[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Previous Question]
[From the U.S. Government Printing Office, www.gpo.gov]
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PREVIOUS QUESTION
Sec. 1. In General
Sec. 2. Offering the Motion
Sec. 3. -- When in Order; Quorum Requirements
Sec. 4. -- Who May Offer
Sec. 5. Precedence; Intervention of Other Matters
Sec. 6. -- Precedence Over Other Motions
Sec. 7. Scope of Motion; Application to Particular Propositions
Sec. 8. Debate on Motion; Consideration and Disposition
Sec. 9. Effect
Sec. 10. -- On Debate Generally
Sec. 11. -- On Divided Debate
Sec. 12. -- On Amendments
Sec. 13. Recommittal
Sec. 14. Reconsideration
Sec. 15. Rejection of Motion -- As Permitting Further Consideration
Sec. 16. -- As Affecting Recognition
Sec. 17. Effect of Adjournment When Previous Question Pending
Research References
5 Hinds Secs. 5443-5520, 5569-5604
8 Cannon Secs. 2661-2694
7 Deschler Ch 23 Secs. 14-24
Manual Secs. 461-463, 804-811
Sec. 1 . In General
Function and Purpose
The motion for the previous question is used during the
consideration of a matter to terminate debate, foreclose the offering
of amendments, and to bring the House to an immediate vote on the main
question. Sec. 9, infra. It is the only motion used for this purpose
in the House. 5 Hinds Sec. 5456; 8 Cannon Sec. 2662. It is authorized
by Rule XVII clause 1 (Manual Sec. 804) and is an essential motion in
the procedure of the House.
The import of the previous question, in Jefferson's language, is
``shall the main question be now put?'' Manual Sec. 452. If the House
by majority
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vote agrees to the motion, consideration ordinarily ceases and the
House is brought to a direct vote on the pending proposition. Manual
Sec. 804. If the House disagrees to the motion, it throws the main
question open to further consideration (Sec. 15, infra), and transfers
the right of recognition to those Members who opposed the motion
(Sec. 16, infra).
The House practice in this regard is to be distinguished from that
of the Senate. The Senate does not admit the previous question. 8
Cannon Sec. 2663.
Historical Background
In the early Congresses, the previous question was used in the
House for an entirely different purpose than it is today, having been
modeled on the English parliamentary practice. As early as 1604, the
previous question had been used in the Parliament to surpress a
question which the majority deemed undesirable for further discussion
or action. Manual Secs. 442, 463. The Continental Congress adopted
this device in 1778, but there was no intention of using it as a means
of closing debate in order to bring the pending question to a vote. 5
Hinds Sec. 5445.
As a result, debates from 1807-1811 were prolonged. Finally, in
1811, after an appeal had been taken from a ruling to the contrary by
the Speaker, the House decided that there could be no debate after the
previous question was ordered, and this decision was adhered to in
subsequent rulings by the Speaker. See 11-3, Mar. 2, 1811, H. Jour. p
611.
The previous question was incorporated into the House rules in
1840. See 25-1, Jan. 14, 1840, Globe p 121. To moderate the harsh
effects of the rule, seen by some as a way of surpressing a minority,
the number required to order the previous question was changed from
one-fifth to a majority (see 12-1, H. Jour. pp 402, 406), and a Member
was given the right to call for 40 minutes of debate on a proposition
if it had not been previously debated. 5 Hinds Sec. 6821. In addition,
in 1880, the rule was amended to permit the Speaker to entertain one
motion to recommit notwithstanding the ordering of the previous
question (Sec. 13, infra).
Sec. 2 . Offering the Motion
Form
The motion for the previous question may be offered by any Member
holding the floor. It must be made in writing if demanded, but is
usually made orally:
Member: Mr. Speaker, I move the previous question on the
__________ [proposition].
Speaker: The question is on ordering the previous question.
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It is also in order to make a motion and simultaneously demand the
previous question on the motion. 5 Hinds Secs. 5477-5479.
Where, during the consideration of a bill, a Member states merely
``I move the previous question,'' without further specificity as to
the question to be voted on, the Speaker construes it as a motion for
the previous question on the bill to final passage and as applicable
to all intervening questions. 8 Cannon Secs. 2673, 2674. However, when
the House has before it several motions, a simple motion for the
previous question applies to the immediate proposition only and does
not include other pending questions. See 8 Cannon Sec. 2676.
Effect of Special Rule
The ordering of the previous question on a bill may be required by
language in a special rule governing consideration of the bill. The
rule may provide, for example:
That at the conclusion of general debate the previous question
shall be considered as ordered on __________ [resolution or other
proposition] to final passage without intervening motion, except one
motion to recommit.
