[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 6.  Officers, Officials, and Employees]
[B. Speaker Pro Tempore]
[Â§ 11. Oath of Office; Term of Office]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 542-549]
 
                               CHAPTER 6
 
                   Officers, Officials, and Employees
 
                         B. SPEAKER PRO TEMPORE
 
Sec. 11. Oath of Office; Term of Office

    The Members' oath of office(10) is administered to an 
elected Speaker pro tempore,(11) and, under recent 
precedent,(12) to a designated and approved Speaker pro 
tempore, but not to a designated Speaker pro tempore.(13)
---------------------------------------------------------------------------
10. The oath prescribed by statute, 5 USC Sec. 3331, is as follows: 
        ``I, A B, do solemnly swear (or affirm) that I will support and 
        defend the Constitution of the United States against all 
        enemies, foreign and domestic; that I will bear true faith and 
        allegiance to the same; that I take this obligation freely, 
        without any mental reservation or purpose of evasion, and that 
        I will well and faithfully discharge the duties of the office 
        on which I am about to enter. So help me God.''
11. See Sec. 11.1, infra.
            Parliamentarian's Note: The additional oath is the same one 
        administered to Members, since the formal language of it is 
        applicable to any office to which a Member is about to enter. 
        See 5 USC Sec. 3331.
12. See Sec. Sec. 11.2, 11.3, infra.
13. For previous treatment of the oath of office of the Speaker pro 
        tempore see 1 Hinds' Precedents Sec. 229, 2 Hinds' Precedents 
        Sec. Sec. 1386, 1394; 6 Cannon's Precedents Sec. Sec. 274, 280.
            Parliamentarian's Note: For reasons of efficiency a 
        designated Speaker pro tempore is not administered the oath of 
        office as Speaker pro tempore, even though upon his designation 
        he also assumes a new office. The elected and the designated 
        and approved Speakers pro tempore are administered the oath 
        because they assume not only a new office but also new duties, 
        e.g., the signing, in the place of the Speaker, of enrolled 
        bills and joint resolutions.
---------------------------------------------------------------------------

    The oath of office as Speaker pro tempore is administered by the 
Speaker if he is present(14) or by a Member chosen by the 
elected,(15) or designated and ap

[[Page 543]]

proved,(16) Speaker pro tempore when the Speaker is absent.
---------------------------------------------------------------------------
14. See Sec. 11.4, infra.
15. See Sec. 11.5, infra.
16. See Sec. 11.6, infra.
---------------------------------------------------------------------------

    The term of office of a Speaker pro tempore can be for various time 
periods under various circumstances. For example, the substitution may 
be: momentary,(17) for the day,(18) for a future 
specified day,(19) for two continuous days,(20) 
for two separate days,(1) for three legislative 
days,(2) for the balance of a week,(3) for more 
than three days with approval of the House,(4) or during the 
absence of the Speaker.(5)
---------------------------------------------------------------------------
17. See Sec. 11.7, infra.
18. See Sec. 11.8, infra.
19. See Sec. 11.9, infra.
20. See Sec. 11.10, infra.
 1. See Sec. 11.11, infra.
 2. See Sec. 11.12, infra, and Rule I clause 7, House Rules and Manual 
        Sec. 633 (1973).
 3. See Sec. 11.13, infra.
 4. See Sec. 11.14, infra; Rule I clause 7, House Rules and Manual 
        Sec. 633 (1973).
 5. See Sec. 11.15, infra; Rule I clause 7, House Rules and Manual 
        Sec. 633 (1973).
---------------------------------------------------------------------------

    The term of office does not begin until the chosen Member has 
accepted the office.(6) The term of office ordinarily ends 
when the Speaker resumes the Chair.(7)
---------------------------------------------------------------------------
 6. See Sec. 11.16, infra.
 7. See Sec. 11.14, infra.                          -------------------
---------------------------------------------------------------------------

Oath of Office

Sec. 11.1 Besides his oath as a Member, an elected Speaker pro tempore 
    is also administered an oath of office as Speaker pro tempore.

    On Nov. 18, 1963,(8) Speaker John W. McCormack, of 
Massachusetts, designated Representative Carl Albert, of Oklahoma, 
Speaker pro tempore while the Speaker journeyed to Boston upon the 
death of his brother. A resolution was introduced to elect Mr. Albert 
Speaker pro tempore during the absence of the Speaker. The resolution 
was agreed to and Mr. Albert took the oath of office as Speaker pro 
tempore.
---------------------------------------------------------------------------
 8. 109 Cong. Rec. 22015, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 11.2 Besides his oath as a Member, a designated Speaker pro 
    tempore who is approved by the House is administered the oath of 
    office as Speaker pro tempore, according to recent precedent.

