[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 1.  Assembly of Congress]
[A. Meeting and Organization]
[Â§ 1. In general; Law Governing]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 5-7]
 
                               CHAPTER 1
 
                          Assembly of Congress
 
                      A. MEETING AND ORGANIZATION
 
Sec. 1. In General; Law Governing



    An understanding of the body of procedure through which the United 
States House of Representatives fulfills its functions and exercises 
its prerogatives must be based, in the beginning, on a comprehension of 
how the Congress comes together, and of the methods through which it 
arrives at an organizational structure and at a body of rules to govern 
its proceedings.
    This chapter is principally confined to the specific steps and 
principles of procedure which apply to the initial organization of the 
House of Representatives. The discussion is chronological, following 
the progression which the House itself follows at organization. 
Although this chapter focuses on circumstances indigenous to the 
organization of a new Congress, parallels are drawn to the mode of 
operation at the start of new sessions during a term of Congress as 
well.
    This chapter discusses the general law which governs the House as 
soon as it has come together, but before organization has been 
consummated, the provisions of law directing the assembly of Congress, 
and the steps of organization which occur at the convening of Congress. 
The four types of ``assembly,'' and their relationship to the sessions 
of Congress, are described, as are the time and place at which Congress 
meets both at assembly and during sessions.
    The first division of this chapter sets forth, schematically, the 
various organizational steps, including the election of the Speaker, 
and describes the proceedings over which he presides in completing 
organization. The functions and authority of the Speaker and of the 
other officers of the House at the opening of Congress are detailed.
    The second division deals with the principles of organizational 
proceedings, before and after standing rules have been adopted. The use 
of motions, miscellaneous floor procedure, and the consideration and 
passage of bills and resolutions during the organizational period are 
covered, as well as the
                         
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procedure and substantive law relating to the adoption of the rules 
themselves. How the House resumes business, and what business is 
resumed, is likewise included.
    A word first is in order about the general body of procedural law 
which governs the House during the period of organization. It is a 
general principle that in the absence of the adoption of rules of 
procedure and in the absence of statutory regulation, a public 
deliberative body is governed by the generally accepted rules of 
parliamentary procedure.(1) In the House of Representatives, 
however, the general parliamentary law applicable is that body of 
parliamentary law generally based upon precedents and rules of past 
Houses.(2) Obsolete provisions of Jefferson's Manual, 
inconsistent with the prevailing practice of the House, do not 
apply.(3)
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 1. See 59 Am Jur 2d Parliamentary Law Sec. 3. The general rules of 
        parliamentary procedure applicable to any membership 
        organization have been variously described as: those treating 
        participants with fairness and good faith, Re Election of 
        Directors of Bushwick Sav. & Loan Assoc., 189 Misc. 316, 70 
        N.Y.S. 2d 478 (1947); those used by all American deliberative 
        assemblies, Theofel v Butler, 134 Misc. 259, 236 N.Y.S. 81, 
        affd. 227 App. Div. 626, 235 N.Y.S. 896 (1929).
            Collateral references: George S. Blair, American 
        Legislatures; Structure and Process, Harper and Row (N.Y., 
        1967). Lewis A. Froman, Jr., ``Organization Theory and the 
        Explanation of Important Characteristics of Congress,'' 62 
        American Political Science Review 518-562 (June, 1968). Guide 
        to the Congress of the United States, Congressional Quarterly, 
        Inc. (Wash., D.C. 1971). Paul Riddick, The United States 
        Congress Organization and Procedure, National Capitol 
        Publishers (Manassas, Va. 1949).
 2. See House Rules and Manual Sec. 60 (comment) (1973). See also 5 
        Hinds' Precedents Sec. Sec. 6758-63; 8 Cannon's Precedents 
        Sec. Sec. 3383-86.
 3. See 5 Hinds' Precedents Sec. Sec. 6757, 6761-63. Rule XLII, House 
        Rules and Manual Sec. 938 (1973) provides for the application 
        of Jefferson's Manual to House procedure where not inconsistent 
        with standing rules.
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    Past rules from a prior Congress may be relied upon to admit 
certain motions before the adoption of rules,(4) and those 
relating to organization procedures, though technically inapplicable, 
exert persuasive effect.(5) This is
                         
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not to infer, however, that past rules are generally 
controlling.(6) A rule of a past Congress assuming to 
control a future House as to rules at organization is not 
binding,(7) and a statutory enactment incorporated into the 
rules of a preceding Congress and enacted under the rule-making power 
of the House and Senate has no effect in a new Congress until expressly 
adopted.(8)
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 4. For example, the motion to recommit was admitted before the 
        adoption of rules on Dec. 7, 1931, 71 Cong. Rec. 12, 72d Cong. 
        1st Sess. (Speaker John N. Garner), because it was within the 
        ``spirit'' of the rules of the preceding Congress (see 
        Sec. 9.5, infra).
 5. Rule II (election of officers and administration of oath to them), 
        Sec. 635, and Rule III clause 1 (duties of Clerk at 
        commencement of new Congress), Sec. 637, House Rules and Manual 
        (1973), prescribe the procedure at organization which is 
        generally followed, although the rules are not technically in 
        force at that time.
 6. See, e.g., 5 Hinds' Precedents Sec. Sec. 5590, 5604.
 7. 5 Hinds' Precedents Sec. Sec. 6765-66.
 8. The requirements of the Legislative Reorganization Act of 1970, 
        Pub. L. No. 91-510, 84 Stat. 1140, incorporate as an exercise 
        of the rule-making power into the rules of the 91st Congress, 
        were ruled not applicable to the proceedings of the 92d 
        Congress before the adoption of rules. 117 Cong. Rec. 132, 92d 
        Cong. 1st Sess., Jan. 22, 1971 (Speaker Carl Albert, Okla.) 
        (see Sec. 12.9, infra).
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