[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Front Matter]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page i-xi]
 
                      Foreword to Bound Volume 17

[[Page i]]

94th Congress, 2d Session  - - - - - - - - - House Document No. 94-661


               DESCHLER-BROWN-JOHNSON PRECEDENTS


                           OF THE

                        United States
                  
                 House of Representatives 


                             By 
         LEWIS DESCHLER, J.D., D.J., M.P.L., LL.D.

               Parliamentarian of the House,

                         1928-1974


                   WM. HOLMES BROWN, J.D.

              Parliamentarian of the House,

                        1974-1994


              CHARLES W. JOHNSON, III, J.D.

              Parliamentarian of the House,

                        1994-2004



                         VOLUME 17


COVERING PRECEDENTS THROUGH THE 109TH CONGRESS AND EMPLOYING CITATIONS
  TO THE RULES AND TO THE HOUSE RULES AND MANUAL OF THAT PERIOD WHICH
    HAVE SUBSEQUENTLY BEEN RECODIFIED AS SHOWN IN H. DOC. 106-320 AT
                           PAGES XIII-XV


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                                  FORWARD
[[Page iii]]
                     

    The publication of volume 17 of Deschler-Brown-Johnson Precedents 
of the United States House of Representatives, to be followed by volume 
18 on the budget process, marks the interim completion of the 
compilation of precedents commenced by former Parliamentarian Lewis 
Deschler in 1974. Volume 17 incorporates an eclectic mix of chapters 
not logically included in the preceding 16 volumes. With a few 
exceptions from the period 1928 to 1936 (the date of publication of 
Cannon's Precedents), these chapters address the period 1936 through 
2006. Volume 18 on Budget Process will reflect precedents resulting 
from the enactment of the Congressional Budget Act in 1974.
    After the publication of volume 18, the Office of the 
Parliamentarian, pursuant to law (2 U.S.C. Sec. 28b), will publish 
replacement volumes comprising cumulative updates of each chapter of 
the compilation, retaining existing section designations where possible 
for consistency of citation and adding supplementary citations and 
cross-references to avoid unnecessary duplication. An appendix to this 
compilation will provide commentary from the perspective of Charles W. 
Johnson, III, whose service in the Office of the Parliamentarian for 40 
years with seven successive Speakers so uniquely qualifies him for the 
task of presenting an overview of the procedural evolution of the House 
since the publication of Lewis Deschler's preface in 1976.

                                                      John V. Sullivan
                                                       Parliamentarian

  January 10, 2011.


[[Page v]]


              TABLE OF ABBREVIATIONS AND TERMS

      A. (or A.2d)              Atlantic Reporter                  
      ad hoc                    For a particular purpose or end    
      A.L.R.                    American Law Reports Annotated     
      Am Jur                    American Jurisprudence             
      amend.                    Amendment to the Constitution      
      Annals of Cong.           Annals of Congress (1789ï¿½091824)     
      App. D.C.                 Appeal Cases, District of Columbia 
      App. Div.                 Appellate Division                 
      art.                      Article of the Constitution        
      C.A.                      Court of Appeals                   
      Cert.                     Certiorari                         
      cf.                       Compare with                       
      CFR                       Code of Federal Regulations        
      Ch.                       Chapter                            
      Cir.                      Circuit Court of Appeals (federal) 
      Cir. Ct. App.             Circuit Court of Appeals (state)   
      cl.                       clause                             
      Comm.                     Committee                          
      Cong.                     Congress                           
      Cong. Deb.                Congressional Debates (1824ï¿½091837)  
      Cong. Globe               Congressional Globe (1833ï¿½091873)    
      Cong. Rec.                Congressional Record               
      contra                    Contradictory authority            
      Crim. App.                Court of Criminal Appeals          
      Ct. Cl.                   Court of Claims                    
      D.                        District Court (federal)           
      daily ed.                 Daily edition of Record            
      e.g.                      For example                        
      et al.                    Omission of party in case name     
      et seq.                   And the following                  
      ex rel.                   On the relation of. . .            
      Exec. Comm.               Executive Communication            
      F (or F2d)                Federal Reporter                   
      FCA                       Federal Code Annotated             
      Fed. Reg.                 Federal Register                   
      FRD                       Federal Rules Decisions            
      F Supp                    Federal Supplement                 
      H. Con. Res.              House Concurrent Resolution        
      H. Doc.                   House Document                     
      H.J. Res.                 House Joint Resolution             
      H. Jour.                  House Journal                      
      H.R.                      House Bill                         
      H. Rept.                  House Report                       
      H. Res.                   House Resolution                   
      
