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Parliamentary Inquiries CHAPTER 31 Points of Order; Parliamentary Inquiries A. Points of Order (p. 1) § 1. In General; Effect § 2. Manner of Making Point of Order § 3. Reserving Points of Order § 4. Timeliness § 5. Timeliness as Against Bills or Provisions Therein § 6. Timeliness as Against Amendments § 7. Debate § 8. Burden of Proof on Points of Order § 9. Waiver § 10. Role of Committee on Rules in Waiving Points of Order § 11. As Related to Other Business § 12. Relationship of Quorum Requirements to Points of Order § 13. Appeals B. Parliamentary Inquiries (p. 493) § 14. In General § 15. When in Order Index to Precedents (p. 571) Commentary and editing by William Holmes Brown, J.D., and John Theo- dore Fee, J.D. Manuscript editing by Joan Deschler Bamel. 11937 VerDate 29-OCT-99 09:14 Nov 12, 1999 Jkt 010199 PO 00000 Frm 00001 Fmt 8890 Sfmt 8890 E:\RENEE\52093C31.TXT txed02 PsN: txed02 VerDate 29-OCT-99 09:14 Nov 12, 1999 Jkt 010199 PO 00000 Frm 00002 Fmt 8890 Sfmt 8890 E:\RENEE\52093C31.TXT txed02 PsN: txed02 Points of Order; Parliamentary Inquiries A. Points of order § 1. In General; Effect decide points of order, subject to a right of appeal by any Member. A point of order is in effect an Apart from this rule, the disposi- objection that the pending matter tion of points of order is largely or proceeding is in violation of governed by the discretion of the some rule or practice of the Chair and by precedent.(5) The House. It may also constitute a Chair, without prompting from a demand for an immediate return Member, sometimes assumes an ( ) to the regular order. 1 A point of affirmative obligation to protect order is not a vehicle for obtaining the rights of Members.(6) In the debate time or for injecting com- exercise of its discretion, the ments about a pending amend- Chair may, for example, decide ment or matter under consider- whether to entertain more than ation.(2) one point of order at the same Rule I clause 4 (3) provides that time; (7) whether to decide one it is the duty of the Speaker (4) to point or another first; (8) or wheth- 1. For general discussion of the subject er to rule on points of order simul- of points of order prior to 1936, see taneously.(9) On rare occasions, 5 Hinds' Precedents §§ 6863±6957; 8 Cannon's Precedents §§ 3427±3458. and generally acts with the powers Points of order consume less time of the Speaker, as provided by Rule today than formerly. Mr. Clarence XXIII clause 1, House Rules and Cannon (Mo.), who was parliamen- Manual § 861 (1997). See 5 Hinds' tary clerk at the Speaker's table be- Precedents § § 6828, 6927. fore becoming a Member, once esti- 5. See § 1.1, infra, as to the importance mated that discussion of points of of precedents, generally. order occupied a third of the time of 6. See § 1.3, infra. the House in the early 20th century. 7. See § 1.8, infra. See 101 CONG. REC. 10609, 84th 8. See § 1.9, infra. Cong. 1st Sess., July 14, 1955. 9. See § 1.13, infra. 2. See § 1.42, infra. The Chair's discretion in this re- 3. House Rules and Manual § 624 gard is guided by his understanding (1997). of the relative effects resulting from 4. In the Committee of the Whole, the the sustaining of the various points Chairman decides questions of order of order. 11939 VerDate 29-OCT-99 09:14 Nov 12, 1999 Jkt 010199 PO 00000 Frm 00003 Fmt 8875 Sfmt 8875 E:\RENEE\52093C31.TXT txed02 PsN: txed02 Ch. 31 § 1 DESCHLER-BROWN PRECEDENTS the Chair will anticipate a par- fore the House. For example, a liamentary situation andÐas with point of order against a portion of a question of privilegeÐrule with- an amendment may cause the out a point of order from the whole amendment to fall; (19) and floor.(10) a point of order against a con- At the beginning of a Congress, ference report, if sustained, may before rules are adopted, the vitiate the report and leave the Chair enforces ``order'' based on House with the amendments in precedents and long-established disagreement before it for disposi- customsÐprinciples of general tion.(20) parliamentary lawÐwhich con- The enforcement of committee stitute and define proper decorum rulesÐthose which are not ex- in debate.(11) plicit rules of the House but are The Chair may refuse to rule on internal to a committeeÐis the re- matters that are related to but sponsibility of the pertinent com- not expressly raised in the point mittees. Normally, the Speaker is of order; (12) and points of order do not compelled to rule on a point of not lie against the Chair's exercise order relating to the interpreta- of discretionary authority granted tion of such a committee rule.