[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 1.  Assembly of Congress]
[B. Procedure]
[Â§ 8. Procedure Before Adoption of Rules]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 49-53]
 
                               CHAPTER 1
 
                          Assembly of Congress
 
                              B. PROCEDURE
 
Sec. 8. Procedure Before Adoption of Rules


    Before the House has reached the stage of organization where the 
standing rules are adopted, no specific rules of procedure are 
technically binding upon the House,(2) except those required 
by the Constitution.(3) Where organi
                         
[[Page 50]]

zation proceeds smoothly, the lack of rules does not hamper the House 
in its completion of opening business.(4) Where, however, 
election contests arise, or debate and challenges prevent the 
completion of the call of the Clerk's roll, the House may find it 
necessary to adopt, before the Speaker's election, specific rules as to 
debate and decorum, in order to facilitate the organization of the 
House.(5) The House may either draft a specific rule 
authorizing the officers of the preceding Congress to preserve order 
and decorum,(6) or temporarily adopt from the rules of the 
preceding House only that portion relating to order and 
decorum(7) Similarly, the House may provide by specific 
rule, before the election of the Speaker, for limitation on 
debate,(8) and for opening sessions with 
prayer.(9)
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 2. Although at one time the House provided for adopted rules to 
        continue in succeeding Congresses (5 Hinds' Precedents 
        Sec. 6743), it was finally determined in 1889 and 1890 that one 
        House could not by rule bind its successor (5 Hinds' Precedents 
        Sec. 6747).
 3. The Constitution requires in art. I, Sec. 5, clause 1 that a quorum 
        be present to do business but authorizes a smaller number to 
        adjourn from day to day and to compel the attendance of absent 
        Members. Art. I, Sec. 5, clause 3 requires a Journal to be kept 
        and authorizes one-fifth of the Members present to order the 
        yeas and nays.
 4. See, e.g., Sec. Sec. 5.1, 6.1, and 7.1, supra.
 5. See, generally, 1 Hinds' Precedents Sec. Sec. 93-102.
 6. See 1 Hinds' Precedents Sec. 101.
 7. See 1 Hinds' Precedents Sec. Sec. 96-98, 102.
 8. See 1 Hinds' Precedents Sec. Sec. 94-95.
 9. See 1 Hinds' Precedents Sec. Sec. 99-100.
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    While the Clerk is presiding he does recognize 
Members,(10) but only those whose names are on the 
roll,(10) and will entertain the motion to 
adjourn,(12) the demand for a yea and nay 
vote,(13) the motion to correct the roll,(14) the 
motion to proceed to the election of a Speaker,(15) and the 
motion to elect a chairman in place of the Clerk.(16)
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10. 1 Hinds' Precedents Sec. 74.
11. 1 Hinds' Precedents Sec. 86. The Clerk may refuse to recognize a 
        Member-elect who seeks to interrupt the call of the roll, 
        particularly if the name of the Member-elect is not on the 
        roll. 1 Hinds' Precedents Sec. 84.
12. See 1 Hinds' Precedents Sec. Sec. 67, 89, 92. The House may adjourn 
        for more than one day prior to the election of a Speaker. 1 
        Hinds' Precedents Sec. 89.
13. 1 Hinds' Precedents Sec. 91.
14. 1 Hinds' Precedents Sec. Sec. 19-21, 25. In some cases, it has been 
        held that the Clerk may not entertain the motion to correct the 
        roll, on the ground that the preparing of the Clerk's roll is 
        governed by statute (2 USC Sec. 26) and is not discretionary. 
        See 1 Hinds' Precedents Sec. Sec. 22-24.
15. See 1 Hinds' Precedents Sec. Sec. 212-14.
16. See 1 Hinds' Precedents Sec. 66. When the Clerk refused to put any 
        motion except that to adjourn, a Member-elect offered a 
        resolution to elect a chairman from the floor. 1 Hinds' 
        Precedents Sec. 67.
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    As to other proposed motions, the general rule is that the Clerk 
may entertain only those propo
                         
