[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 1.  Assembly of Congress]
[A. Meeting and Organization]
[Â§ 4. Place of  Meeting]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 25-32]
 
                               CHAPTER 1
 
                          Assembly of Congress
 
                      A. MEETING AND ORGANIZATION
 
Sec. 4. Place of Meeting

    A constitutional provision relating to the location of the meetings 
of Congress (article I, section 5, clause 4) requires that either House 
obtain the consent of the other to sit in ``any other Place than that 
in which the two Houses shall be sitting.'' However, in none of its 
provisions does the Constitution direct where the annual assembly under 
the twentieth amendment is to take place.(10)
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10. A general rule of statutory construction is that the acts of a 
        legislative body meeting at an unauthorized place may be 
        invalidated. Sutherland, Statutes and Statutory Construction 
        Sec. 401 (3 ed. 1943). Federal courts do not, however, 
        generally question the regularity of the proceedings of 
        Congress. Barry v U.S. ex rel Cunningham, 279 U.S. 597, 619 
        (1929); Yellin v U.S., 374 U.S. 109, 146 (1963).
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    Congress has appointed by statute a seat of the federal government 
for the location of public offices and for the place of its meetings. 
Congress has affirmed its authority, as an attribute of national 
sovereignty, to establish a permanent seat of 
government,(11)
                         
[[Page 26]]

to change the seat of government,(12) and to permit the 
President to remove public offices or Congress itself under specified 
conditions.(13)
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11. See the Act of Mar. 3, 1790, Ch. 28, 1 Stat. 30, establishing the 
        seat in the District of Columbia and locating it temporarily in 
        Philadelphia. 4 USC Sec. Sec. 71-72 now locates the permanent 
        seat of government in the District.
12. Act of Mar. 3, 1790, Ch. 28, 1 Stat. 30. See also the post-Civil 
        War debates on the authority of Congress to remove the seat of 
        government, 28 Annals of Cong. 346-75, 13th Cong. 3d Sess., 
        Oct. 5-6, 1814.
13. The President is authorized under 2 USC Sec. 27 to convene Congress 
        elsewhere than the seat of government in the case of contagious 
        disease or other hazardous conditions. He may also remove all 
        public offices from the seat of government in the event of 
        disease. 4 USC Sec. 73. The Sixth Congress authorized the 
        President by the Act of Apr. 24, 1800, Ch. 37, 2 Stat. 55, to 
        accelerate preparations for the establishment of the seat of 
        government in the District of Columbia.
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    Congress therefore convenes for an opening session at the place 
determined by law to be the seat of government. The first two sessions 
of the First Congress assembled in New York City pursuant to a 
resolution of the Continental Congress.(14) By the Act of 
Mar. 3, 1790, the First Congress provided for the permanent seat of 
government to be located in the District of Columbia as of December 
1800, and designated Philadelphia as the interim seat between 1790 and 
1800.(15) Since Nov. 17, 1800, the opening of the second 
session of the Sixth Congress, Congress has met in Washington, 
D.C.,(16) although there was extended debate after the War 
of 1812 on a Senate bill to move the seat of government 
elsewhere.(17)
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14. Resolution of Sept. 13, 1788, 4 Journal of Continental Congress 866 
        (1823 ed.), cited at 3 Hinds' Precedents Sec. 3.
15. Ch. 28, 1 Stat. 30.
16. Congress had originally provided to begin meeting in the District 
        of Columbia on the first Monday in December, 1800. Act of Mar. 
        3, 1790, Ch. 28, Sec. 6, 1 Stat. 30. By the Act of May 13, 
        1800, Ch. 67, 2 Stat. 85, the effective date was moved forward 
        to the third Monday in November, Nov. 17, 1800. On that date a 
        quorum of the House was not present in Washington and the House 
        adjourned to begin legislative business on Nov. 18. 10 Annals 
        of Cong. 782, 6th Cong. 2d Sess.
17. 28 Annals of Cong. 346-75, 13th Cong. 3d Sess., Oct. 5-6, 1814. The 
        Senate bill was defeated in the House.
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    Although the Congress has had but three seats of government, it has 
occupied numerous structures or buildings. The New York and 
Philadelphia Chambers were located in public halls,(18) and 
Con
                         