When the House is operating under such a rule, the Chair states
the motion (``under the rule, the previous question is ordered'') and
so a motion for the previous question from the floor is unnecessary. 7
Cannon Sec. 776.
Time Certain Provisions
The motion for the previous question may not include a provision
that it is to take effect at a time certain. Such a motion may not
include a provision, for example, ``that the previous question be
considered as ordered at 5 o'clock.'' 5 Hinds Sec. 5457.
Sec. 3 . -- When in Order; Quorum Requirements
The previous question is one of those motions that is in order
under the rules of the House ``when a question is under debate.'' Rule
XVI clause 4. It is considered a fundamental rule of parliamentary
procedure, and as such it is in order even before the rules of the
House have been adopted. Deschler Ch 23 Sec. 14.1.
The motion for the previous question is in order in the House (5
Hinds Sec. 5456; 8 Cannon Sec. 2662) and in the House as in Committee
of the Whole (6 Cannon Sec. 639). See also Deschler Ch 23 Sec. 14.10.
The motion is not in order in the Committee of the Whole (4 Hinds
Sec. 4716; Deschler Ch 23 Sec. 14.8; Manual Sec. 805), but may be
moved in the House on an amendment reported from the Committee of the
Whole (Deschler Ch 23 Sec. 14.9).
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The previous question is ordered by a majority of those voting, a
quorum being present. Rule XVII. However, less than a quorum may order
the previous question on a motion incident to a call of the House. 5
Hinds Sec. 5458.
Sec. 4 . -- Who May Offer
During Debate in the House
The Member in charge of a bill has the prior right to recognition
and may move the previous question at any time during the hour
allotted to him. 8 Cannon Sec. 3231. While he has the floor he may
move the previous question and thereby cut off debate (89-1, Jan. 4,
1965, p 20), even if the effect of the motion is to terminate debate
time previously yielded to the minority (95-1, Mar. 9, 1977, p 6816).
Other Members may not interpose the previous question during such time
as the Member in charge is holding the floor (Manual Sec. 807; 2 Hinds
Sec. 1458), even though he may not yet have begun his remarks (2 Hinds
Sec. 1458). And although he may have surrendered the floor ``for
debate only,'' he is entitled to prior recognition to move the
previous question when he again regains the floor. 8 Cannon Sec. 2682.
If the Member in charge of the pending measure does not move the
previous question and loses the floor, any Member having the floor may
so move. 5 Hinds Sec. 5475. This is so even though the effect of so
moving may be to deprive the Member in charge of control of his
measure. 5 Hinds Sec. 5476; 8 Cannon Sec. 2685; Manual Sec. 807.
Proponent of Amendment
A Member holding the floor in debate may offer an amendment to the
pending proposition and move the previous question on the amendment
and on the pending proposition. 95-1, Dec. 6, 1977, p 38393. While the
previous question takes precedence over a motion to amend (Sec. 6,
infra), the proponent of an amendment, having been recognized for
debate, may not be taken from the floor by another Member who seeks to
move the previous question. Deschler Ch 23 Sec. 20.7; 90-2, May 8,
1968, p 12262. This rule is followed even though the amendment offered
is merely a pro forma amendment. 92-2, May 8, 1972, pp 16154, 16157.
However, a Member making a preferential motion to dispose of a Senate
amendment may not move the previous question on that motion as against
the right of the Member in charge to the floor. 2 Hinds Sec. 1459.
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Effect of Yielding
A Member having the floor may yield time to others for the sole
purpose of debate, and still retain the right to resume debate or move
the previous question. 8 Cannon Sec. 3383. But where the Member in
charge yields to another Member to offer an amendment to his
proposition, he loses the floor and the Member to whom yielded is
recognized for one hour and may move the previous question on the
amendment and on the measure itself. 95-1, Dec. 6, 1977, p 38393. In
other words, the Member controlling the time may not yield to another
Member to offer an amendment without losing the right to move the
previous question. Deschler Ch 23 Sec. 16.2. But the Member so
yielding may move the previous question on the pending measure
following disposition of the amendment where the proponent of the
amendment has not done so and where no other Member seeks recognition.
Deschler Ch 23 Secs. 16.3, 16.4. And a Member who yields the time to
another Member for debate may still be recognized at the end of that
time to move the previous question. Deschler Ch 23 Sec. 16.5.
If the Member controlling the floor on a measure yields to a
second Member to offer an amendment, a third Member may move the
previous question before the second Member is recognized to offer his
amendment. Deschler Ch 23 Sec. 14; Manual Sec. 807.