      
[[Page vi]]
      
      Id.                       Citation to same authority as in immedi- 
                                  ately preceding citation               
      i.e.                      That is                                  
      In re                     In the matter of . . .                   
      infra                     Subsequent section or chapter            
      inter alia                Among others                             
      L.Ed (or L.Ed2d)          Lawyers' Edition, U.S. Supreme Court     
                                  Reports                                  
      L.J.                      Law Journal                              
      L. Rev.                   Law Review                               
      Mem.                      Disposition of case without opinion      
      N.E. (or N.E.2d)          North Eastern Reporter                   
      N.W. (or N.W.2d)          North Western Reporter                   
      Op. Att'y Gen.            Attorney General's Opinions              
      P. (or P.2d)              Pacific Reporter                         
      Per Curiam                Disposition of case with short opinion   
      Priv. L.                  Private Law                              
      Pub. L.                   Uncodified Statute or Session Law        
      S.                        Senate Bill                              
      S. Con. Res.              Senate Concurrent Resolution             
      S. Ct.                    Supreme Court Reporter                   
      S. Doc.                   Senate Document                          
      S.E. (or S.E.2d)          South Eastern Reporter                   
      Sess.                     Session                                  
      Sic                       Mistake in original of quoted material   
      S.J. Res.                 Senate Joint Resolution                  
      S. Jour.                  Senate Journal                           
      S. Rept.                  Senate Report                            
      S. Res.                   Senate Resolution                        
      So. (or So.2d)            Southern Reporter                        
      Stat.                     Statutes at large                        
      Sup. Ct.                  Supreme Court                            
      supra                     Prior section or chapter                 
      S.W. (or S.W.2d)          South Western Reporter                   
      U.S.                      United States Supreme Court  Reports     
      USC (or USCA)             United States Code (or United States     
                                  Code Annotated)                        
      U.S. Code Cong. & Ad.     United States Code Congressional and     
        News                      Administrative News                    
      U.S. Const.               United States Constitution
      U.S.L.W.                  United States Law Week                   


[[Page vii]]

                                Contents

                Ch. 34. Constitutional Amendments (p. 1)

 A. Introduction (p. 3)

   Sec. 1. In General
   Sec. 2. Form of Action

 B. House Consideration (p. 5)

   Sec. 3. Committee Jurisdiction
   Sec. 4. Procedures for Floor Consideration
   Sec. 5. Voting

 C. Senate Consideration; House-Senate Relations (p. 42)

   Sec. 6. Senate Consideration
   Sec. 7. Conference Reports
   Sec. 8. Amendments Between the Houses

 D. Ratification (p. 49)

   Sec. 9. Generally; Certification and Publication
   Sec. 10. Submission to the States; Records of Ratification
   Sec. 11. State Consent; Withdrawal and Rescission of Withdrawal
   Sec. 12. Time Limits on Ratification


    Ch. 35. Presidential Messages & Executive Communications (p. 67)

   Sec. 1. In General; Scope
   Sec. 2. Receipt and Reading of Presidential Messages
   Sec. 3. Referral
   Sec. 4. Joint Sessions to Receive Presidential Messages: In General
   Sec. 5. Joint Sessions to Receive Presidential Messages: Procedure

[[Page viii]]

   Sec. 6. Letters From the President


                 Ch. 36. Ceremonies and Awards (p. 135)