    On Feb. 24, 1949,(9) a resolution was introduced 
indicating the approval of the House of the designation of 
Representative John W. McCormack, of Massachusetts, as Speaker pro 
tempore. Upon

[[Page 544]]

agreement to the resolution, Representative McCormack was administered 
the oath of office as Speaker pro tempore.
---------------------------------------------------------------------------
 9. 95 Cong. Rec. 1489, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 11.3 A designated Speaker pro tempore who is approved by the House 
    has not always been administered the oath of office as Speaker pro 
    tempore.

    On Apr. 7, 1930,(10) Speaker Nicholas Longworth, of 
Ohio, designated a Speaker pro tempore and the House approved the 
designation. No additional oath of office was administered, according 
to the Congressional Record.
---------------------------------------------------------------------------
10. 72 Cong. Rec. 6661, 71st Cong. 2d Sess.
---------------------------------------------------------------------------

Administration of Oath by Speaker

Sec. 11.4 An elected Speaker pro tempore is administered his oath of 
    office by the Speaker when the Speaker is present.

    On Aug. 15, 1941,(11) Speaker Sam Rayburn, of Texas, 
invited the election of a Speaker pro tempore and subsequently 
administered him the oath of office.
---------------------------------------------------------------------------
11. 87 Cong. Rec. 7194, 7195, 77th Cong. 1st Sess.
---------------------------------------------------------------------------

    On Mar. 22, 1949,(12) Speaker Rayburn stated that it was 
necessary for him to be absent for a few days on important business. A 
resolution was introduced to elect Representative John W. McCormack, of 
Massachusetts, Speaker pro tempore. Upon passage of the resolution, the 
Speaker administered the oath to Mr. McCormack as Speaker pro 
tempore.(13)
---------------------------------------------------------------------------
12. 95 Cong. Rec. 2968, 81st Cong. 1st Sess.
13. Parliamentarian's Note: The Congressional Record does not 
        explicitly refer to the Speaker's administering the oath, but 
        such did in fact take place.
---------------------------------------------------------------------------

Administration of Oath by Member

Sec. 11.5 An elected Speaker pro tempore designates a Member to 
    administer the oath to him in the absence of the Speaker.

    On Apr. 2, 1940(14) Speaker William B. Bankhead, of 
Alabama, invited an election of a Speaker pro tempore. On the day next 
following the election of Representative Sam Rayburn, of Texas, as 
Speaker pro tempore, in the absence of the Speaker, Mr. Rayburn asked 
Representative John W. McCormack, of Massachusetts, to administer to 
him the oath of office:
---------------------------------------------------------------------------
14. 86 Cong. Rec. 3925, 76th Cong. 3d Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: . . . The present occupant of the 
    chair re

[[Page 545]]

    quests the gentleman from Massachusetts [Mr. McCormack] to 
    administer the oath of office as Speaker pro tempore.
        Mr. McCormack appeared at the well of the House and 
    administered the oath. . . .

    On Jan. 10, 1966,(15) Speaker John W. McCormack, of 
Massachusetts, designated Representative Carl Albert, of Oklahoma, 
Speaker pro tempore while the Speaker journeyed to Boston upon the 
death of his brother. A resolution was introduced to elect Mr. Albert 
Speaker pro tempore during the absence of the Speaker. The resolution 
was agreed to and Mr. Albert asked the Dean of the House, 
Representative Emanuel Celler, of New York, to administer the oath of 
office.(16)
---------------------------------------------------------------------------
15. 112 Cong. Rec. 5, 6, 89th Cong. 2d Sess.
16. Parliamentarian's Note: The Congressional Record does not 
        explicitly refer to Mr. Albert's designation of Mr. Celler to 
        administer the oath, but such did in fact take place.
---------------------------------------------------------------------------

Sec. 11.6 A designated Speaker pro tempore who is approved by the House 
    and who is administered the oath of office as Speaker pro tempore 
    may designate the Member to administer him the oath of office.

    On Feb. 24, 1949,(17) a resolution was introduced 
indicating the approval of the House of the designation of Hon. John W. 
McCormack, of Massachusetts, as Speaker pro tempore. Once approved the 
Speaker pro tempore designated a Member to administer him the oath of 
office.
---------------------------------------------------------------------------
17. 95 Cong. Rec. 1489, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

Terms of Office

Sec. 11.7 A term of office of a Speaker pro tempore may be only 
    momentary.