Sec. 5 . Precedence; Intervention of Other Matters
Generally
The motion for the previous question is privileged, and takes
precedence over another Member seeking recognition for debate
(Deschler Ch 23 Sec. 19.1) or to offer an amendment (Deschler Ch 23
Sec. 20.7). The Chair having recognized a Member in charge of a bill
for the motion for the previous question, a Member may not be
recognized to rise to a question of personal privilege. Deschler Ch 23
Sec. 17.2. However, a message from the Senate (Deschler Ch 23
Sec. 19.4) or the presentation of a conference report (5 Hinds
Sec. 6449) is in order notwithstanding the fact that the previous
question has been moved or ordered on a pending proposition.
A measure on which the previous question has been ordered takes
precedence over a special order from the Committee on Rules, even if
the special order provides for the immediate consideration of certain
business. 5 Hinds Sec. 5520.
Suspension of the Rules
The motion to suspend the rules may be entertained after the
previous question has been moved (5 Hinds Secs. 6831-6833), and is
admitted at the
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Speaker's discretion notwithstanding the ordering of the previous
question on a pending measure (5 Hinds Secs. 6827, 6833; 8 Cannon
Sec. 3418).
Sec. 6 . -- Precedence Over Other Motions
Generally
The House rule that establishes the precedence of motions when a
matter is under debate lists the motion for the previous question
after the motions to adjourn and to lay on the table. Rule XVI clause
4. The motion for the previous question must therefore yield to those
motions. 5 Hinds Sec. 5301. The same rule names the previous question
ahead of the motions to postpone, to refer, or to amend, and it is
over these motions that the motion for the previous question takes
precedence. Manual Sec. 782.
The Member in charge of a bill and having the floor may demand the
previous question notwithstanding that another Member proposes a
motion of higher privilege. 8 Cannon Sec. 2684; Manual Sec. 807.
Likewise, a Member having the floor to offer a motion may move the
previous question thereon, although another claims recognition to
offer a motion of higher privilege. Deschler Ch 23 Sec. 16.6. However,
the motion of higher privilege must be put before the question is put
on the previous question. 5 Hinds Sec. 5480; 8 Cannon Sec. 2684;
Manual Sec. 807. A Member having the floor may not exclude a
privileged motion simply by offering a motion of lower privilege and
demanding the previous question thereon. 8 Cannon Sec. 2609.
Adjournment
The motion for the previous question yields to the motion to
adjourn under the standing rules of the House. Manual Sec. 782.
However, a motion to adjourn is not in order after the previous
question has been ordered on a bill to final passage under a special
rule prohibiting any intervening motions. 4 Hinds Secs. 3211-3213.
Lay on the Table
The motion to lay on the table takes precedence over the motion
for the previous question with respect to the pending proposition. 8
Cannon Secs. 2658, 2660; Manual Sec. 782. However, the motion to table
may not be applied to the motion for the previous question itself. 5
Hinds Secs. 5410, 5411. And the motion to table is not in order after
the previous question is ordered (5 Hinds Secs. 5415-5422), or even
after the yeas and nays are ordered on the demand for the previous
question (5 Hinds Secs. 5408, 5409).
While the motion for the previous question yields to the motion to
table, if the motion to table is rejected, the question recurs on the
motion
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for the previous question which was pending when the motion to table
was offered. Deschler Ch 23 Sec. 20.1.
Referral or Recommittal
The previous question may be moved on a proposition while a motion
to refer it is pending. 8 Cannon Sec. 2678. However, the rule
authorizing the previous question specifically permits the use of a
motion to commit after the previous question has been moved or
ordered. Manual Sec. 804. See also Sec. 13, infra.
Motions to Amend
The motion for the previous question takes precedence over motions
to amend. Deschler Ch 23 Sec. 20.2; 96-1, July 24, 1979, p 20385.
Thus, the motion for the previous question takes precedence over
amendments to motions, such as a motion to recommit (Deschler Ch 23
Sec. 20.4) or to instruct conferees (Deschler Ch 23 Sec. 20.5). Of
course, if the motion for the previous question is voted down, the
pending measure is subject to amendment. But if the amendment is ruled
out on a point of order, the previous question may again be moved and
takes precedence over the offering of another amendment. Deschler Ch
23 Sec. 20.3.
Where a Member intervenes in a pending proceeding (where a motion
to dispose of a Senate amendment is pending) to make a preferential
motion to dispose of the amendment in disagreement with the Senate, he
may not move the previous question on that motion as against the right
of the Member in charge. 2 Hinds Sec. 1459; Manual Sec. 807.
