[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 1.  Assembly of Congress]
[A. Meeting and Organization]
[Â§ 7. Business Under Speaker as Presiding Officer]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 42-49]
 
                               CHAPTER 1
 
                          Assembly of Congress
 
                      A. MEETING AND ORGANIZATION
 
Sec. 7. Business Under Speaker as Presiding Officer

    After the Speaker has been elected and sworn at the beginning of a 
new Congress, he presides over the completion of all organizational 
business.(12) The three most important stages that remain 
after the election of the Speaker, and which are required by the 
Constitution, are the administration of the oath to Members-
elect,(13) the election of officers,(14) and the 
adoption of the rules of the House.(15) Another essential 
step which the Speaker takes, although not required by the 
Constitution, is the administration of the oath of office to the Clerk 
and to the other officers of the House.(16) There are 
various
                         
[[Page 43]]

other necessary orders of business which take place before organization 
is finished, such as notification to the Senate and to the President of 
the assembly of the House,(17) provision for a joint session 
to hear the President,(18) and adoption of standing 
orders.(19)
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12. See Sec. 7.1, infra.
13. U.S. Const. art. VI, clause 3. For detailed analysis, see Ch. 2, 
        infra.
14. U.S. Const. art. I, Sec. 2, clause 5. See Ch. 6, infra.
15. U.S. Const. art. I, Sec. 5, clause 2. See Sec. 10, infra.
16. 2 USC Sec. 25 requires the administration to the Clerk of the oath 
        to support the Constitution of the United States. Rule II, 
        House Rules and Manual Sec. 635 (1973) provides for Clerk, 
        Sergeant at Arms, Doorkeeper, Post Master, and Chaplain to take 
        the oath to support the Constitution; although not binding at 
        organization, the law and rule exert persuasive effect upon the 
        administration of that oath to the officers. The rule also 
        provides for an oath of secrecy to be taken by the officers of 
        the House, but this requirement has faded into obsolescence. 1 
        Hinds' Precedents Sec. 187.
17. See 1 Hinds' Precedents Sec. 198 and Sec. 7.1, infra.
18. U.S. Const. art. II, Sec. 3, provides for the President to give to 
        the Congress from time to time information on the state of the 
        Union and to recommend measures. Up to 1801 the President made 
        a speech to Congress upon its assembly, but between 1801 and 
        1913 messages were sent in writing, 5 Hinds' Precedents 
        Sec. 6629. The practice of an oral state of the Union message 
        at assembly has been followed since 1913 to the present, with 
        several exceptions. 8 Cannon's Precedents Sec. 3333. No 
        Presidential message was delivered at the opening of the 93d 
        Congress, but the President transmitted his intention to send 
        messages from time to time to the Congress. See, in general, 
        Ch. 35, infra.
19. The only standing order commonly used is that to fix the hour of 
        daily meeting; see Sec. 3, supra.
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    Swearing in the Members, electing the officers, and adopting the 
rules are only mentioned here, as these topics are dealt with elsewhere 
in this work. It should be briefly stated, however, that the Speaker's 
authority in presiding over those procedural steps is carefully 
restricted by precedent: he possesses no arbitrary power to administer 
the oath, and must ask a Member-elect to step aside if his right to 
take the oath is challenged;(20) a majority vote is required 
for the election of officers,(1) who are usually chosen by 
resolution and not by the viva voce vote suggested by Rule II of the 
House Rules and Manual;(2) in proceeding to the adoption of 
rules, the House is governed by general parliamentary law, with weight 
given to the precedents and usages of past Congresses.(3) 
There is, in addition, a traditional sequence of organizational busi
                         
