[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 35. Presidential Messages & Executive Communications]
[Â§ 5. Joint Sessions to Receive Presidential Messages: Procedure]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 114-122]
 
                               CHAPTER 35
 
           Presidential Messages and Executive Communications
 
Sec. 5. Joint Sessions to Receive Presidential Messages: Procedure

    At the appointed hour for a joint session to receive the President, 
the Members of the Senate arrive and occupy the seats reserved for 
them. The President of the Senate (the Vice President) sits to the 
right of the Speaker, but in the absence of the Vice President, the 
President pro tempore sits to the left of the Speaker. The Speaker 
presides.(1) Since the inception of television coverage in 
the House, the President almost always delivers his annual state of the 
Union message in the evening.(2)
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 1. House Rules and Manual Sec. 169 (2007).
 2. The first instance of a President delivering an annual message at 
        an evening session occurred on Jan. 3, 1936. See 80 Cong. Rec. 
        27-30, 74th Cong. 2d 
        Sess.                          -------------------
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Speaker's Declaration of Recess

Sec. 5.1 The Speaker declares a recess in connection with a joint 
    session to receive a message in person from the President.

    Under the authority of Rule I clause 12(a) to ``suspend the 
business of the House for a short time when no question is pending 
before the House,'' (1) the Chair declares a recess for the 
purpose of preparing the Chamber for a joint session to receive a 
message from

[[Page 115]]

the President, as seen in the proceedings of Jan. 29, 
2002:(2)
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 1. House Rules and Manual Sec. 638 (2007).
 2. 148 Cong. Rec. 329, 330, 107th Cong. 2d Sess.
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        The SPEAKER pro tempore.(3) Pursuant to clause 12 of 
    rule I, the Chair declares the House in recess until approximately 
    8:40 p.m. for the purpose of receiving in joint session the 
    President of the United States.
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 3. John E. Sweeney (NY).
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        Accordingly (at 5 o'clock and 30 minutes p.m.), the House stood 
    in recess until approximately 8:40 p.m.

    The proceedings of Jan. 7, 1959,(4) exemplify the grant 
of authority for the Speaker to declare a recess that was necessary 
before the adoption of Rule I clause 12(a) at the beginning of the 103d 
Congress.
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 4. 105 Cong. Rec. 16, 86th Cong. 1st Sess.
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    On that date, following the adoption of a concurrent resolution 
providing for a joint session of the two Houses to receive a message 
from the President on Jan. 9, 1959,(5) the Speaker, Sam 
Rayburn, of Texas, was authorized by unanimous consent to declare a 
recess at any time on that date, as follows:
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 5. 80 Cong. Rec. 9, 74th Cong. 2d Sess. (S. Con. Res. 25).
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        Mr. [John W.] McCORMACK [of Massachusetts]. Mr. Speaker, I ask 
    unanimous consent that on Friday, January 9, 1959, it may be in 
    order for the Speaker to declare a recess at any time subject to 
    the call of the Chair.
        The SPEAKER. Is there objection to the request of the gentleman 
    from Massachusetts?
        There was no objection.

Ceremonial Procedure at Joint Session

Sec. 5.2 The two Houses follow established ceremonial procedures at a 
    joint session to receive a message from the President.

    On Jan. 31, 2006,(1) the two Houses met in joint session 
to receive the President's annual state of the Union message. As part 
of the preparation for the joint session, the Chair announced the 
customary policy on floor privileges for the joint session. The Chair 
also announced that the practice of reserving seats by placard for the 
joint session would not be allowed and that Members could reserve seats 
only by their physical presence following a security sweep of the 
Chamber.
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 1. 152 Cong. Rec. 413-417, 109th Cong. 2d Sess.
---------------------------------------------------------------------------

     The proceedings were as follows:

                    ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

        The SPEAKER pro tempore.(2) The Chair desires to 
    make an announcement.
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 2. Ray LaHood (IL).

