Robert's Rules of Order
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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. -
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. -
Robert's Rules of Order As Used by the General Tribal Council Voting
Robert’s Rules of Order As Used by the General Tribal Council Voting Majority Vote - used in most instances and requires a simple majority of the members voting, excluding those who choose to abstain. The abstentions are asked for to complete the record, not to include them in the count. Two-Thirds Vote - used to overturn a previous action as identified in the Ten Day Notice Policy. Requires two-thirds of those voting to take action, excluding those who choose to abstain. The total number of votes, divided by three, multiplied times two. Fragments are included in the ‘yes’ votes as that is where two-thirds of the vote lies. Note: an action of the membership to overturn a prior action taken at a meeting which was concluded by the Business Committee on behalf of the General Tribal Council, because no quorum was met, falls within the Ten Day Notice Policy requirements. Tie Votes - in the event of a tie, the Chairperson can vote. A tie is identified in Robert’s Rules of Order as an occasion where if the Chair casts a vote, a different outcome will result. The Constitution identifies that the Chair votes “only in the case of a tie.” This has been identified to limit the ability of the Chair to vote to break a tie vote. In the case of a two- thirds vote, where it would change the results of the vote. Point of Order A point of order arises when a member who has the floor is not talking about the subject matter on the agenda before the membership at that time in the 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. -
Rules Committee Procedures
Rules Committee Procedures 2012 CONTENTS Senate Rules Committee Process .................................................. Page 3 House Rules Committee Process ................................................... Page 5 ************************************************************* Senate Rules Committee Members – 2012 Lt. Governor Brad Owen, Chair Senator Margarita Prentice, Vice Chair Senator Lisa Brown Senator Curtis King Senator Mike Carrell Senator Adam Kline Senator Steve Conway Senator Jeanne Kohl-Welles Senator Tracey Eide Senator Rosemary McAuliffe Senator Karen Fraser Senator Linda Parlette Senator Nick Harper Senator Cheryl Pflug Senator Mary Haugen Senator Debbie Regala Senator Mike Hewitt Senator Mark Schoesler Senator Karen Keiser Senator Val Stevens Senator Joseph Zarelli ************************************************************* House Rules Committee Members - 2012 Rep. Frank Chopp, Chair Rep. Jan Angel Rep. Jim Moeller Rep. Mike Armstrong Rep. Tina Orwall Rep. Cathy Dahlquist Rep. Eric Pettigrew Rep. Richard DeBolt Rep. Tim Probst Rep. Deb Eddy Rep. Ann Rivers Rep. Roger Goodman Rep. Cindy Ryu Rep. Tami Green Rep. Joe Schmick Rep. Bob Hasegawa Rep. Shelly Short Rep. Norm Johnson Rep. Larry Springer Rep. Troy Kelley Rep. Pat Sullivan Rep. Joel Kretz Rep. Kevin Van De Wege Rep. Marcie Maxwell Rep. Judy Warnick SENATE RULES COMMITTEE PROCESS The Rules Committee determines which bills advance to the floor calendar for consideration by the full Senate. There are two calendars in Senate rules. The White Sheet is where bills are sent immediately after being passed out of a standing committee. This is more or less a review calendar. The Green S heet is a consideration calendar made up of bills requested (or "pulled") by Rules members from the White Sheet and is the list of bills eligible to go directly to the floor. -
Committee Debate Process
Committees Committees are the first to consider proposed legislation. Committees accomplish three (3) tasks: 1. Committees decide what legislation is sent to the House or Senate. a. Committees give each bill a complete and respectful hearing including presentations by authors, Cabinet, and Lobbyist as well as thorough discussion and debate by ALL committee members. b. Committee procedure is somewhat different than that used by the Legislature. Committees are only as formal as needed to affectively get their work done. c. Committees work to send legislation to the floor, preparing their members to take an active role in floor discussion and debate of the bill. Committee Members and Chairs are responsible individually and as a group for the following: Active debate • Every member participates. • Everyone creates a positive atmosphere that encourages involvement by everyone. • Every member helps everyone else do their best. • Every member sits in a different chair beside different people at each committee hearing. Be prepared • Know and understand the procedures and use it. • Understand and be informed on the legislation in committee before YIG. Be respectful, extend courtesy to everyone • Show respect for the committee, the room and its equipment, Authors, Lobbyist, Cabinet, and advisor. • Be informed on the subject of the bill. • Consider the merits of the bill, listen with full attention. Advisors • Advisors are in the committee to help on procedure. • Assist the chairperson after each meeting to clarify any questions. Scheduling committee time Committees meet for the total time assigned each session. 1. Committees meet for the total time assigned each session. a. The committee’s time in each session is managed to ensure that each bill is considered and determine those to be sent to the floor. -