    On Apr. 15, 1958,(18) designated Speaker pro tempore 
John W. McCormack, of Massachusetts, himself designated Representative 
Carl Albert, of Oklahoma, as Speaker pro tempore during the election of 
Mr. McCormack as Speaker pro tempore during the absence of Speaker Sam 
Rayburn, of Texas.
---------------------------------------------------------------------------
18. 104 Cong. Rec. 6436, 85th Cong. 2d Sess.
---------------------------------------------------------------------------

    On Nov. 18, 1963,(19) designated Speaker pro tempore 
Albert, who

[[Page 546]]

was about to be elected as Speaker pro tempore, himself designated 
another Speaker pro tempore during the election.
---------------------------------------------------------------------------
19. 109 Cong. Rec. 22015, 88th Cong. 1st Sess.
            Parliamentarian's Note: On Nov. 17, 1963, Speaker 
        McCormack's brother died in Boston. On Nov. 18 Speaker 
        McCormack in writing designated the Honorable Carl Albert to 
        act as Speaker pro tempore for the day. The Speaker remained in 
        Boston until Nov. 21. Although the Congressional Record does 
        not explicitly refer to it, the momentary designation of Hale 
        Boggs (La.) as Speaker pro tempore during the election of Mr. 
        Albert as Speaker pro tempore during the absence of the Speaker 
        did in fact take place. Immediately upon the laying on the 
        table of a motion to reconsider the resolution electing Mr. 
        Albert, Mr. Boggs left the Chair and Mr. Albert resumed it.
---------------------------------------------------------------------------

    On Jan. 10, 1966,(20) Speaker John W. McCormack, of 
Massachusetts, designated Representative Carl Albert, of Oklahoma, as 
Speaker pro tempore for the day in writing.(21) During Mr. 
Albert's election as Speaker pro tempore, he designated another Speaker 
pro tempore to preside over the House momentarily during the election:
---------------------------------------------------------------------------
20. 112 Cong. Rec. 5, 6, 89th Cong. 2d Sess.
21. Parliamentarian's Note: Since the duration of the Speaker's absence 
        was uncertain it was considered essential to elect a Speaker 
        pro tempore.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: The Chair requests the gentleman from 
    Louisiana [Mr. Boggs] to assume the chair.
        Mr. Boggs assumed the chair as Speaker pro tempore.
        The Speaker Pro Tempore (Mr. [Hale] Boggs): The Chair 
    recognizes the gentleman from New York [Mr. Keogh].
        Mr. [Eugene J.] Keogh: Mr. Speaker, on account of the 
    unavoidable absence of the Speaker due to the death of his beloved 
    brother, and at his request, I offer a resolution and ask for its 
    immediate consideration.
        The Clerk read the resolution, as follows:

                                  H. Res. 627

            Resolved, That Hon. Carl Albert, a Representative from the 
        State of Oklahoma, be, and he is hereby, elected Speaker pro 
        tempore during the absence of the Speaker.
            Resolved, That the President and the Senate be notified by 
        the Clerk of the election of the Honorable Carl Albert as 
        Speaker pro tempore during the absence of the Speaker.

        The resolution was agreed to.
        A motion to reconsider was laid on the table.
        Mr. Albert assumed the chair as Speaker pro tempore and Mr. 
    Celler administered the oath of office.

    On Sept. 27 (legislative day, Sept. 25), 1961,(1) the 
Speaker pro tempore John W. McCormack, of Massachusetts, momentarily 
designated Representative Carl Albert, of Oklahoma, as Speaker pro 
tempore during the comments of Mr. McCormack on the accomplishments of 
the session.
---------------------------------------------------------------------------
 1. 107 Cong. Rec. 21545, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 11.8 A term of office of a Speaker pro tempore may be for the day.

    On Nov. 25, 1963,(2) Speaker John W. McCormack, of Massa

[[Page 547]]

chusetts, designated a Speaker pro tempore for the day.
---------------------------------------------------------------------------
 2. 109 Cong. Rec. 22694, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker pro tempore laid before the House the following 
    communication from the Speaker:
                                             The Speaker's Room,
                                                November 25, 1963.

            I hereby designate the Honorable Jim Wright to act as 
        Speaker pro tempore today.
                                              John W. McCormack,
                                                          Speaker.

Sec. 11.9 A Speaker pro tempore may be designated for one specific day 
    in the future.

    On Jan. 19, 1965,(3) Speaker John W. McCormack, of 
Massachusetts, designated Representative Emanuel Celler, of New York, 
to act as Speaker pro tempore when the House convened on Jan. 20, 1965, 
preceding the inaugural ceremonies:
---------------------------------------------------------------------------
 3. 111 Cong. Rec. 946, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair designates the Honorable Emanuel Celler, 
    of New York, to act as Speaker pro tempore tomorrow, January 20, 
    1965.

Sec. 11.10 The term of office of a Speaker pro tempore may be for a 
    specified and continuous two day period.