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[[Page 116]]

        After consultation among the Speaker, the majority and minority 
    leaders, and with their consent and approval, the Chair announces 
    that tonight when the two Houses meet in joint session to hear an 
    address by the President of the United States, only the doors 
    immediately opposite the Speaker and those on his left and right 
    will be open.
        No one will be allowed on the floor of the House who does not 
    have the privilege of the floor of the House.
        Due to the large attendance that is anticipated, the Chair 
    feels that the rule regarding the privilege of the floor must be 
    strictly adhered to.
        Children of Members will not be permitted on the floor, and the 
    cooperation of all Members is requested.
        The practice of reserving seats prior to the joint session by 
    placard will not be allowed. Members may reserve their seats by 
    physical presence only following the security sweep of the 
    Chamber.                          -------------------

                                     RECESS

        The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, 
    the Chair declares the House in recess until approximately 8:40 
    p.m. for the purpose of receiving in joint session the President of 
    the United States.
        Accordingly (at 5 o'clock and 22 minutes p.m.), the House stood 
    in recess until approximately 8:40 
    p.m.                          -------------------

                                  AFTER RECESS

        The recess having expired, the House was called to order at 8 
    o'clock and 43 minutes p.m.

          JOINT SESSION OF THE HOUSE AND SENATE HELD PURSUANT TO THE 
        PROVISIONS OF HOUSE CONCURRENT RESOLUTION 77 TO HEAR AN ADDRESS 
                     BY THE PRESIDENT OF THE UNITED STATES

        The Speaker(3) of the House presided.
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 3. J. Dennis Hastert (IL).
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        The Deputy Sergeant at Arms,(4) Mrs. Kerri Hanley, 
    announced the Vice President and Members of the U.S. Senate, who 
    entered the Hall of the House of Representatives, the Vice 
    President taking the chair at the right of the 
    Speaker,(5) and the Members of the Senate the seats 
    reserved for them.
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 4. Before the abolition of the office in 1995 (see House Rules and 
        Manual Sec. 663a (2007)), the Doorkeeper announced all 
        attendees. See, e.g., 105 Cong. Rec. 32-36, 86th Cong. 1st 
        Sess., Jan. 7, 1948.
 5. In the absence of the Vice President (the President of the Senate), 
        the Senate is represented on the Speaker's rostrum by its 
        President pro tempore, who sits to the Speaker's left. See 
        House Rules and Manual Sec. 169 (2007).
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        The SPEAKER. The Chair appoints as members of the committee on 
    the part of the House to escort the President of the United States 
    into the Chamber:
        The gentleman from Missouri (Mr. Blunt); . . .
        The gentleman from South Carolina (Mr. Clyburn).(6)
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 6. The full House escort committee consisted of the Majority Leader, 
        Roy Blunt (MO), the Republican Conference Chairman, Deborah 
        Pryce (OH), the Rules Committee Chairman, David Dreier (CA), 
        the Minority Leader, Nancy Pelosi (CA), the Minority Whip, 
        Steny Hoyer (MD), and the Democratic Caucus Chairman, Jim 
        Clyburn (SC). At the time of this joint session, the positions 
        of Majority Whip and Democratic Caucus Vice Chairman were 
        vacant.

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[[Page 117]]