[[Page 27]]

gress has frequently been forced to vacate the Capitol building in 
Washington due to repairs. Since 1800, the longest period during which 
Congress has absented itself from the Capitol building was because of 
the War of 1812, when the British Army nearly destroyed the Capitol by 
fire.(19) For over a year following the war, Congress sat in 
a makeshift Chamber located in another public building appointed by 
Presidential proclamation for the use of Congress.(20) For 
another five years both Houses sat at a temporary Capitol built on 
Capitol Hill by private citizens for the express use of 
Congress,(1) and leased by the federal 
government.(2) On three occasions during the 20th century, 
the House and the Senate have vacated their respective Chambers in the 
Capitol building pending repairs or remodeling.(3) Although 
the Senate remained during those periods within the Capitol, occupying 
the former Supreme Court Chamber,(4) the House moved across 
the street to the caucus room of the New House Office 
Building.(5) Neither the House nor the Senate construed 
those temporary shifts in the place of meeting, which altered the 
structural location but
                         
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not the place of the seat of government, to require the consent of the 
other House.(6) Therefore, a simple House resolution 
suffices to adjourn the House to meet in another structure at the seat 
of government.(7)
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18. In New York City the Congress sat in Federal Hall, Broad and Wall 
        Streets, and in Philadelphia it occupied Congress Hall, 6th and 
        Chestnut. Guide to the Congress of the United States 370 
        (1971), Congressional Quarterly, Inc.
19. Guide to the Congress of the United States 373 (1971), 
        Congressional Quarterly, Inc.
20. A Presidential message appointed the ``public building heretofore 
        allotted for the Post and other public offices.'' 28 Annals of 
        Cong. 10, 13th Cong. 3d Sess., Sept. 19, 1814 (message dated 
        Sept. 17, 1814).
 1. See 29 Annals of Cong. 10 14th Cong. 1st Sess., Dec. 4, 1815.
 2. Act of Dec. 8, 1815, Ch. 1, 3 Stat. 251 (authorizing the President 
        to lease the new building on Capitol Hill pending repairs to 
        the Capitol building).
 3. The first occasion lasted from Nov. 22, 1940, 86 Cong. Rec. 13715, 
        76th Cong. 3d Sess., until Jan. 2, 1941. See the letter of Mr. 
        David Lynn, Architect of the Capitol, at 13715, recommending 
        that the entire roof construction over both Chambers be taken 
        down and replaced by modern fire-proof construction. From July 
        1, 1949, to Jan. 2, 1950, Congress once again left its Chambers 
        pending repairs. See House resolution, June 28, 1949, 90 Cong. 
        Rec. 8571, 81st Cong. 1st Sess. The last period of repairs 
        requiring the removal of the House lasted from Sept. 1, 1950 to 
        Jan. 1, 1951. See House resolution returning the House to its 
        Chamber, Dec. 28, 1950, 96 Cong. Rec. 17021-22, 81st Cong. 2d 
        Sess.
 4. See, e.g., Senate resolution of Nov. 22, 1940, 86 Cong. Rec. 13709, 
        76th Cong. 3d Sess.
 5. See, e.g., House resolution of June 28, 1949, 95 Cong. Rec. 8571, 
        81st Cong. 1st Sess.
 6. See Sec. 4.1, infra. Compare the remarks of Mr. Clare E. Hoffman 
        (Mich.), at 90 Cong. Rec. 11683, 81st Cong. 1st Sess., Aug. 17, 
        1949, contending that the House was not a competent, legal 
        tribunal since it was sitting in the caucus room without having 
        obtained prior Senate consent. Mr. Hoffman argued in his 
        remarks that the ``over-whelming weight of legal authority . . 
        . is to the effect that, as to courts and legislative bodies, 
        the word 'place' cannot be stretched to cover the territorial 
        limits of the city, township, county, or state.'' He concluded 
        that a joint resolution was required to ratify the otherwise 
        ultra vires action of the House.
 7. A simple House resolution provided for the removal of the House 
        from the old Chamber to the new Hall in the south wing of the 
        extension of the Capitol on Dec. 14, 1857. 5 Hinds' Precedents 
        Sec. 7271.
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    On occasion the House provides for meetings elsewhere than in its 
Chamber for reasons other than repair. Joint meetings may be held in 
the Senate Chamber,(8) and informal meetings may be held in 
other facilities, such as the Library of Congress.(9) Those 
types of assemblies, as well as ceremonies and processions held outside 
the House Chamber,(10) do not usually constitute official 
sessions of the House,(11) which stands in recess in order 
to attend.(12) The House is, however, officially in session 
for inaugural ceremonies at the east front of the Capitol, as reflected 
by the traditional form of the resolution to participate in inaugural 
ceremonies.(13)
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 8. For attendance of the House in the Committee of the Whole at 
        impeachment proceedings in the Senate Chamber, see 3 Hinds' 
        Precedents Sec. 2351. See Ch. 36, infra, for joint meetings.
 9. See Sec. Sec. 4.3-4.5, infra.
10. The House does not attend ceremonies outside the Capitol building 
        as an organized body. 5 Hinds' Precedents Sec. Sec. 7061-64. 
        The House has discussed but not settled the question as to its 
        power to compel a Member to attend an occasion of ceremony 
        outside the Hall. 2 Hinds' Precedents Sec. 1139.
11. Rule XXXI, House Rules and Manual Sec. 918 (1973), requires that 
        the Hall of the House be used only for legislative business and 
        caucus meetings, except where the House by resolution agrees to 
        participate in ceremonies therein. Rule XXIX, House Rules and 
        Manual Sec. 914 (1973), provides for secret sessions to be held 
        in the Hall of the House.
12. For an instance where the House attended funeral services in the 
        Senate Chamber without an adjournment or recess, see 5 Hinds' 
        Precedents Sec. 7045.
13. See Sec. 4.7, infra.