[[Page 44]]

ness which the House follows, although minor variations have been 
permitted in past Congresses.(4)
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20. See Ch. 2, infra.
 1. See Ch. 6, infra.
 2. House Rules and Manual Sec. 635 (1973). If the officers are elected 
        before the adoption of rules, as is the usual practice, Rule 
        II, requiring a viva voce vote, is not followed (see Sec. 7.1, 
        infra). If elected after adoption of rules, the officers may be 
        chosen by resolution if no objection is made. 1 Hinds' 
        Precedents Sec. Sec. 191-96.
 3. See 5 Hinds' Precedents Sec. Sec. 6758-60. See also, in general, 
        Sec. 10, infra.
 4. The sequence of organizational steps, which appears at Sec. 7.1, 
        infra, is derived both from custom (see 1 Hinds' Precedents 
        Sec. 81) and from statute. ``At the first session of Congress 
        after every general election of Representatives, the oath of 
        office shall be administered by any Member of the House of 
        Representatives to the Speaker; and by the Speaker to all the 
        Members and Delegates present, and to the Clerk, previous to 
        entering on any other business. . . .'' 2 USC Sec. 25. For 
        rulings upholding the priority of the swearing in of Members 
        and the election of the Clerk before adoption of the rules or 
        other business, based upon the Act of June 1, 1789, Ch. 1, 
        Sec. 2, 1 Stat. 23 (the former version of 2 USC Sec. 25, whose 
        1948 amendments left untouched the language above), see 1 
        Hinds' Precedents Sec. Sec. 130, 140, 180, 237, 241, 243; 5 
        Hinds' Precedents Sec. Sec. 6647-49. For occasions where 
        variations were upheld, see: 1 Hinds' Precedents Sec. Sec. 242, 
        244 (business transacted before election of the Clerk); 1 
        Hinds' Precedents Sec. Sec. 93, 245 (rules adopted before 
        election of the Clerk); 1 Hinds' Precedents Sec. Sec. 198-203, 
        240 (in the practice of early Congresses, the Senate and the 
        President were informed of the organization of the House and 
        election of the Speaker before the election of the Clerk); 6 
        Cannon's Precedents Sec. 24 (procedure for adoption of rules 
        presented before the election of the Speaker).
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    Besides initiating organizational steps enumerated above, the 
Speaker has other related duties to perform.(5) He relays to 
the House information from the Speaker of the preceding Congress on 
official actions taken during the adjournment sine die, such as 
appointments to commissions, certification to the U.S. Attorney of 
contempt cases arising in committees of the preceding Congress, 
resignations effective during adjournment, and communications from 
foreign governments received during adjournment.(6) In 
addition, recesses have been declared by the Speaker during 
organization, without a motion being put.(7)
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 5. One of the informal functions of the Speaker has been control of 
        press coverage on the opening day of a session. See, e.g., 92 
        Cong. Rec. 20, 79th Cong. 2d Sess., Jan. 15, 1946.
 6. See Sec. Sec. 7.7-7.10, infra.
 7. See Sec. Sec. 7.2, 7.3, infra.
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    At the opening day of a new session of the same Congress, the 
Speaker similarly presides over organization, which consists primarily 
of ceremonial and informational activities.(8) As Members 
have already been sworn, rules have already been adopted, and officers 
have been elected, the Speaker merely lays before the
                         
[[Page 45]]

House letters of resignations effective during adjournment and then 
ascertains the presence of a quorum.(9) The Senate and the 
President are notified of the assembly of the House, and a joint 
session is fixed for the receipt of the Presidential message. Standing 
orders of the first session must be renewed.(10)
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 8. For the procedure, in general, see Sec. Sec. 7.5, 7.6, infra.
 9. See Sec. 7.5, infra.
10. Standing orders expire with the session. Jefferson's Manual, House 
        Rules and Manual Sec. 386 (1973).
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    If the Speaker is to be absent on the day set for the convening of 
a consecutive session of the same Congress, the House may be called to 
order by a Speaker pro tempore if the Speaker has designated one for 
that specific purpose.(11)
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11. See Sec. 7.4. If a Speaker pro tempore has not been designated, the 
        Clerk calls the House to order in the Speaker's absence. 1 
        Hinds' Precedents Sec. 227.
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Organizational Steps With Speaker Presiding

Sec. 7.1 Following the election of the Speaker at the opening of a new 
    Congress, he presides over the following organizational steps in 
    sequence: administration of the oath to Members-elect; election of 
    officers and administration of oath to them; passage of resolution 
    to notify the Senate of a quorum in the House; passage of 
    resolution authorizing the Speaker to appoint a committee to notify 
    the President of Congress' assembly; report of that committee, 
    informing the House of the time of the Presidential message; 
    passage of concurrent resolution for a joint session to hear the 
    President; adoption of the rules of the House; passage of 
    resolution fixing the daily hour of meeting.