        The VICE PRESIDENT.(7) The President of the Senate, 
    at the direction of that body, appoints the following Senators as 
    members of the committee on the part of the Senate to escort the 
    President of the United States into the House Chamber:
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 7. Richard B. Cheney (WY).
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        The Senator from Tennessee (Mr. Frist); . . .
        The Senator from New Jersey (Mr. Menendez).
        The Deputy Sergeant at Arms announced the Dean of the 
    Diplomatic Corps. . . .
        The Dean of the Diplomatic Corps entered the Hall of the House 
    of Representatives and took the seat reserved for 
    him.(8)
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 8. Under an earlier practice, the entire diplomatic corps was 
        announced. See, e.g., 94 Cong. Rec. 32, 80th Cong. 2d Sess., 
        Jan. 7, 1948; 136 Cong. Rec. 905, 101st Cong. 2d Sess., Jan. 
        31, 1990.
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        The Deputy Sergeant at Arms announced the Chief Justice of the 
    United States and the Associate Justices of the Supreme Court.
        The Chief Justice of the United States and the Associate 
    Justices of the Supreme Court entered the Hall of the House of 
    Representatives and took the seats reserved for them in front of 
    the Speaker's rostrum.
        The Deputy Sergeant at Arms announced the Cabinet of the 
    President of the United States.
        The members of the Cabinet of the President of the United 
    States entered the Hall of the House of Representatives and took 
    the seats reserved for them in front of the Speaker's rostrum.
        At 9 o'clock and 7 minutes p.m., the Sergeant at Arms, the 
    Honorable Wilson Livingood, announced the President of the United 
    States.
        The President of the United States, escorted by the committee 
    of Senators and Representatives, entered the Hall of the House of 
    Representatives and stood at the Clerk's desk.
        (Applause, the Members rising).
        The SPEAKER. Members of Congress, I have the high privilege and 
    the distinct honor of presenting to you the President of the United 
    States.
        (Applause, the Members 
    rising.)                          -------------------

         THE STATE OF THE UNION ADDRESS BY THE PRESIDENT OF THE UNITED 
                                     STATES

        The PRESIDENT. Mr. Speaker, Vice President Cheney, Members of 
    Congress, members of the Supreme Court and Diplomatic Corps, 
    distinguished guests and fellow citizens: . . .
        May God bless America.
        (Applause, the Members rising.)
        At 10 o'clock and 5 minutes p.m., the President of the United 
    States, accompanied by the committee of escort, retired from the 
    Hall of the House of Representatives.
        The Deputy Sergeant at Arms escorted the invited guests from 
    the Chamber in the following order:

[[Page 118]]

        The Members of the President's Cabinet; Chief Justice of the 
    United States and Associate Justices of the Supreme Court;
        The Dean of the Diplomatic 
    Corps.                          -------------------

                            JOINT SESSION DISSOLVED

        The SPEAKER. The Chair declares the joint session of the two 
    Houses now dissolved.
        Accordingly, at 10 o'clock and 10 minutes p.m., the joint 
    meeting of the two Houses was dissolved.
        The Members of the Senate retired to their 
    Chamber.                          -------------------

        MESSAGE OF THE PRESIDENT REFERRED TO THE COMMITTEE OF THE WHOLE 
                        HOUSE ON THE STATE OF THE UNION

        Mr. [Bob] GOODLATTE [of Virginia]. Mister Speaker, I move that 
    the message of the President be referred to the Committee of the 
    Whole House on the state of the Union and ordered to be printed.
        The motion was agreed to.

State of the Union and Budget as One Message

Sec. 5.3 The President has submitted his annual message on the state of 
    the Union and his budget message in one communication.

    On Jan. 21, 1946,(1) President Harry S Truman submitted 
in writing his annual message on the state of the Union. His comments 
on the budget were included in the same message.
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 1. 92 Cong. Rec. 136-155, 79th Cong. 2d Sess.
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Messages in Writing Accompanying State of the Union Address

Sec. 5.4 On one occasion, the President delivered his state of the 
    Union address to a joint session of Congress and delivered in 
    writing a lengthy message carrying his legislative program in more 
    detail than in the text read to the Members. On motion, the House 
    ordered both texts printed as a single document and referred to the 
    Union Calendar.

    For the state of the Union message delivered on Jan. 30, 
1974,(1) President Richard M. Nixon delivered an abbreviated 
version in person and provided a longer version in writing. The 
delivered speech took about 40 minutes; the written text submitted 
under separate seal, was some 22,000 words in length.(2)
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 1. See 120 Cong. Rec. 1465-85, 93d Cong. 2d Sess.
 2. Parliamentarian's Note: At the time of this state of the Union 
        message the House Committee on the Judiciary had commenced an 
        impeachment inquiry.