Sec. 7 . Scope of Motion; Application to Particular Propositions
Generally
The House rule which permits the motion for the previous question
permits its use in a variety of legislative situations. The motion may
be sought on ``a single motion, a series of motions allowable under
the rules, or an amendment or amendments, or may be made to embrace
all authorized motions or amendments and include the bill to its
passage or rejection.'' Rule XVII clause 1 (Manual Sec. 804). The term
``bill'' as used in this rule is a generic term which includes all
legislative propositions which could properly come before the House. 5
Hinds Sec. 5572. Thus, the previous question may be moved on the
pending measure and all amendments thereto, or merely on a pending
amendment. 90-1, Jan. 10, 1967, pp 31-33; 94-2, Mar. 17, 1976, p 6789.
If not otherwise specified, the motion for the previous question
applies to all pending motions or amendments. Deschler Ch 23
Sec. 14.2.
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The motion for the previous question is generally applicable to
any pending measure or motion which is subject to debate or amendment
and has been held specifically applicable to:
The main proposition and a pending motion to refer it to a
committee. 5 Hinds Sec. 5466; 8 Cannon Sec. 2678.
A pending resolution and an amendment thereto. Manual
Sec. 806.
The question of approval of the Journal. Deschler Ch 23
Sec. 14.6.
A private bill under consideration during the call of the
Private Calendar. Deschler Ch 23 Sec. 14.5.
The question of agreeing to a report of the Committee of the
Whole that the enacting clause be stricken. 5 Hinds Sec. 5342.
Resolutions to elect Members to committees. 8 Cannon Sec. 2174.
Certain amendments to a bill (leaving the remaining amendments
open to debate and further amendment). 8 Cannon Sec. 2679.
All amendments to a bill other than a particular amendment.
Deschler Ch 23 Sec. 15.17.
A substitute amendment. 5 Hinds Sec. 5472.
Questions of privilege, such as those involving censure of
Members or impeachment. 2 Hinds Sec. 1256; 5 Hinds Sec. 5460; 8
Cannon Sec. 2672.
A motion to limit debate pending a motion to go into the
Committee of the Whole. 5 Hinds Secs. 5203, 5473.
A motion to postpone a matter to a day certain. Deschler Ch 23
Sec. 18.2.
The previous question is not applicable to, and may not be
demanded on:
A proposition which is not subject to debate or amendment (4
Hinds Sec. 3077), or which is being considered under procedure
which precludes debate or intervening motions (Deschler Ch 23
Sec. 14.12).
A proposition against which a point of order is pending. 8
Cannon Secs. 2681, 3433.
A single section of a bill. 4 Hinds Sec. 4930; Manual Sec. 806.
More than one bill at a time (except by unanimous consent). 5
Hinds Secs. 5461-5464.
A measure being considered under a motion to suspend the rules
and agree thereto. Deschler Ch 23 Sec. 14.11.
Titles and Preambles
The rules of the House permit the offering of an amendment to the
title of a bill after its passage. Manual Sec. 822. However, it has
been held that when the previous question is ordered on a bill to
final passage, the order applies also to the title of the bill,
thereby preventing its amendment. 5 Hinds Sec. 5471.
The ordering of the previous question on a pending resolution does
not cover the preamble thereto unless the proponent of the motion so
specifies.
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A motion to order the previous question on the preamble is in order
following the vote on the resolution. See 5 Hinds Sec. 5469 (note 2)
and Deschler Ch 23 Secs. 14.7, 18.4.
Senate Amendments; Conference Reports
The previous question may be applied to a motion to dispose of a
Senate amendment in disagreement, such as a motion to recede. Deschler
Ch 23 Sec. 15.6. However, a simple motion for the previous question
applies to the immediate pending proposition only and does not apply
to other pending questions. 8 Cannon Sec. 2676. Similarly, a motion
for the previous question may not be applied to a motion to agree to a
conference report and also to a motion to ask a further conference on
amendments not included in the report. 5 Hinds Sec. 5465. Likewise,
when the previous question is ordered on a motion to send a matter to
conference, it applies to that motion alone and does not extend to a
subsequent motion to instruct conferees. 8 Cannon Sec. 2675.
Incidental Questions
The previous question covers the main proposition but does not
apply to questions that arise after the previous question has been
applied and are merely incidental thereto. 8 Cannon Sec. 2687. Thus,
in one instance, it was held that the pending question applied to
certain resolutions, but not to the question of whether certain
Members should be excused from voting thereon. 5 Hinds Sec. 5467.
