra. See Ch. 24, 12. See § 4.25, infra. See Ch. 28, infra, infra, for fuller treatment of the for- for treatment of the germaneness mal passage of bills. rule generally. 18. See § § 4.39, 4.40, infra 472 OFFICERS, OFFICIALS, AND EMPLOYEES Ch. 6 § 4 ing matter to be included in it had a heading on it, and . one of the Congressional Record, it the Official Reporters in the well of the is a matter for the House to House here called down there at mid- night and had that heading changed. decide whether such a pol- It seems to me that we have come to icy, not being a House rule, the time, if Congress is going to control shall be followed. the Congressional Record, that we On Mar. 6, 1945,(19) Speaker might as well find it out. I understand Sam Rayburn, of Texas, discussed it has been the ruling of the Chair that where a Member makes a 1-minute extension of remarks in the Con- speech, if he asks to insert extraneous gressional Record in response to a matter that contains more than 300 parliamentary inquiry: words, the speech must be inserted in the Appendix of the Record. But where MR. [JOHN E.] RANKIN [of Mis- a Member makes his own speech and sissippi]: Mr. Speaker, a parliamentary inquiry. extends his own remarks, he has the right to have that speech appear in the THE SPEAKER: The gentleman will Record at that point.... state it. THE SPEAKER: The Chair can reit- MR. RANKIN: Mr. Speaker, on yester- erate what he has said many times. day several Members made 1 minute speeches. Among them was the gen- When I became majority leader, I tleman from Arkansas . the gentle made the statement to the House, after man from Nevada . the gentleman consulting with the minority leader, from New York . and your humble who I think at that time was Mr. servant. Snell, of New York, that if anyone Without consulting the gentleman asked to proceed for more than 1 from Nevada . or the gentleman minute before the legislative program from Arkansas . or me, somebody of the day was completed we would ob- down the line inserted our speeches in ject. Since then Members have not the Appendix of the Record and left asked to proceed for more than a the speech made by the gentleman minute before the legislative program. from New York . in the body of the Then Members began speaking for a Record where it should be. minute and putting into the Record a As I understand the rules of the long speech, so that 10 or a dozen House, nobody in the Printing Office pages of the Record was taken up be- has any right to change this Record. fore the people who read the Record One reason I am raising this question would get to the legislative program of is this: The Speaker is familiar with the day, in which I would think they the fact that a short time ago, I made would be the most interested. So we a short address on the floor and when adopted the policy—there is no rule it was sent down to the Printing Office about it—of asking that when Mem- bers speak for a minute, if their re- 19. 91 CONG. REC. 1788, 1789, 79th marks are more than 300 words, which Cong. 1st Sess. many times can be said in a minute, 473 Ch. 6 § 4 DESCHLER’S PRECEDENTS their remarks or any extension of their If we are going to adopt the policy remarks go in the Appendix of the that everybody who speaks in the well Record. The Chair has on numerous of the House and uses over 300 words occasions spoken to those who control must have his speech printed in the the Record and asked them to follow Appendix, it should apply to all of us. that policy. I think this should be a matter MR. RANKIN: Mr. Speaker, I take to be settled by the membership of the issue of course with that policy, be- House. cause these 1-minute speakers do not THE SPEAKER: The House has that abuse the Record, as a rule. The only within its entire control at any time it question that has been raised about desires to act upon the question.... any abuse of the Record in regard to Mr.
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