[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 40. Adjournment]
[A. Generally; Adjournments of Three Days or Less]
[Â§ 7. Quorum Requirements]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 828-831]
 
                               CHAPTER 40
 
                              Adjournment
 
            A. Generally; Adjournments of Three Days or Less
 
Sec. 7. Quorum Requirements

    The Constitution provides that ``a majority of each [House] shall 
constitute a quorum to do business; but a smaller number may adjourn 
from day to day . . .''(1) Accordingly, a quorum is not 
required to adjourn from day to day, but is required to adjourn to a 
day and time certain.(2) And if the Speaker is to entertain 
a motion to adjourn under clause 6 of Rule XX after the completion of a 
roll call, but before the result has been announced, the motion must be 
seconded by a majority of those present to be ascertained by an actual 
count of the Speaker.(3)
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 1. U.S. Const. art. I, Sec. 5, clause 1. See also House Rules and 
        Manual Sec. 52 (2007) and Ch. 20, generally, supra.
 2. House Rules and Manual Sec. 913 (2007).
 3. Id. at Sec. 1025 
        (2007).                          -------------------
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Sec. 7.1 It is not in order to demand an ``automatic'' roll call under 
    clause 4, Rule XV(1) on an affirmative vote on the 
    motion to adjourn, since the motion to adjourn from day-to-day may 
    be agreed to by less than a quorum.
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 1. Now Rule XX clause 6, House Rules and Manual Sec. 1025 (2007).
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Instance where the yeas and nays were ordered on a motion to adjourn, which 
was rejected.

    On Nov. 4, 1983,(2) the following events occurred:
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 2. 129 Cong. Rec. 30946, 30947, 98th Cong. 1st Sess.
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                               MOTION TO ADJOURN

        Mr. [Dan E.] LUNGREN [of California]. Mr. Speaker, I move that 
    the House do now adjourn.

[[Page 829]]

        The SPEAKER pro tempore.(3) The question is on the 
    motion offered by the gentleman from California (Mr. Lungren).
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 3. David Bonior (MI).
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        The question was taken, and on a division demanded by Mr. 
    Lungren there were --ayes 3; noes 1.
        Mr. [Henry B.] GONZALEZ [of Texas]. Mr. Speaker, I object to 
    the vote on the ground that a quorum is not present.
        The SPEAKER pro tempore. The Chair would advise the gentleman 
    from Texas that he cannot do that on an affirmative vote to 
    adjourn, only on a negative vote.
        Mr. GONZALEZ. Mr. Speaker, I demand a recorded vote.
        The SPEAKER pro tempore. The gentleman cannot get a recorded 
    vote in the House based now on the number now present.
        Does the gentleman demand the yeas and nays?
        Mr. GONZALEZ. Mr. Speaker, on that I demand the yeas and nays.
        The SPEAKER pro tempore. Those in favor of taking this vote by 
    the yeas and nays will stand.

                             parliamentary inquiry

        Mr. GONZALEZ. Mr. Speaker, a parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will state his 
    parliamentary inquiry.
        Mr. GONZALEZ. Mr. Speaker, it certainly is not my intention to 
    inconvenience Members who on the assurances that there would be no 
    recorded votes have left the premises.
        On the other hand, I think that the gentleman offering the 
    motion to adjourn has acted quite unjustly and capriciously in 
    depriving those of us who have arranged for special orders to be 
    heard, once the gentleman has had his privilege of being heard.
        I would like to ask the gentleman from California if he could 
    withhold that motion to adjourn, if such a request is in order.
        The SPEAKER pro tempore. Without objection, the gentleman from 
    Texas may pursue an inquiry.
        There was no objection. . . .
        Mr. LUNGREN. When the majority leadership decides they will not 
    even show the least courtesy to the minority here, we have to use 
    the rules that are available to us. There are very few rules 
    available to use any more because of the change in rules we had.
        Mr. Speaker, I insist on my motion.
        The SPEAKER pro tempore. Does the gentleman from Texas insist 
    on his demand for the yeas and nays?
        Mr. GONZALEZ. I do Mr. Speaker.
        The yeas and nays were ordered.
        The vote was taken by electronic device, and there were--yeas 
    99, nays 120, answered ``present'' 1, not voting 213, as follows:

                              [Roll No. 456] . . .

        So the motion was rejected.
        The result of the vote was announced as above 
    recorded.(4)
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 4. While a quorum is not required on an affirmative motion to adjourn, 
        a negative vote on that motion by division may precipitate an 
        ``automatic'' roll call pursuant to clause 6 of Rule XX (House 
        Rules and Manual Sec. 1025 [2007]). See Sec. 6.3, supra.
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Sec. 7.2 Where less than a quorum of the House rejects a motion

[[Page 830]]

    to adjourn, the Speaker may not entertain unanimous-consent 
    requests until a quorum is established.