Sec. 8 . Debate on Motion; Consideration and Disposition
Generally
The motion for the previous question is not debatable (5 Hinds
Sec. 5301; Deschler Ch 23 Sec. 21.1; Manual Sec. 782) and cannot be
amended (5 Hinds Sec. 5754; Manual Sec. 452). It is not subject to a
motion to table (5 Hinds Secs. 5410, 5411; Manual Sec. 809) and it
cannot be postponed. 5 Hinds Sec. 5322; Manual Sec. 451. ``To change
it to tomorrow, or any other moment,'' Jefferson wrote, ``is without
example and without utility.'' Manual Sec. 452. Indeed, he felt that
it would be ``absurd'' to postpone the previous question, it being his
view that the same result could be had simply by voting against the
previous question. Manual Sec. 451.
Voting
The motion for the previous question is determined by a simple
majority vote, and may be ordered by less than a quorum on a motion
incident to a call of the House. 5 Hinds Sec. 5458. A motion for the
previous question
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on an amendment to a measure and on the measure is not divisible so as
to obtain separate votes on ordering the previous question on the two
propositions. Deschler Ch 23 Sec. 14.3. 101-2, Sept. 25, 1990, p ____.
See also Manual Sec. 806. But when the previous question is ordered on
an amendment as well as the main proposition to which it is offered,
the vote is taken first on the amendment and then immediately on the
proposition. Deschler Ch 23 Sec. 15.12. And an order for the previous
question does not preclude a demand for a division of the question and
for a separate vote on distinct substantive propositions (8 Cannon
Sec. 3173), such as a series of resolutions (5 Hinds Sec. 6149).
Withdrawal of Motion; Renewal
A Member may withdraw his motion for the previous question, if the
House has not acted thereon (94-1, Mar. 26, 1975, p 8897), and any
Member entitled to the floor thereafter may renew that motion (8
Cannon Sec. 2683). If the House acts on the motion and rejects it, the
motion may nevertheless be renewed after debate or other intervening
business. See Deschler Ch 23 Secs. 14.4, 22.17.
Vacating the Ordering of the Previous Question
The action of the House in ordering the previous question is
subject to the motion to reconsider (5 Hinds Sec. 5655; 8 Cannon
Sec. 2790) and may, by unanimous consent, be vacated. 86-2, Aug. 26,
1960, p 17869; 95-1, Oct. 6, 1977, p 32600. Thus, in one instance,
unanimous consent was granted to permit the consideration of an
amendment to a measure, even though the previous question was
operating on the measure. Deschler Ch 23 Sec. 14.13.
Sec. 9 . Effect
Generally; As Precluding Further Consideration
The adoption of the motion for the previous question by a majority
vote stops all debate, precludes the offering of amendments, and
brings the House to an immediate vote on the pending matter. Deschler
Ch 23 Secs. 15, 15.17. That is, with the exceptions discussed below
(Secs. 13, 14, infra) the House consideration of the proposition
terminates. 5 Hinds Sec. 5321. It cannot be modified, corrected, or
changed, except by unanimous consent. 5 Hinds Secs. 5482, 5485. And a
point of order against it may be ruled out as untimely. Deschler Ch 23
Sec. 15.21. The ordering of the previous question also affects the
right of a proponent to withdraw his proposal. A motion cannot
ordinarily be withdrawn once the previous question has been ordered on
it. 5 Hinds Secs. 5355, 5489.
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As Precluding Other Motions
With the exception of the motions to reconsider or to recommit
(Secs. 13, 14, infra) the ordering of the previous question precludes
the application of various motions to dispose of the pending matter,
including the motion to table (5 Hinds Secs. 5412-5422; 8 Cannon
Sec. 2655), the motion to postpone (5 Hinds Secs. 5319-5321; 8 Cannon
Secs. 2609, 2616, 2617), and a motion in the House to strike out the
enacting clause (Deschler Ch 23 Sec. 15.13).
Where a special order providing for the consideration of a matter
states that the previous question shall be considered as ordered
thereon without intervening motion, and does not simply state that the
previous question be considered as ordered after debate, the previous
question is considered as ordered from the beginning of the debate,
precluding the consideration of any intervening motion, such as the
motion to postpone. 96-2, Mar. 12, 1980, p 5388.