   Sec.  1. Scope
   Sec.  2. Commemorative Occasions
   Sec.  3. _Federal Holidays
   Sec.  4. _Patriotic Observances
   Sec.  5. _Patriotic Observances of Another Country
   Sec.  6. _Religious Observances
   Sec.  7. _Pan American Day
   Sec.  8. _Flag Day; Pause for Pledge Commemoration
   Sec.  9. _Presidential
   Sec. 10. Memorial Services
   Sec. 11. _Supreme Court Justices
   Sec. 12. _Current and Former Members of the House and the Senate
   Sec. 13. _Moments of Silence
   Sec. 14. _Holocaust Days of Remembrance
   Sec. 15. _Honoring Slain Capitol Police Officers
   Sec. 16. _Honoring Victims of National Tragedies
   Sec. 17. Former Members' Day
   Sec. 18. Birthday Felicitations
   Sec. 19. Military Awards; Receptions for Generals and Astronauts
   Sec. 20. Presentation of Gifts and Awards
   Sec. 21. Statuary
   Sec. 22. Dedication of Buildings and Structures
   Sec. 23. Ceremonies for Visiting Dignitaries
   Sec. 24. Congressional Gold Medals
   Sec. 25. Presidential Inaugurations
   Sec. 26. Vice Presidential Swearing-in Ceremonies


[[Page ix]]


                     Ch. 37. Resignations (p. 349)

A. Introduction (p. 351)

    Sec. 1. Scope of Chapter
    Sec. 2. Background

B. Resignation of a Member From the House (p. 354)

    Sec. 3. Procedures and Forms
    Sec. 4. Reason for Resignation; Inclusion in Letter of Resignation
    Sec. 5. Conditional Resignations; Timing

C. Resignations From Committees and Delegations (p. 425)

    Sec. 6. Procedures and Forms
    Sec. 7. Reason for Resignation
    Sec. 8. Resignations From Delegations and Commissions

D. Resignations of Officers, Officials, and Employees (p. 474)

    Sec. 9. Procedure
   Sec. 10. Tributes


                         Ch. 38. Death (p. 567)

    1. In General
    2. Effect of Death on House Business; Presumptive Death of Member
    3. Death Benefits; Claims of Survivor's Spouse
    4. Administration of Member's Offices Following Death
    5. Announcement of Death; Accounting for Vacancies
    6. Resolutions of Sympathy
    7. Deaths of Foreign Dignitaries
    8. Funeral Committees
    9. Adjournment as Mark of Respect
   10. Eulogies


[[Page x]]

   11. Services in the Capitol
   12. Lying-in-State; Lying in Honor


                        Ch. 39. Recess (p. 723)

   Sec. 1. In General
   Sec. 2. Recess Authority
   Sec. 3. Purposes


                      Ch. 40. Adjournment (p. 777)

 A. Generally; Adjournments of Three Days or Less (p. 779)

   Sec. 1. In General
   Sec. 2. Adjournment to Another Place
   Sec. 3. When in Order; Precedence and Privilege of Motion
   Sec. 4. In Committee of the Whole
   Sec. 5. Debate on Motion; Amendments
   Sec. 6. Voting; Effect of Adoption
   Sec. 7. Quorum Requirements
   Sec. 8. Dilatory Motions; Repetition of Motion
   Sec. 9. To a Day Certain; Three-day Limit

 B. Adjournments for More Than Three Days to Date Certain (p. 848)

   Sec. 10. In General; House-Senate Adjournments for Differing Periods
   Sec. 11. Consideration of Concurrent Resolution; Privilege, 
            Amendment, Debate, Budget Act Restrictions
   Sec. 12. August Recess
   Sec. 13. Conditional Adjournments; Recall

 C. Adjournment Sine Die (p. 896)

   Sec. 14. In General; Privilege; Inclusion of Other Matter
   Sec. 15. Conditional Adjournments Sine Die; Recall

[[Page xi]]

   Sec. 16. Where Required or Prohibited by Law
   Sec. 17. Procedure and Business at Adjournment
   Sec. 18. Business Subsequent to

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