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[[Page 119]]

    The proceedings were as follows:

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker at 8 o'clock and 43 minutes 
    p.m.                          -------------------

          JOINT SESSION OF THE HOUSE AND SENATE HELD PURSUANT TO THE 
           PROVISIONS OF HOUSE CONCURRENT RESOLUTION 413 TO HEAR AN 
                 ADDRESS BY THE PRESIDENT OF THE UNITED STATES

        The SPEAKER of the House presided. . . .
        The SPEAKER.(3) My colleagues of the Congress, I 
    have the distinct privilege and the high personal honor of 
    presenting to you the President of the United States.
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 3. Carl Albert (OK).
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        [Applause, the Members 
    rising.]                          -------------------

        THE STATE OF THE UNION--ADDRESS BY THE PRESIDENT OF THE UNITED 
                          STATES (H. DOC. NO. 93-206)

        The PRESIDENT. Mr. Speaker, Mr. President, my colleagues in the 
    Congress, our distinguished guests, and my fellow Americans:
        . . . Tonight, for the first time in 12 years, a President of 
    the United States can report to the Congress on the state of a 
    Union at peace with every nation of the world.
        Because of this, in the 22,000-word message on the state of the 
    Union that I have just handed to the Speaker of the House and the 
    President of the Senate, I have been able to deal primarily with 
    the problems of peace, with what we can do here at home in America 
    for the American people, rather than with the problems of war. The 
    measures I have outlined in this message set an agenda for truly 
    significant progress for this Nation and the world in 1974. . . .
        [Applause, the Members rising.]
        The state of the Union message, referred to by the President, 
    and submitted to the Congress, is, in its official text, as 
    follows:

                             To the Congress of the United States:

        We enter 1974 not at the beginning of an historical cycle, but 
    in the middle of one. Beginnings have been made in many vital 
    areas, beginnings which we now must build upon. New needs have 
    arisen which we are in the process of addressing. Opportunities are 
    coalescing which give us a chance to make historic progress toward 
    a stable peace and expanding prosperity. . . .
        I have full confidence that we will meet that responsibility.

                                                    Richard Nixon.
                                The White House, January 30, 1974.

        At 9 o'clock and 48 minutes p.m., the President of the United 
    States, accompanied by the committee of escort, retired from the 
    Hall of the House of Representatives. . . 
    .                          -------------------

                          JOINT SESSION DISSOLVED

        The SPEAKER. The Chair declares the joint session of the two 
    Houses now dissolved.

[[Page 120]]

        Accordingly, at 9 o'clock and 55 minutes p.m., the joint 
    session of the two Houses was dissolved.
        The Members of the Senate retired to their 
    Chamber.                          -------------------

                      REFERENCE OF PRESIDENT'S MESSAGE

        Mr. [Charles] ROSE [of North Carolina]. Mr. Speaker, I move 
    that the message of the President together with the accompanying 
    documents be referred to the Committee of the Whole House on the 
    state of the Union and ordered printed.
        The motion was agreed to.

Sec. 5.5 In the second session of the 96th Congress, the President 
    transmitted his state of the Union speech in writing on the day 
    before he delivered the address to a joint session of Congress.

    When the second session of the 96th Congress convened to conduct 
its organizational business, the Majority Leader, appointed by the 
Speaker to the select committee to notify the President that a quorum 
was assembled and that the House was ready to proceed to business, 
reported back to the House that the President wished to address a joint 
session of Congress on the state of the Union on the following day. His 
written speech was transmitted on Jan. 22, 1980,(1) and was 
read (in brief), referred to the Union Calendar, and ordered printed. 
Both versions were thus printed as House documents.(2)
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 1. 126 Cong. Rec. 190-215, 96th Cong. 2d Sess.
 2. The address to the joint session was printed as H. Doc. No. 96-257. 
        See 126 Cong. Rec. 380-382, 96th Cong. 1st Sess., Jan. 22, 
        1980.
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    The written message was laid before the House and subsequent 
proceedings were as follows:

       STATE OF THE UNION ADDRESS--MESSAGE FROM THE PRESIDENT OF THE 
                     UNITED STATES (H. DOC. NO. 96-250)

        The SPEAKER laid before the House the following message from 
    the President of the United States; which was read and, together 
    with the accompanying papers, referred to the Committee of the 
    Whole House on the State of the Union and ordered to be printed:

                             To the Congress of the United States:

        My State of the Union Address will be devoted to a discussion 
    of the most important challenges facing our country as we enter the 
    1980's. . . .
        We must move together into this decade with the strength which 
    comes from realization of the dangers before us and from the 
    confidence that together we can overcome them.