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Meeting in a Structure Other Than the Capitol

Sec. 4.1 The House may, without the consent of the Senate, provide for 
    a meeting of the House in the caucus room of a House office 
    building without violating the constitutional prohibition against 
    meeting in another place without the consent of the other House.

    On Aug. 17, 1949,(14) Mr. Clare E. Hoffman, of Michigan, 
stated a point of order, as follows;
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14. 95 Cong. Rec. 11651, 81st Cong. 1st Sess.
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        Mr. Hoffman: Mr. Speaker, I make a point of order. My point of 
    order is that inasmuch as the House is now sitting in the committee 
    room of the Ways and Means Committee in the New House Office 
    Building and that the Senate has not consented to the action which 
    the House took some time previously, the House is not a competent, 
    legal tribunal, qualified under the Constitution to act. I want to 
    be heard.
        The Speaker:(15) The Chair is ready to rule. The 
    Chair overrules the point of order.
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15. Sam Rayburn (Tex.).
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        Mr. Hoffman: May I not cite the provision of the Constitution?
        The Speaker: The Chair is ready to rule and has ruled on that 
    question four times.(16) The Chair does not desire to 
    hear the gentleman on the point of order.
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16. The Speaker had ruled on Aug. 1, Aug. 2, Aug. 4, and Aug. 5, 1949, 
        that the House was legally in session despite the provisions of 
        the Legislative Reorganization Act of 1946, Ch. 753, Sec. 132, 
        60 Stat. 812, requiring adjournment by the end of July; he 
        based his ruling on the decision that a continually existing 
        national emergency precluded the operation of the Legislative 
        Reorganization Act. 95 Cong. Rec. 10486, 10591, 10777, 10858, 
        81st Cong. 1st Sess. See also Sec. 3.7, supra.
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        Mr. Hoffman: May I cite the section?
        The Speaker: The gentleman may extend his remarks to do 
    that.(17)
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17. Mr. Hoffman's extension of remarks, at 95 Cong. Rec. 11683, 81st 
        Cong. 1st Sess., proposed that the term ``place'' in art. I, 
        Sec. 5, clause 4 of the Constitution could not be stretched to 
        include the territorial limits of a city, and that Senate 
        consent was required for the House to sit as an authorized 
        tribunal in the caucus room of the House office building.
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Sec. 4.2 A resolution is necessary to authorize the House to resume 
    sitting in its Chamber after sitting in another structure.