    On Dec. 22, 1973,(1) a Member called attention to the 
absence of a quorum. Another Member moved for adjournment and demanded 
the yeas and nays. The motion to adjourn was rejected but by less than 
a quorum. A parliamentary inquiry was raised as to whether a unanimous-
consent request could be entertained before establishment of a quorum.
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 1. 119 Cong. Rec. 43321, 93d Cong. 1st Sess.
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        Mr. [Otis G.] PIKE [of New York]. Mr. Speaker, I make the point 
    of order that a quorum is not present.
        The SPEAKER. (2) The Chair recognizes the gentleman 
    from Massachusetts (Mr. O'Neill).
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 2. Carl Albert (OK).                          -------------------
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                    MOTION TO ADJOURN OFFERED BY MR. O'NEILL

        Mr. [Thomas P.] O'NEILL [Jr., of Massachusetts]. Mr. Speaker, I 
    move that the House do now adjourn.
        The SPEAKER. The question is on the motion made by the 
    gentleman from Massachusetts (Mr. O'Neill) that the House do now 
    adjourn.
        Mr. PIKE. Mr. Speaker, I object to the vote on the ground that 
    a quorum is not present and make the point of order that a quorum 
    is not present.
        The SPEAKER. The Chair will inform the gentleman from New York 
    (Mr. Pike) that a quorum is not needed for action upon a motion to 
    adjourn the House.
        Mr. PIKE. Mr. Speaker, on that I demand the yeas and nays.
        The yeas and nays were ordered.
        The vote was taken by electronic device and there were yeas 39, 
    nays 160, not voting 233, as follows:

                              [Roll No. 725] . . .

        So the motion was rejected.
        The result of the vote was announced as above recorded.

                             parliamentary inquiry

        Mr. O'NEILL. Mr. Speaker, a parliamentary inquiry.
        The SPEAKER. The gentleman from Massachusetts will state it.
        Mr. O'NEILL. Mr. Speaker, realizing the fact that now a call of 
    the House is in order, is it permissible for me to ask unanimous 
    consent that I may address the House for 1 minute?
        The SPEAKER. Not in the absence of a quorum.

Sec. 7.3 While a quorum is not required to adjourn, a point raised 
    against a negative vote on the motion to adjourn precipitates an 
    automatic roll call under the rule.

    On June 15, 1951,(1) the following occurred:
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 1. 97 Cong. Rec. 6621, 82d Cong. 1st Sess.
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                                 point of order

        Mr. [A. L.] MILLER of Nebraska. Mr. Speaker, I renew my point 
    of order that a quorum is not present.

[[Page 831]]

        Mr. [Leslie C.] ARENDS [of Illinois]. Mr. Speaker, will the 
    gentleman from Nebraska withhold that long enough for me to find 
    out what the program will be for next week?
        Mr. MILLER of Nebraska. Mr. Speaker, I think we should have a 
    quorum here to hear the program for next week.
        The SPEAKER.(2) Evidently, a quorum is not present.
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 2. Sam Rayburn (TX).
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                               motion to adjourn

        Mr. [John W.] McCORMACK [of Massachusetts]. Mr. Speaker, I move 
    that the House do now adjourn.
        The SPEAKER. The question is on the motion.
        The question was taken; and on a division (demanded by Mr. 
    Miller of Nebraska) there were--ayes 33, noes 53.
        Mr. MILLER of Nebraska. Mr. Speaker, I object to the vote on 
    the ground that a quorum is not present and make the point of order 
    that a quorum is not present.
        Mr. [John E.] RANKIN [of Mississippi]. Mr. Speaker a point of 
    order.
        The SPEAKER. The gentleman will state it.
        Mr. RANKIN. You do not have to have a quorum to adjourn.
        The SPEAKER. The vote was negative; ayes 33, noes 53. The Clerk 
    will call the roll.
        Mr. RANKIN. There has been no roll call demanded. The vote has 
    already been taken.
        The SPEAKER. The gentleman made the point of order that a 
    quorum was not present on the vote on the motion to adjourn.
        Mr. RANKIN. That point of order is not in order for the simple 
    reason you do not have to have a quorum to adjourn.
        The SPEAKER. But the House refused to adjourn on the vote.
        Mr. RANKIN. I understand, but a roll call is not in order 
    unless it is demanded by the House.
        The SPEAKER. This matter has been up many times since the 
    present occupant has been in the chair, and the decision always has 
    been just what the Chair stated it to be.
        Mr. RANKIN. The Chair is in error.
        The SPEAKER. The Chair has been following the rules and 
    precedents established for over 150 years.
        Mr. RANKIN. The Chair is still wrong; that never has been the 
    rule.
        The SPEAKER. Evidently, a quorum is not present.
        The Doorkeeper will close the doors, the Sergeant at Arms will 
    notify absent Members, and the Clerk will call the roll.
        The question was taken; and there were--yeas 75, nays 161, not 
    voting 198, as follows:

                              [Roll No. 77] . . .

        So the motion to adjourn was rejected.