Sec. 10 . -- On Debate Generally
Effect of Demand
Where the previous question is moved on a proposition, no further
debate on it is in order unless the previous question is rejected when
the House votes on the motion. Deschler Ch 23 Sec. 15.1. All
incidental questions--except questions of privilege (3 Hinds
Sec. 2532)--are likewise decided without debate (5 Hinds Secs. 5448,
5449). While the Chair has on rare occasions entertained a
parliamentary inquiry following the demand for the previous question,
an inquiry directed to the Member holding the floor is in the nature
of debate and is not in order. 5 Hinds Sec. 5481. The demand precludes
further debate even on questions requiring a two-thirds vote for
passage, such as overriding a Presidential veto. Deschler Ch 23
Sec. 15.2.
Effect of Adoption
The ordering of the previous question on a proposition under
debate has the effect of terminating that debate. 5 Hinds Secs. 5443,
5444; 8 Cannon Sec. 2662. The reading of a report or other paper,
being in the nature of debate, is not in order thereafter. 5 Hinds
Secs. 5294, 5296. The proponent's right to close debate is likewise
precluded. 5 Hinds Secs. 4997-5000. Propositions on which pending
debate has been terminated by the motion include: an amendment offered
to a resolution reported by the Committee on Rules (Deschler Ch 23
Sec. 15.10), an amendment in the nature of a substitute (Deschler Ch
23 Sec. 15.11), and a motion to dispose of an amendment in
disagreement between the Houses (Deschler Ch 23 Sec. 15.8). But a
question involving the privileges of the House (3 Hinds Sec. 2532) may
intervene and may be debated
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notwithstanding the ordering of the previous question on a pending
proposition.
Effect of Special Rule Ordering the Previous Question
When a bill is reported to the House from the Committee of the
Whole pursuant to a resolution providing that the previous question
``shall be considered as ordered,'' further debate in the House is
precluded. Deschler Ch 23 Sec. 15.18. However, 10 minutes' debate on a
motion to recommit with instructions still would be in order. See
Deschler Ch 23 Sec. 15.
Sec. 11 . -- On Divided Debate
Generally
As noted elsewhere, debate is sometimes divided by rule between a
proponent and an opponent, such as under the 40-minute rule. See
Consideration and Debate. Where under a rule of the House debate time
on a motion or proposition is equally divided and controlled by the
majority and the minority, or between those in favor and those
opposed, the previous question may not be moved until the other side
has used or yielded back its time; on occasion, the Chair has vacated
the adoption of the previous question where it was improperly moved
while the other side was still seeking time. 101-1, Oct. 3, 1989, p
____.
Forty-minute Debate
An exception to the rule that the previous question cuts off
debate is found in Rule XXVII clause 3. It allows 40 minutes of debate
where the previous question is ordered on a debatable proposition
which has not in fact been debated. Manual Sec. 907. This rule was
adopted in 1880 to prevent passing measures without a word of debate,
a frequent practice prior to that time. 5 Hinds Sec. 6821. The right
to 40 minutes of debate accrues only if the previous question is in
fact ordered, not merely moved. Deschler Ch 23 Sec. 21.4. But the 40
minutes' debate time must be demanded before the House begins to vote
on the main question. 5 Hinds Sec. 5496.
The debate time under the 40-minute rule is divided between the
Member demanding the time and a Member who represents the opposing
view of the matter. Deschler Ch 23 Sec. 21.2. If, after recognition of
two Members under the 40-minute rule, it appears that both Members
favor the proposition, the Speaker may require that each yield half of
his time to those opposing the motion. 8 Cannon Sec. 2689.
The 40-minute rule stipulates that it is applicable to ``a
debatable proposition on which there has been no debate.'' Rule XXVII
clause 3 (Manual Sec. 907). If there has been any debate at all prior
to the ordering of the pre-
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vious question (5 Hinds Secs. 5499-5501), and such debate was on the
merits of the pending proposition (5 Hinds Sec. 5502), the 40 minutes
of debate permitted by the rule cannot be claimed. That time may not
be demanded on a proposition which has been debated in the Committee
of the Whole. 5 Hinds Sec. 5505. The 40-minute rule does not apply to
propositions which are themselves not debatable, such as a motion to
close debate. 8 Cannon Secs. 2555, 2690; Deschler Ch 23 Sec. 21.7.
The word ``proposition'' in the 40-minute rule refers to the bill
or other main question, and does not refer to incidental motions, such
as a motion to recommit the bill. 5 Hinds Sec. 5497. ``Debate'' means
debate on the bill or other main proposition and not on something
incidentally connected therewith, such as a concurrent resolution
correcting an error in the section numbers of the bill. 5 Hinds
Sec. 5508.