    On Jan. 10, 1967,(12) after the House had elected John 
W. McCormack, of Massachusetts, Speaker, he swore in the Members-elect 
all at one time, directing those whose right to be sworn was challenged 
to step aside. After debate on the swearing in of a challenged Member, 
the House elected by resolution the Clerk, Sergeant at Arms, 
Doorkeeper, Post Master, and Chaplain, who were all administered the 
oath of office by the Speaker. There were then passed three 
resolutions, one to notify the Senate of the organization of the House, 
one to appoint a committee to notify the President of the assembly of 
Con
                         
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gress, and one to notify the President of the election of the Speaker 
and the Clerk of the House. A resolution to adopt the rules of the 
preceding Congress was offered, and the House passed the resolution, 
with an amendment. After resignations were laid before the House, a 
resolution was passed fixing the daily hour of meeting, and the report 
of the committee to notify the President of the assembly of Congress 
was received. The concurrent resolution providing for a joint session 
to hear the state of the Union message from the President was offered 
and passed by unanimous consent.
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12. 113 Cong. Rec. 14-34, 90th Cong. 1st Sess.
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Authority of Speaker to Declare Recess During Organization

Sec. 7.2 The House may authorize the Speaker to declare recesses at any 
    time, subject to the call of the Chair, during organization.

    On Jan. 10, 1967,(13) the opening day of a new Congress, 
the House granted unanimous consent that it be in order for Speaker 
John W. McCormack, of Massachusetts, to declare a recess at any time 
during the day.
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13. 113 Cong. Rec. 34, 90th Cong. 1st Sess.
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Sec. 7.3 On the opening day of a session, the Speaker declared the 
    House in recess, on his own initiative and without objection.

    On Jan. 7, 1964,(14) Speaker John W. McCormack, of 
Massachusetts, declared the House to stand in recess, without the 
motion being put, in order to await the report of the committee 
appointed to ask the President if he had any communication to make to 
the Congress.
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14. 110 Cong. Rec. 5, 88th Cong. 2d Sess.
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Presiding Officer in Absence of Speaker at Convening

Sec. 7.4 The Speaker being absent on the day set for the convening of 
    the second session, the House is called to order by a Speaker pro 
    tempore if he has been previously designated by the Speaker for 
    that purpose.

    On Jan. 10, 1966,(15) the convening date of the second 
session of the 89th Congress, Speaker pro tempore Carl Albert, of 
Oklahoma, called the House to order and laid the following 
communication before the House:
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15. 112 Cong. Rec. 5, 89th Cong. 2d Sess. For the procedure where the 
        Speaker has died between sessions, see Sec. 6, supra.
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        The Speaker's Rooms,
        U.S. House of Representatives,
        Washington, D.C., January 10, 1966:

            I hereby designate the Honorable Carl Albert to act as 
        Speaker pro tempore today.

                                                John W. McCormack,
                            Speaker of the House of Representatives.

Procedure at Opening of Consecutive Session

Sec. 7.5 After calling the House to order and following the opening 
    prayer at the beginning of a new session of an existing Congress, 
    the Speaker lays before the House letters of resignations which 
    became effective during the adjournment and then causes the roll to 
    be called alphabetically to establish a quorum.

    On Jan. 10, 1966,(16) following the call to order and 
prayer at the beginning of the second session, Speaker pro tempore Carl 
Albert, of Oklahoma, laid before the House the resignation of a Member 
of the House effective Dec. 30, 1965, and then directed the Clerk to 
call the roll to establish a quorum. The roll was called in 
alphabetical order.
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16. 112 Cong. Rec. 5, 6, 89th Cong. 2d Sess.
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Sec. 7.6 After a quorum is established at the opening of a second 
    session, the House takes the following organizational steps: 
    provision for recess on the day of the joint session to receive the 
    President's state of the Union message; authorization to the 
    Speaker to appoint a committee to notify the President of the 
    assembly of Congress; notification to the Senate of the assembly of 
    the House; receipt of the report of the committee to notify the 
    President; passage of resolution to fix the daily hour of meeting; 
    passage of concurrent resolution to set the joint session for the 
    President's message.