    On Dec. 28, 1950,(18) Mr. Albert Thomas, of Texas, 
offered a resolution to adjourn, as follows:
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18. 96 Cong. Rec. 17021-22, 81st Cong. 2d Sess.
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        Mr. Thomas: Mr. Speaker, I ask unanimous consent for the 
    immediate consideration of House Resolution 894.
                         
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        The Clerk read the resolution, as follows:

            Resolved, That when the House adjourns Thursday, December 
        28, 1950, it adjourn to meet on Monday, January 1, 1951, at 12 
        o'clock meridian in the Hall of the House.

        The Speaker pro Tempore:(19) Is there objection to 
    the request of the gentleman from Texas?
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19. Wilbur D. Mills (Ark.).
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        Mr. Arends:(20) Reserving the right to object, Mr. 
    Speaker, will the gentleman explain the resolution to the House? I 
    am sure we are interested in it.
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20. Mr. Leslie C. Arends (Ill.).
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        Mr. Thomas: This resolution simply makes it legal for the House 
    to move back into the Hall of the House, in the Capitol. It will be 
    ready Monday.

The House agreed to the resolution.

Secret Meetings

Sec. 4.3 An off-the-record meeting on war progress has been ruled not 
    an executive session of the House required to be held in the House 
    Chamber.(1)
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 1. Compare Rule XXIX, House Rules and Manual Sec. 914 (1973) which 
        provides for secret sessions to be held in the House Chamber.
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    On Oct. 18, 1943,(2) Majority Leader John W. McCormack, 
of Massachusetts, announced that the Members of the House would meet 
with the Chief of Staff of the Army and other generals in the 
auditorium of the Library of Congress, for an off-the-record meeting of 
the status of the war. Mr. John E. Rankin, of Mississippi, then 
addressed the Speaker as follows:
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 2. 89 Cong. Rec. 8433, 78th Cong. 1st Sess.
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        Mr. Rankin: Mr. Speaker, If I remember correctly, the statement 
    of the gentleman is that this would be an executive session?
        Mr. McCormack: Yes.
        Mr. Rankin: Now, if we are going to hold executive sessions of 
    the House, there is only one place that we are authorized by law to 
    hold them, and that is in this Hall.

        Mr. McCormack: This is not an executive session of Congress.
        Mr. Rankin: It is going to be a secret session, and it ought to 
    be, and it ought to be held in the Hall of the House of 
    Representatives.
        Mr. McCormack: This is not an executive session of Congress.
        Mr. Rankin: It is unnecessary for the Congress of the United 
    States to be going off to some other building to hear these leaders 
    report on the war when we have the Hall of the House of 
    Representatives built and equipped for that purpose.

        Will not the gentleman modify his request to have that meeting 
    here in this Hall?
        The Speaker:(3) The Chair would not recognize the 
    gentleman for that purpose and the gentleman would not make such a 
    request.
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 3. Sam Rayburn (Tex.).
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        The time of the gentleman has expired.
                         
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Sec. 4.4 The Majority Leader of the House, in setting the time of a 
    secret briefing of Members of Congress, did not state the place of 
    meeting, where the place was to be kept confidential.