The 40 minutes of debate may be claimed where the previous
question has been moved on an amendment which has not been debated
either in the House or in the Committee of the Whole. 5 Hinds
Sec. 5503. But the 40 minutes of debate time may not be claimed with
respect to an undebated amendment if the previous question was moved
both on the undebated amendment and the main proposition, if the main
proposition has been debated. 5 Hinds Sec. 5504.
The 40-minute rule does not apply at the inception of a Congress
prior to the adoption of rules. 5 Hinds Sec. 5509; Deschler Ch 23
Sec. 21.6.
Sec. 12 . -- On Amendments
After the previous question has been moved on a proposition, it is
not subject to further amendment unless the motion is rejected by the
House. Deschler Ch 23 Sec. 15.5; 89-1, Jan. 4, 1965, p 19. If the
House agrees to the motion and thereby orders the previous question,
no further amendments to the proposition may be considered (90-1, Jan.
10, 1967, pp 31-33; 93-1, June 13, 1973, pp 19337-44), except for an
amendment coming before the House pursuant to a motion to commit with
instructions (Sec. 13, infra).
The motion for the previous question is not used in the Committee
of the Whole, but is applicable to the work product of the committee.
The previous question is an essential tool of the proponent of a
proposition. Amendments to a pending motion are precluded when the
previous question is ordered on the motion (8 Cannon Sec. 3231; 95-2,
Feb. 22, 1978, p 4074), even if the motion is not subject to debate. 5
Hinds Secs. 5473, 5490. Thus, the previous question may be applied in
the House to the nondebatable motion to limit general debate in
Committee of the Whole, in order to prevent amendment. 5 Hinds
Sec. 5473.
[[Page 666]]
Where the previous question has been ordered on a special order
reported by the Committee on Rules (Deschler Ch 23 Sec. 15.14) or on a
motion to recommit with instructions (8 Cannon Secs. 2698, 2712,
3241), amendments are precluded.
Although unanimous consent may be granted for the consideration of
an amendment even though the previous question has been ordered
(Deschler Ch 23 Sec. 14.13), the Speaker may decline to entertain
unanimous-consent requests for that purpose (Deschler Ch 23
Sec. 15.18).
Where the previous question is ordered on some amendments reported
from the Committee of the Whole, they must be disposed of before
further consideration of the remaining amendments may be had. Deschler
Ch 23 Sec. 15.19.
The foreclosure of amendments also results where the House has
adopted and is operating pursuant to a special order providing that
the previous question is ``considered as ordered.'' Deschler Ch 23
Secs. 15.15, 15.16.
Sec. 13 . Recommittal
Generally
The rule providing for the previous question authorizes the
Speaker, pending the motion for or even after the ordering of the
previous question, to entertain a motion to recommit the pending bill
to a committee. Rule XVII clause 1 (Manual Sec. 804). This provision
was adopted in 1880 so as to afford ``the amplest opportunity to test
the sense of the House as to whether or not the bill is in the exact
form it desires.'' 5 Hinds Sec. 5443.
Amendment and Debate
Contrary to the early practice (2 Hinds Sec. 1456), the opponents
of the bill are entitled to prior recognition to move to refer it to a
committee (Manual Sec. 808). The motion to commit under this rule may
be amended, as by adding instructions, unless such amendment is
precluded by moving the previous question on the motion (5 Hinds
Secs. 5582-5584; 8 Cannon Sec. 2695).
Recommittal motions with instructions commonly provide that the
committee report ``forthwith.'' If the recommittal motion is adopted,
the committee chairman immediately reports to the House in conformity
with the instructions, and the bill, as modified, is automatically
before the House again. The House votes separately on this amendment,
and this amendment is not subject to further amendment if the previous
question is ordered thereon. The previous question when ordered on the
bill and which ``triggers'' the motion to recommit, continues in force
until final disposition of the bill and is not vitiated by its
recommitment. Thus, where the previous question
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is moved on a resolution and an amendment thereto, and the House
orders it recommitted with instructions to report with an amendment
forthwith, the previous question remains operative to bar a subsequent
amendment. 8 Cannon Sec. 2677.
It has been held that the motion to recommit under Rule XVII may
not be applied solely to an amendment to a measure--that the motion
must be applied to the amendment and to the main proposition. 5 Hinds
Sec. 5573.
Recommittal Pending Final Passage
The motion to recommit a bill or joint resolution after the
previous question has been ordered on the question of final passage is
authorized by Rule XVI clause 4. Manual Sec. 782. The Committee on
Rules is precluded by Rule XI clause 4(b) from reporting a special
order which would prevent the motion to recommit from being made as so
authorized. Manual Sec. 729a. The rule prohibiting special orders that
wholly preclude the motion to recommit under Rule XVI clause 4 does
not apply to special orders restricting the recommittal of simple or
concurrent resolutions. See 100-2, May 4, 1988, p 9865. See Refer and
Recommit.