    On Jan. 6, 1948,(17) Speaker Joseph W. Martin, Jr., of 
Massachusetts, called the House to order. By unanimous consent, the 
Speaker was then authorized to declare a recess at any time subject to 
the call of the Chair on Jan. 7, 1948, and was empowered by resolution 
to appoint three members of the committee to notify the President of 
the United States of the assembly of Congress. A resolution was then 
offered and passed to direct the Clerk of the House to inform the 
Senate that a quorum was established in the House and that 
                         
[[Page 48]]

the House was ready to proceed
with business. The committee to notify the President reported that the 
President would deliver his message to the Congress on Jan. 7, 1948. 
The House passed a resolution fixing the daily hour of meeting of the 
House, and a concurrent resolution setting Jan. 7 as the date for the 
joint session to hear the state of the Union message from the 
President.
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17. 94 Cong. Rec. 4, 5, 80th Cong. 2d Sess.
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Announcement of Official Actions During Adjournment

Sec. 7.7 When the Speaker of the preceding Congress, acting under 
    authority conferred by the House, makes appointments during 
    adjournment sine die, he informs the House thereof at the convening 
    of a new Congress.

    On Jan. 4, 1965,(18) Speaker John W. McCormack, of 
Massachusetts, informed the House that he had appointed four Members of 
the House of Representatives to the Lewis and Clark Trail Commission 
during adjournment sine die.
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18. 111 Cong. Rec. 25, 89th Cong. 1st Sess.
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Sec. 7.8 Where the Speaker, subsequent to sine die adjournment, 
    certifies to the U.S. Attorney a contempt case arising in a 
    committee, he notifies the House at the opening day of the new 
    Congress through its new Speaker.

    On Jan. 5, 1955,(19) Speaker Sam Rayburn, of Texas, laid 
the following communication before the House:
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19. 101 Cong. Rec. 11 84th Cong. 1st Sess.
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                                                  January 5, 1955.  
        The Speaker,
        House of Representatives,
        United States, Washington, D.C.

        Dear Mr. Speaker: I desire to inform the House of 
    Representatives that subsequent to the sine die adjournment of the 
    83d Congress the Committee on Un-American Activities reported to 
    and filed with me as Speaker a statement of facts concerning the 
    refusal of Lee Lorch, Robert M. Metcalf, and Norton Anthony Russell 
    to answer questions before the said committee of the House, and I, 
    pursuant to the mandatory provisions of Public Resolution 123, 75th 
    Congress, certified to the United States attorney, southern 
    district of Ohio, the statement of facts concerning the said Lee 
    Lorch and Robert M. Metcalf on December 7, 1954, and certified to 
    the United States attorney, District of Columbia, the statement of 
    facts concerning the said Norton Anthony Russell on December 7, 
    1954.
        Respectfully,
                                             Joseph W. Martin, Jr.  

[[Page 49]]

Announcements of Resignations and Communications of Foreign Governments

Sec. 7.9 At the organization of a new Congress, the Speaker laid before 
    the House responses of foreign governments to resolutions extending 
    greetings to them.

    On Jan. 5, 1955,(20) Speaker Sam Rayburn, of Texas, laid 
before the House a communication from Thruston B. Morton, Assistant 
Secretary of State, informing the House that the legislative assembly 
of the Gold Coast had passed a resolution on Oct. 27, 1954, thanking 
the Congress of the United States for the greetings contained in a 
joint resolution of the 83d Congress, and extending an invitation to a 
congressional delegation to represent the United States at the 
ceremonies marking the attainment of independence for the Gold Coast.
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20. 101 Cong. Rec. 11, 12, 84th Cong. 1st Sess.
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Sec. 7.10 Letters notifying the Speaker of resignations effective 
    during adjournment sine die are laid before the House upon the 
    convening of a new Congress.

    On Jan. 4, 1965,(1) Speaker John W. McCormack, of 
Massachusetts, laid before the House a letter from Mr. Ross Bass, of 
Tennessee, resigning his seat in the House of Representatives, and a 
letter from Frank G. Clement, the Governor of Tennessee, informing the 
Speaker of the receipt of the resignation of Mr. Bass.
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 1. 111 Cong. Rec. 25, 89th Cong. 1st 
        Sess.                          -------------------
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