111-Quorum.Pdf
QUORUM Paragraph 1 of Rule VI provides that a quorum shall consist of a majority of the Senators duly chosen and sworn, and under the rules and practices of the Senate, any Senator may suggest the absence of a quorum before the Senate is permitted to act on any business. However, under a unanimous consent agreement placing a limitation on the debate of a measure and assigning control of that time, while that matter is pending no Senator may suggest the absence of a quorum unless that Senator con trols a sufficient amount of time (which has been held by the precedents to be 10 minutes). But, it has been equally well estab lished by the precedents that any Senator has a right to call for a quorum before a vote begins even if that Senator controlled no time, or even if there was an order that a vote occur at a time certain. However, certain unanimous consent agreements have been interpreted to preclude quorum calls. The Presiding Officer has no authority to count to see if a quorum is present when a Senator suggests the absence of a quorum unless the Senate is operating under cloture; the rules provide that once a Senator makes a point of no quorum, "the Presiding Officer shall forthwith direct the Secretary to call the roll" and the Presiding Officer "shall announce the result." U nti! a point of no quorum has been raised, the Senate oper ates on the assumption that a quorum is present, and even if only a few Senators are present, a measure may be passed or a nomi nation agreed to. -
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. -
Conducting Youth Parliament Contents
Conducting Youth Parliament Contents FOREWORD iii 1. Introduction: Why Youth Parliament 1 2. Indian Parliament at a Glance 9 3. Preparing for the Youth Parliament 15 4. Procedure for Conducting Youth Parliament - Part I 22 Seating Arrangement, Formal Sitting of the House, Oath or Affirmation, Obituary Reference, Question Hour 5. Procedure for Conducting Youth Parliament - Part II 31 Papers to be laid on the Table of the House, Calling Attention Notice, Adjournment Motion, No-Confidence Motion, Discussion of Matters of Urgent Public Importance for Short Duration 6. Procedure for Conducting Youth Parliament - Part III 40 Legislative Business APPENDIX I Glossary of Parliamentary Terms 45 APPENDIX II Some of the Words and Expressions 55 declared as Unparliamentary APPENDIX III The Youth Parliament Competition Scheme 57 APPENDIX IV List of Business and List of Questions for Oral 62 Answers APPENDIX V Eighth Schedule of the Indian Constitution 77 APPENDIX VI Suggested Reading 78 CHAPTER 1 Introduction: Why Youth Parliament The law-making bodies are required to discuss various local, national and international issues and then make suitable laws on them. The members of these bodies present all points of views and try to represent all kinds of interests related to a problem. Eventually there is accommodation of various interests and a compromise decision is taken. An effort is always made to take such a decision as would please most and antagonise least. Such decisions are frequently taken by Parliament. The decisions of Parliament are important since they affect the whole country. Each one of us is affected by the decisions of Parliament. -
Parliamentary Procedure Cheat Sheet
Parliamentary Procedure Cheat Sheet Each officer should be familiar with the fundamental rules of parliamentary procedure. The business of any meeting is conducted more efficiently and quickly with parliamentary procedure and gives members a sense of security in knowing what course of action may be taken. As stated in “Robert’s Rules of Order Newly Revised,” the rules of parliamentary law are built on a careful balance of the rights of persons and subgroups within an organization. The rules are based on regard for the rights of: • The majority – defined as more than half • The minority • Individual members • Absentees • All these together Order of Business Call to order The president must first determine if a quorum is present. A quorum is defined as the number of voting delegates who must be present in order for business to be legally transacted. The bylaws should stipulate the number for quorum. If your bylaws do not stipulate a number for quorum, then it is a majority (more than half) of your voting delegates. No business may be conducted if the College Panhellenic meeting lacks a quorum. The president stands, waits or signals for quiet, and says, “The meeting will come to order.” Note: Rapping once with the gavel, if desired. Opening The president says, “Please repeat the Panhellenic Creed.” Roll call The president says, “The secretary will call the roll.” Reading and approval of minutes The president says, “The secretary will read the minutes.” Note: The secretary stands to read the minutes. The president sits down. This should only happen if the minutes are not distributed before the meeting.