                                                     Jimmy Carter.

                                     The White House, January 21, 
                1980.                          -------------------

           REPORT OF COMMITTEE TO NOTIFY THE PRESIDENT OF THE UNITED 
                     STATES OF THE ASSEMBLY OF THE CONGRESS

        Mr. [James C.] WRIGHT [Jr., of Texas]. Mr. Speaker, your 
    committee

[[Page 121]]

    on the part of the House to join a like committee on the part of 
    the Senate to notify the President of the United States that a 
    quorum of each House has been assembled and is ready to receive any 
    communication that he may be pleased to make has performed that 
    duty.
        The President asked us to report that he will be pleased to 
    deliver his message at 9 p.m., Wednesday, January 23, 1980, to a 
    joint session of the two Houses. . . 
    .                          -------------------

             JOINT SESSION OF CONGRESS--STATE OF THE UNION ADDRESS

        Mr. WRIGHT. Mr. Speaker I offer a concurrent resolution (H. 
    Con. Res. 241) and ask for its immediate consideration.
        The Clerk read the concurrent resolution, as follows:

                                H. Con. Res. 241

        Resolved by the House of Representatives (the Senate 
    concurring) That the two Houses of Congress assemble in the Hall of 
    the House of Representatives on Wednesday, January 23, 1980, at 9 
    o'clock postmeridiem for the purpose of receiving such 
    communication as the President of the United States shall be 
    pleased to make to them.
        The concurrent resolution was agreed to.

Consecutive Joint Sessions to Count Electoral Votes and Receive 
    Presidential Message

Sec. 5.6 At the inception of the 79th Congress, immediately after a 
    joint session was held for the purpose of counting electoral votes, 
    a second joint session was held to hear the President's annual 
    message read by the Clerk.

    On Jan. 6, 1945,(1) a recess having expired, the House 
was called to order by the Speaker. The Senate entered the Hall, 
preceded by the Vice President and the Secretary of the Senate. The 
Vice President addressed the assembly as to the purpose of the joint 
session:
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 1. 191 Cong. Rec. 90-97, 79th Cong. 1st Sess.
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        The VICE PRESIDENT.(2) Mr. Speaker and gentlemen of 
    the Congress, the Senate and the House of Representatives, pursuant 
    to the requirements of the Constitution and laws of the United 
    States, have met in joint session for the purpose of opening the 
    certificates and ascertaining and counting the votes of the 
    electors of the several States for President and Vice President. . 
    . .(3)
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 2. Henry A. Wallace (IA).
 3. Electoral College, see Ch. 10, supra.
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    The tellers proceeded to read, count, and announce the electoral 
votes of the several States in alphabetical order. The Vice President 
then announced that the certificates of all the States had been opened 
and read, and that the tellers would make final ascertainment of the 
result and deliver it to the Vice President.

[[Page 122]]

    This done, the Vice President dissolved the joint session, called 
pursuant to Senate Concurrent Resolution 1, and indicated that the 
Senate would remain in the House Chamber pursuant to Senate Concurrent 
Resolution 2, to receive a message in writing from the President of the 
United States. This message was communicated to the joint session by 
one of the President's secretaries. The Speaker laid the message before 
the joint session and it was read:

                             To the Congress of the United States:

        In considering the state of the Union, the war, and the peace 
    that is to follow, are naturally uppermost in the minds of all of 
    us. . . .

                                            Franklin D. Roosevelt.

                                 The White House, January 6, 1945.

    Following the reading, the joint session was dissolved by the 
Speaker. The Senate retired from the Hall of the House, and the House 
was called to order by the Speaker.