[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 36. Ceremonies and Awards]
[Â§11. âSupreme Court Justices]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 197-199]
 
                               CHAPTER 36
 
                         Ceremonies and Awards
 
Sec. 11. --Supreme Court Justices

    The House has marked its respect for deceased justices of the 
Supreme Court by holding memorial services in the Hall of the 
House(1) and authorizing, by concurrent resolution, the use 
of the catafalque(2) for the lying in state of Supreme Court 
justices at the Supreme Court building.(3) The reader is 
encouraged to consult Ch. 38, infra, for further information on the 
deaths of Supreme Court Justices.
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 1. See Sec. 11.2, infra.
 2. The catafalque was originally constructed in 1865 to support the 
        casket of Abraham Lincoln while the President's body lay in 
        state in the Rotunda. It consists of a simple bier of rough 
        pine boards nailed together and covered with black cloth. For 
        many years the catafalque was kept below the House Crypt in a 
        small vaulted chamber called Washington's Tomb, which was 
        originally intended, but never used, as the burial place for 
        the first President. In 2008, the catafalque was put on public 
        display in the Capitol Visitors Center, where it currently 
        remains.
 3. See Sec. 11.1, infra.                          -------------------
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Sec. 11.1 The House, by unanimous consent, considered and adopted a 
    concurrent resolution authorizing the Architect of the Capitol to 
    transfer the catafalque from the crypt of the Capitol to the 
    Supreme Court for use in memorial services for the late Honorable 
    William H. Rehnquist, Chief Justice of the United States.

    On Sept. 6, 2005,(1) the following proceedings took 
place:
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 1. 151 Cong. Rec. 19569, 109th Cong. 1st Sess.
            For other instances where the House authorized use of the 
        catafalque for Supreme Court Justices, see 145 Cong. Rec. 3946, 
        106th Cong. 1st Sess., Mar. 9, 1999 (H. Con. Res. 45, former 
        Associate Justice of the Supreme Court, Harry A. Blackmun); 143 
        Cong. Rec. 15857, 15858, 105th Cong. 1st Sess., July 25, 1997 
        (H. Con. Res. 123, former Associate Justice of the Supreme 
        Court, William J. Brennan); 141 Cong. Rec. 17322, 104th Cong. 
        1st Sess., June 27, 1995 (S. Con. Res. 18, former Chief Justice 
        of the Supreme Court, Warren Burger); and 139 Cong. Rec. 1146, 
        103d Cong. 1st Sess., Jan. 26, 1993 (H. Con. Res. 23, former 
        Associate Justice of the Supreme Court, Thurgood Marshall).

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[[Page 198]]

        Mr. [Tom] DeLAY [of Texas]. Madam Speaker, I ask unanimous 
    consent to take from the Speaker's table the Senate concurrent 
    resolution (S. Con. Res. 52) providing for the use of the 
    catafalque situated in the crypt beneath the Rotunda of the Capitol 
    in connection with memorial services to be conducted in the Supreme 
    Court Building for the late honorable William H. Rehnquist, Chief 
    Justice of the United States, and ask for its immediate 
    consideration in the House.
        The Clerk read the title of the Senate concurrent resolution.
        The SPEAKER pro tempore.(2) Is there objection to 
    the request of the gentleman from Texas?
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 2. Judith Biggert (IL).
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        There was no objection.
        The Clerk read the Senate concurrent resolution, as follows:

                                S. Con. Res. 52

            Resolved by the Senate (the House of Representatives 
        concurring), That the Architect of the Capitol is authorized 
        and directed to transfer to the custody of the Supreme Court of 
        the United States the catafalque which is situated in the crypt 
        beneath the Rotunda of the Capitol so that such catafalque may 
        be used in the Supreme Court Building in connection with 
        services to be conducted there for the late honorable William 
        H. Rehnquist, Chief Justice of the United States.

        The Senate concurrent resolution was concurred in.
        A motion to reconsider was laid on the table.

Sec. 11.2 Form of a concurrent resolution providing for the holding of 
    memorial services for Justice Oliver Wendell Holmes.

    On Mar. 7, 1935,(1) Mr. Allen E. Treadway, of 
Massachusetts, sent to the desk a concurrent resolution and asked 
unanimous consent for its immediate consideration:
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 1. 79 Cong. Rec. 3169, 74th Cong. 1st Sess.
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                         House Concurrent Resolution 15

        Resolved by the House of Representatives (the Senate 
    concurring), That for the purpose of holding memorial services in 
    honor of the late Justice Oliver Wendell Holmes, the two Houses of 
    Congress shall assemble in the Hall of the House of Representatives 
    at a time to be fixed by the representatives of the Senate and 
    House of Representatives in charge thereof.
        That a joint committee consisting of five Members of the House 
    of Representatives and five Members of the Senate shall be 
    appointed by the Speaker of the House of Representatives and the 
    President of the Senate, respectively, which is empowered to make 
    suitable arrangements for fitting and proper exercises for the 
    joint session of Congress herein authorized.
        That invitations to attend the exercises be extended to the 
    President of the United States of America and the members of his 
    Cabinet, the Chief Justice and Associate Justices of the Supreme 
    Court of the United States, the Diplomatic Corps (through the 
    Secretary of State), the General of the Armies, the Chief of Staff 
    of the Army,

[[Page 199]]

    the Chief of Naval Operations, the Major General Commandant of the 
    Marine Corps, and the Commandant of the Coast Guard, and such other 
    persons as the joint committee on arrangements shall deem proper.
        That the Chief Justice of the Supreme Court of the United 
    States is hereby invited to address the American people at the 
    joint session of the Congress in commemoration of the life and 
    services of the late Justice Oliver Wendell Holmes.
        The SPEAKER.(2) Is there objection to the present 
    consideration of the House concurrent resolution?
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 2. Joseph W. Byrns (TN).
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        There was no objection.
        The House concurrent resolution was agreed to.
        On motion by Mr. Treadway, a motion to reconsider the vote by 
    which the House concurrent resolution was agreed to was laid on the 
    table.