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sitions consistent with the organization of the House.(17) One 
Clerk refused to entertain any motion but that to adjourn, and even declined 
to put a motion to approve the last day's Journal.(18) Other 
Clerks have presided at convening over the passage of resolutions, 
pertinent to organization, where the previous question and the motion 
to lay on the table were invoked.(19)
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17. 1 Hinds' Precedents Sec. 80. See. in general, Sec. 5, supra.
18. 1 Hinds' Precedents Sec. Sec. 67, 92. The refusal of the Clerk to 
        entertain the motion to approve the last day's Journal 
        prevented the reading of the Journal for several days. 1 Hinds' 
        Precedents Sec. 92.
19. See 1 Hinds' Precedents Sec. Sec. 68-70, 75 20.
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    Debates over the Clerk's authority as presiding 
officer(20) have, however, established a number of 
procedural guidelines; there is no longer any question as to the 
Clerk's power to preside at the beginning of a Congress,(1) 
nor is there doubt that he lacks authority to resolve election contests 
before the election of a Speaker.(2)
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20. See, in general, 1 Hinds' Precedents Sec. Sec. 64-80.
 1. For the derivation of the Clerk's authority to preside, see Sec. 5, 
        supra.
 2. 2 USC Sec. 26 and 2 USC Sec. Sec. 381-96 strictly govern the 
        preparation of the Clerk's roll and the procedure for election 
        contests. See 6 Cannon's Precedents Sec. 2, for an instance 
        where the Clerk stated, as a basis for his actions, the terms 
        of 2 USC Sec. 26.
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    In recent years, Members-elect have refrained from challenging the 
Clerk's roll or impeding the swift election of a Speaker,(3) 
and there has been little if any contemporary dispute as to the 
procedure to be followed before the election of a Speaker.
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 3. The last major contest over the election of a Speaker occurred in 
        1923. See 6 Cannon's Precedents Sec. 24.
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    After the election of the Speaker and before adoption of the 
standing rules, he entertains those motions which have been recognized 
by precedent to apply under general parliamentary law (Sec. 9 discusses 
those motions in detail). As no rule establishing an order of business 
has at that point been adopted, it is in order for any Member who is 
recognized by the Chair to offer a proposition relating to organization 
without asking the consent of the House.(4) However, 
unanimous-consent requests and extensions of remarks are permitted at 
organization only in the Speaker's discretion, and when they are 
pertinent to organization. For example, remarks in honor of late 
Members of Congress are regularly admitted.(5) (The House 
often adjourns out of 
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 4. 4 Hinds' Precedents Sec. 3060.
 5. See Sec. Sec. 8.1, 8.2, infra.

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respect to deceased Members on opening day, after 
completing organizational business.)(6) Mes
sages are received during organization at the Speaker's discretion; an 
important Senate message may be received and read even between the 
ordering of the previous question on a proposition and the actual 
calling of a yea and nay vote.(7)
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 6. See Sec. 8.2, infra.
 7. See Sec. 8.3, infra. While the Clerk is presiding, however, 
        messages even from the President are received but not read 
        pending the election of a Speaker. See 5 Hinds' Precedents 
        Sec. Sec. 6747-49.
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Unanimous-Consent Requests During Organization

Sec. 8.1 The Speaker announced, prior to the adoption of the rules, 
    that he would recognize a Member to announce the death of the 
    President pro tempore of the Senate, but that no other unanimous-
    consent request would be permitted except to correct the Record.

    On Jan. 22, 1971,(8) Speaker Carl Albert, of Oklahoma, 
made the following announcement:
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 8. 117 Cong. Rec. 131, 92d Cong. 1st Sess.
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        The Chair would like to make an announcement at this time. The 
    Chair is going to recognize the gentleman from Georgia (Mr. 
    Landrum) at this time. This is for the purpose of announcing the 
    death of a great Member of Congress.(9)
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 9. Senator Richard B. Russell, Jr. (Ga.).
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        The Chair will take requests to correct the Record, but until 
    we have adopted the rules of the House, the Chair will appreciate 
    the indulgence of Members on other personal requests.
        The Chair now recognizes the gentleman from Georgia.

Sec. 8.2 The Speaker may grant permission to all Members to extend 
    remarks in the Record on opening day, where the House adjourns out 
    of respect to a deceased Member.

    On Jan. 10, 1966,(10) Mr. Hale Boggs, of Louisiana, made 
the following request:
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10. 112 Cong. Rec. 7, 36, 89th Cong. 2d Sess.
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        Mr. Speaker,(11) I ask unanimous consent that on 
    today, and without making the procedure a precedent, all Members 
    may have permission to extend their remarks in the Record and to 
    include pertinent material therewith.
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11. Speaker pro tempore Carl Albert (Okla.).
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    There were no objections. After further business, the House 
adjourned as a mark of respect to the late Honorable Herbert C. Bonner.

                         
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Interruption at Organization by Messages

Sec. 8.3 Before the adoption of rules, the Chair received a
    message from the Senate between the time the yeas and nays were 
    ordered on the previous question and the time the roll was called.

    On Jan. 3, 1969,(12) after the ordering of the yeas and 
nays on a motion for the previous question, Speaker John W. McCormack, 
of Massachusetts, received a message from the Senate as to a concurrent 
resolution to fix the date of the electoral count. Following receipt of 
that message the roll was called on the pending yea and nay vote.
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12. 115 Cong. Rec. 22, 91st Cong. 1st Sess.
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