    On May 7, 1956,(4) a Speaker pro tempore was designated 
by Speaker Sam Rayburn, of Texas, for a specific two-day period.
---------------------------------------------------------------------------
 4. 102 Cong. Rec. 7588, 84th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker pro tempore laid before the House the following 
    communication from The Speaker:
                                                      May 7, 1956.

            I hereby designate the Honorable John W. McCormack to act 
        as Speaker pro tempore on May 7 and 8, 1956.
                                                    Sam Rayburn,
                                                            Speaker.

Sec. 11.11 The term of office of a Speaker pro tempore may be for two 
    separate days in the future.

    On Oct. 29, 1942,(5) Speaker Sam Rayburn, of Texas, 
designated a Speaker pro tempore to serve as Speaker on two specified 
days during intermittent adjournment of the House.
---------------------------------------------------------------------------
 5. 88 Cong. Rec. 8688-90, 77th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Jere] Cooper [of Tennessee]: Mr. Speaker, I ask unanimous 
    consent that when the House adjourns today it stand adjourned until 
    Monday next, that when the House adjourns on Monday next it stand 
    adjourned until Thursday, November 5, and that when the House 
    adjourns on Thursday, November 5, it stand adjourned until the 
    following Monday, November 9.
        The Speaker: Without objection, it is so ordered.
        There was no objection. . . .
        The Speaker: The Chair designates the gentleman from Tennessee 
    [Mr. Cooper] to act as Speaker pro tempore

[[Page 548]]

    on Monday, November 2, and Thursday, November 5.

Sec. 11.12 The term of office of a Speaker pro tempore may be for three 
    legislative days.

    On Mar. 11, 1940,(6) Speaker William B. Bankhead, of 
Alabama, designated a Speaker pro tempore for a period of three 
legislative days in the event of the Speaker's absence:
---------------------------------------------------------------------------
 6. 86 Cong. Rec. 2665, 76th Cong. 3d Sess.
---------------------------------------------------------------------------

        The Speaker: In the event of the absence of The Speaker for the 
    next 3 legislative days, the Chair designates the gentleman from 
    Texas [Mr. Rayburn] as the Speaker pro tempore.

Sec. 11.13 The term of office of a Speaker pro tempore may be for the 
    balance of a week.

    On Thursday, Apr. 29, 1948,(7) Speaker Joseph W. Martin, 
Jr., of Massachusetts, made the following announcement:
---------------------------------------------------------------------------
 7. 94 Cong. Rec. 5036, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair wishes to state that he appoints as 
    Speaker pro tempore for the balance of the week the Honorable 
    Charles A. Halleck, of Indiana.

Sec. 11.14 The term of office of a Speaker pro tempore may be for more 
    than three days, where the House gives its approval.

    On Apr. 7, 1930,(8) Speaker Nicholas Longworth, of Ohio, 
made the following announcement:
---------------------------------------------------------------------------
 8. 72 Cong. Rec. 6661, 71st Cong. 2d Sess. See also Sec. 12.1, infra.
---------------------------------------------------------------------------

        The Chair designates the gentleman from Connecticut [Mr. 
    Tilson] to act as Speaker pro tempore for 3 days, and the Chair 
    asks unanimous consent that thereafter, until the return of the 
    Chair, which will in all probability be on Monday, the gentleman 
    from Connecticut may be permitted to continue in that office. Is 
    there objection?
        There was no objection.

Sec. 11.15 A term of office of a Speaker pro tempore may be for the 
    duration of the absence of The Speaker.

    On Apr. 15, 1958,(9) a resolution was offered electing 
Representative John W. McCormack of Massachusetts, Speaker pro tempore 
during the absence of Speaker Sam Rayburn, of Texas.
---------------------------------------------------------------------------
 9. 104 Cong. Rec. 6436, 85th Cong. 2d Sess.
---------------------------------------------------------------------------

Sec. 11.16 The Speaker, after designating a Member as Speaker pro 
    tempore, may withdraw the name of that Member before his term 
    begins and designate another in his place.

    On Apr. 2, 1947,(10) Speaker Joseph W. Martin, Jr., of 
Massachu

[[Page 549]]

setts, made the following announcement:
---------------------------------------------------------------------------
10. 93 Cong. Rec. 3075, 80th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair wishes to announce that the gentleman 
    from Michigan [Mr. Michener], whom he has just designated as 
    Speaker pro tempore on Thursday and Monday next, has illness in his 
    family which may preclude him from accepting the appointment; 
    therefore, the Chair withdraws the designation and designates the 
    gentleman from Indiana [Mr. Halleck] to act as Speaker pro tempore 
    on Thursday and Monday next.