[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 37. Resignations]
[A. Introduction]
[Â§ 2. Background]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 351-353]
 
                               CHAPTER 37
 
                              Resignations
 
                            A. Introduction
 
Sec. 2. Background

    The resignation of a Member from the House, whether presented to 
the executive authority of the State concerned or to the Speaker of the 
House, becomes effective on its stated terms and ordinarily may not be 
withdrawn.(1)
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 1. 2 Hinds' Precedents Sec. 1213 and 6 Cannon's Precedents Sec. 65 
        (addressing whether a proposal to withdraw a resignation may be 
        privileged). Extracts from the Judiciary Committee report in 6 
        Cannon's Precedents Sec. 65 state without citation that 
        resignations are ``self-acting'' and may not be withdrawn. In 
        one case a Member was not permitted by the House to withdraw a 
        resignation. 2 Hinds' Precedents Sec. 1213. However, the House 
        has allowed withdrawal in the case of defective resignation. 6 
        Cannon's Precedents Sec. 229 (Member had not actually 
        transmitted, or withdrawal had overtaken, letter of 
        resignation); Sec. 5.1, infra (Member had transmitted 
        resignation to improper State official). A Member may appoint a 
        future date for his resignation to take effect and, until the 
        arrival of the date, participate in the proceedings of the 
        House. 2 Hinds' Precedents Sec. Sec. 1220-1225, 1228, 1229; 6 
        Cannon's Precedents Sec. Sec. 227, 228; Sec. 5.1, infra. The 
        modern practice of resignations with prospective effective 
        dates has engendered a possible distinction between those 
        including explicit language of irrevocability and others (see 
        Sec. 5, infra). For a State to prospectively perceive a vacancy 
        by reason of a prospective resignation, it presumably must be 
        assured that the resignation is irrevocable. A Member may 
        include in a letter of prospective resignation a statement of 
        intention that the resignation be ``irrevocable'' in order to 
        allay any concern about the prospect of withdrawal. See 147 
        Cong. Rec. 9892, 107th Cong. 1st Sess., June 5, 2001; 149 Cong. 
        Rec. 1750, 1751, 107th Cong. 1st Sess., Jan. 27, 2003; and 
        Sec. 5.1, infra. In some cases executive authorities of States 
        have been able to issue writs of election on the basis of time-
        contingent resignations, thereby producing Representatives-
        elect to fill vacancies almost immediately (see Sec. 5.1, infra 
        [Rep. Neugebauer succeeding Rep. Combest]). In at least one 
        case a Representative-elect was chosen to fill a vacancy even 
        before the vacancy existed in fact (see Sec. 5.1, infra [Rep. 
        Sullivan succeeding Rep. Largent]). In Sec. 5.6, infra, a 
        resignation was effective on the election of a successor 
        (Virginia; Dec. 1, 1944). In Sec. 5.7, infra, a resignation was 
        effective on the scheduling of a special election (South 
        Carolina; Jan. 18, 1965). In Sec. 5.12, infra, a delayed 
        effective date for a resignation was disallowed (New York; Nov. 
        26, 1951).

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    Acceptance of the resignation of a Member is unnecessary, and the 
refusal of the executive authority of a State to accept a resignation 
does not operate to continue membership in the House of the individual 
who submitted the resignation.(2)
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 2. 6 Cannon's Precedents Sec. 65.
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    The resignation of an individual from office as a Representative 
creates a vacancy in the representation in the House of Representatives 
from the resigned Representative's State within the meaning of clause 
4, Sec. 2 of art. I of the Constitution, such that the executive 
authority thereof may issue a writ of election.(3)
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 3. On occasion a Member who resigned has been reelected to the same 
        House. 2 Hinds' Precedents Sec. Sec. 1210, 1212, 1256; 111 
        Cong. Rec. 1452, 89th Cong. 1st Sess. Jan. 28, 1965; 111 Cong. 
        Rec. 13774, 89th Cong. 1st Sess., June 16, 1965; 129 Cong. Rec. 
        114, 98th Cong. 1st Sess., Jan. 6, 1983; and 129 Cong. Rec. 
        2575, 89th Cong. 1st Sess., Feb. 22, 1983.
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    Letters of resignation are presented as privileged.(4)
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 4. 2 Hinds' Precedents Sec. 1167.
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    A Member may submit his resignation whenever he or she considers it 
necessary, whether the House is in session or adjourned. A resignation 
ordinarily becomes effective on its stated terms or on receipt by the 
executive authority of the State concerned. The fact that the House is 
not in session to receive notification of a resignation does not delay 
a resigning Member's appointment to another office.(5)
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 5. Compare 117 Cong. Rec. 32413, 92d Cong. 1st Sess., Sept. 20, 1971 
        and 117 Cong. Rec. 32239, 92d Cong. 1st Sess., Sept. 17, 1971 
        (relating to the appointment to the Senate of Mr. Robert T. 
        Stafford [VT], who previously had submitted his resignation to 
        the House). See also Sec. 5.11, infra, where the resignation of 
        Rep. Melvin R. Laird (WI) bearing the date of his swearing in 
        as Secretary of Defense, was laid before the House two days 
        later.

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    The first resignation from the House took place in 1791, after 
lengthy debate as to its permissibility.(6) The British 
Parliament did not allow resignations,(7) and it was 
asserted in the House that the U.S. Congress should adhere to this 
practice. However, the view prevailed that there was little analogy 
between the House of Representatives and Parliament and, further, that 
the U.S. Constitution does not prohibit the resignation of a Member of 
Congress.
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 6. 2 Hinds' Precedents Sec. 1230.
 7. See Todd, Alpheus, Practices and Privileges of Parliament, Rogers & 
        Thompson, Toronto, 1840, pp. 89-91.
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    It is desirable that a Member's resignation be sent to the House as 
well as the executive authority of the Member's State. It is necessary, 
on one hand, for the executive authority of the State to know when a 
Member resigns so the executive authority can fulfill the 
constitutional obligation to issue a writ of election to fill the 
vacant seat and, on the other hand, for the House to know of the 
resignation so that its records may accurately reflect the current 
membership.(8)
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 8. U.S. Const. art. I, Sec. 2; Rule XX clause 5(d), House Rules and 
        Manual Sec. 1024b (2007).
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    A Member who is resigning generally submits the Member's 
resignation simultaneously to the House and to the executive authority 
of the Member's State. When this is not done, it is customary for 
whomever has received the resignation to notify the 
other.(9)
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 9. Sec. 3.2, infra. See also Ch. 8, Sec. Sec. 9.1-9.3, supra. When a 
        Member purports to resign directly to the Speaker, rather than 
        to the pertinent official of the Member's State, the Executive 
        authority of the State concerned is notified. House Rules and 
        Manual Sec. 22 (2007). When a Member does not inform the House, 
        the Executive authority of the Member's State has done so. 2 
        Hinds' Precedents Sec. Sec. 1193, 1194; 6 Cannon's Precedents 
        Sec. 232. On occasion the House has learned of the resignation 
        of a Member by the presentation of credentials of the Member's 
        successor. 2 Hinds' Precedents Sec. Sec. 1195, 1356. When the 
        fact of a resignation has not appeared either from the 
        credentials of a successor or otherwise, the Clerk has been 
        ordered to inquire, or the House has ascertained the vacancy 
        from information given by other Members.

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