    On Jan. 23, 1945,(4) Speaker Sam Rayburn, of Texas, 
recognized Majority Leader John W. McCormack, of Massachusetts, to make 
the following announcement:
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 4. 91 Cong. Rec. 435, 79th Cong. 1st Sess.
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        Mr. Speaker, I desire again to announce to the Members of the 
    House that there will be a meeting held tomorrow morning at 9 
    o'clock. . . .
        I am sure it will be a meeting we will all be pleased to attend 
    as General Marshall and Admiral King will be there. I am unable to 
    say who else will he there but these two outstanding leaders of our 
    armed forces will be there to speak to us, as I have said, in an 
    off-the-record discussion.

    Parliamentarian's Note: The Members of the House were asked to keep 
the place of the meeting secret; it was held in the Coolidge Auditorium 
of the Library of Congress. The meeting, which dealt with the progress 
of the war, was attended by 316 House Members, the Commissioners from 
the Philippines and from Puerto Rico, the Delegate from Alaska, and 60 
Members of the Senate.

Joint Meetings and Ceremonies Outside the House Chamber

Sec. 4.5 The Majority Leader of the House announced an informal joint 
    meeting of the Members of the two Houses, to be held in the Library 
    of Congress.

    On May 23, 1950,(5) Majority Leader John W. McCormack, 
of Massachusetts, announced that on Wednesday next, May 31, 1950, the 
Members of the House would meet informally at the auditorium of the 
Library of Congress to hear Secretary of State Dean Acheson in 
connection with the meetings of the foreign ministers of the Atlantic 
Pact countries. The Speaker was authorized to declare a recess subject 
to the call of the Chair on Wednesday, May 31.
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 5. 96 Cong. Rec. 7561, 81st Cong. 2d Sess.
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Sec. 4.6 A joint meeting has been held in the Senate Chamber pursuant 
    to an informal Senate invitation to the House, the unexpectedness 
    of a guest's arrival precluding formal arrangements.

    On Dec. 26, 1941,(6) the Speaker pro tempore, William P. 
Cole, Jr.,
                         
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of Maryland, made the following announcement:
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 6. 87 Cong. Rec. 10119, 77th Cong. 1st Sess.
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        . . . On Wednesday last the majority leader of the Senate 
    informed the Chair that he had, in the name of the Senate, extended 
    an invitation to the Right Honorable Mr. Winston Churchill, Prime 
    Minister of Great Britain, to attend the session of the Senate 
    today at 12:30 o'clock p.m. and address them. Senator 
    Barkley,(7) on behalf of the Senate, asked me to extend 
    to the Members of the House an invitation to be present in the 
    Senate Chamber today at that time to hear the Prime Minister. Owing 
    to the shortness of the time, it was found impossible to make any 
    formal arrangements. The Chair has informally accepted for the 
    House the invitation of Senator Barkley, and those Members of the 
    House who wish to hear the Prime Minister will form in line in the 
    middle aisle, after the present occupant of the chair and the 
    majority and minority leaders, and proceed to the Senate Chamber.
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 7. Sen. Alben W. Barkley (Ky.).

The House then recessed to attend the joint meeting in the Senate 
Chamber.

Sec. 4.7 Pursuant to resolution, the House stands in session while 
    attending the inaugural ceremonies on the east front of the 
    Capitol.

    On Jan. 16, 1961,(8) the House agreed to the following 
resolution, offered by Mr. John W. McCormack, of Massachusetts:
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 8. 107 Cong. Rec. 730, 87th Cong. 1st Sess.
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        Resolved, That when the House adjourns on Wednesday, January 
    18, 1961, it stand adjourned until 11 a.m. Friday, January 20, 
    1961; that upon convening at that hour the House proceed to the 
    east front of the Capitol for the purpose of attending the 
    inaugural ceremonies of the President and Vice President of the 
    United States; and that upon the conclusion of the ceremonies the 
    House stand adjourned until Monday, January 23, 1961.