(1) ( ) by the standing rules. 13 More- However, violations of certain over, the Chair does not rule on committee rules are cognizable in ( ) constitutional questions, 14 hypo- the House under Rule XI clause (15) thetical questions, or the effect 2.(2) (16) of a bill's provisions. Similarly, There are special procedures the Chair does not pass upon the prescribed by standing rule (3) re- consistency of proposed amend- lating to words uttered in debate. (17) ments or resolve ambiguities in The proper procedure is to de- amendments.(18) mand that ``words be taken down.'' The effect of sustaining a point But such demands must be time- of order depends on the matter be- 19. See § 1.25, infra. 10. See § 1.51, infra. 20. See § 1.27, infra. 11. See § 1.2, infra. 1. See § 1.47, infra. 12. See § 1.28, infra. 2. See, e.g., Rule XI clause 2(g)(5), 13. See § 1.29, infra. House Rules and Manual § 708, and 14. See § § 1.37±1.39, infra. clause 2(l), § 713 (1997). See also 15. See § 1.40, infra. § § 1.47, 1.48, 1.49, infra. 16. See § 1.36, infra. 3. See Rule XIV, clauses 1, 4, and 5, 17. See § 1.36, infra House Rules and Manual § § 749, 760 18. See § 1.41, infra. (1997). 11940 VerDate 29-OCT-99 09:14 Nov 12, 1999 Jkt 010199 PO 00000 Frm 00004 Fmt 8875 Sfmt 8875 E:\RENEE\52093C31.TXT txed02 PsN: txed02 POINTS OF ORDER; PARLIAMENTARY INQUIRIES Ch. 31 § 1 ly, before other debate inter- . Not only is this subcommittee, venes.(4) in my judgment, not doing the job that needs to be done, it has brought the in- f stitution again, in my judgment, into disrepute by disregarding the rules of Importance of Precedents the House and permitting a committee of the House to be used as a forum in § 1.1 The Speaker follows the this fashion. precedents of the House in MR. [OREN] HARRIS [of Arkansas]: deciding points of order. Mr. Speaker, I must object again and ask that those words be deleted. (5) On June 24, 1958, Mr. Thom- MR. CURTIS of Missouri: I would like as B. Curtis, of Missouri, chal- to ask the gentleman before he does, lenged a practice of the House just what language is he objecting to? with which he disagreed and MR. HARRIS: To the charge that this sought to have Speaker Sam Ray- committee is violating the rules of the burn, of Texas, overrule certain House. precedents which prevented dis- MR. CURTIS of Missouri: Well, I cer- tainly do charge that and I think it is cussion on the floor of the House proper to charge such a thing if I have of matters occurring in commit- presented the evidence. How else are tees, unless the committees in we going to present the case to the question took action. The fol- House? lowing exchange, emphasizing the THE SPEAKER: There is a long line of importance of precedent in the decisions holding that attention cannot Speaker's rulings, took place: be called on the floor of the House to proceedings in committees without ac- SUBCOMMITTEE ON LEGISLATIVE tion by the committee. The Chair has OVERSIGHT just been reading a decision by Mr. Speaker Gillett and the decision is THE SPEAKER: Under previous order of the House, the gentleman from Mis- very positive on that point. souri [Mr. Curtis], is recognized for 60 MR. CURTIS of Missouri: Mr. Speak- minutes. er, in addressing myself to that, may I MR. CURTIS of Missouri: . Mr. say I am unaware of such a rule and Speaker, I am very disturbed about the I would argue, if I may, in all pro- manner in which one of our House sub- priety, that that rule, if it does exist, committees has been conducting itself should be changed because how else in the past few days. I refer to the sub- will the House ever go into the func- committee of the Interstate and For- tioning and actions of its committees? eign Commerce Committee on Legisla- THE SPEAKER: That is not a question tive Oversight. for the Chair to determine. That is a question for the House to change the 4. See § 1.50, infra. rule. 5. 104 CONG. REC. 12121, 12122, 85th MR. CURTIS of Missouri: Mr. Speak- Cong. 2d Sess. er, is it a rule or is it a ruling? If it is 11941 VerDate 29-OCT-99 09:14 Nov 12, 1999 Jkt 010199 PO 00000 Frm 00005 Fmt 8875 Sfmt 8875 E:\RENEE\52093C31.TXT txed02 PsN: txed02 Ch. 31 § 1 DESCHLER-BROWN PRECEDENTS a ruling of the Chair, then it is appro- the resolution.
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