Sec. 14 . Reconsideration
The vote on the ordering of the previous question on a measure is
subject to one motion to reconsider. 5 Hinds Sec. 5655. However, a
motion to reconsider that vote may not be entertained if the House has
partially executed that order, as by voting on an amendment. 5 Hinds
Secs. 5653, 5654.
A motion to reconsider a vote on a proposition may be made after
the previous question has been demanded on the proposition (5 Hinds
Sec. 5656) or even after it has been ordered and while it is operating
(5 Hinds Secs. 5657-5662; Manual Sec. 814). Under the modern practice,
where the House votes to reconsider a proposition on which the
previous question was operating when first voted on, no debate is in
order except by unanimous consent, 96-2, May 29, 1980, pp 12663-66;
96-2, July 2, 1980, p 18356.
Sec. 15 . Rejection of Motion--As Permitting Further Consideration
Generally
The defeat of the motion for the previous question on a pending
proposition ordinarily opens up that proposition to further
consideration, amendment, and debate. Deschler Ch 23 Secs. 22.1-22.5;
90-1, Mar. 9, 1967, pp 6035-42, 6048; 91-1, Oct. 8, 1969, p 29219.
However, the rejection of the motion for the previous question on a
measure that is not subject to amendment does not open the measure to
amendment but only extends the time
[[Page 668]]
for debate thereon. 95-1, Nov. 2, 1977, p 36613. Similarly, if a
pending proposition is not debatable, but is vulnerable to an
amendment, the defeat of the previous question does not provide debate
time but only the opportunity for amendment. Deschler Ch 23 Sec. 22.8.
Motions
The rejection of the previous question opens up the pending
proposition to further consideration and amendment where the pending
proposition is a motion, such as a motion to instruct conferees
(Deschler Ch 23 Sec. 22.12), a motion to recede and concur in a Senate
amendment (Deschler Ch 23 Sec. 22.13), or to a motion to recommit a
conference report (Deschler Ch 23 Sec. 22.16). But the voting down of
the previous question on a conference report merely extends the time
for debate and does not afford an opportunity to amend the report.
Deschler Ch 23 Sec. 22.15.
Sec. 16 . -- As Affecting Recognition
If the previous question is voted down on a proposition,
recognition passes to an opponent of the proposition. Deschler Ch 23
Secs. 23.1, 23.5. Thus, the previous question on a resolution being
voted down, the Speaker may recognize a Member opposed to the
resolution (Deschler Ch 23 Secs. 23.2, 23.5), who may offer an
amendment and be recognized for one hour (96-1, June 13, 1979, pp
14650, 14651). The recognition of the Member is not precluded by the
fact that he has been previously recognized to offer an amendment.
Deschler Ch 23 Sec. 23.4.
The practice of bestowing recognition on a Member ``leading the
opposition'' upon rejection of the previous question is applied to a
resolution from the Committee on Rules (Deschler Ch 23 Sec. 23.6) and
to a motion to instruct conferees (Deschler Ch 23 Sec. 23.7).
In recognizing one of the leaders of the opposition when the
previous question is rejected, the Chair gives preference to a Member
of the minority if he actively opposed ordering the previous question.
Deschler Ch 23 Sec. 23.1. But where no minority member so qualified
seeks recognition, a majority member who opposed the previous question
on the pending proposition may be recognized. Deschler Ch 23
Sec. 23.8.
Sec. 17 . Effect of Adjournment When Previous Question Pending
If the House adjourns without voting on a proposition on which the
previous question has been ordered, the question comes up on the next
legislative day. 8 Cannon Secs. 2693, 2694; Deschler Ch 23
Secs. 15.22, 24.2. The proposition is taken up as unfinished business
(Deschler Ch 23 Sec. 24.2) imme-
[[Page 669]]
diately after disposal of business on the Speaker's table (5 Hinds
Secs. 5510-5517; 8 Cannon Sec. 2674). Bills coming over from a
previous day with the previous question ordered thereon have
precedence in the order in which the several motions for the previous
question were made. 5 Hinds Sec. 5518. A proposition coming over from
the preceding day with the previous question ordered thereon has been
held to take precedence over a motion for the disposition of a veto
message from the President (8 Cannon Sec. 2693) and takes precedence
over a motion to go into the Committee of the Whole for the
consideration of a bill privileged by special order (8 Cannon
Sec. 2674). Generally, see Unfinished Business.