[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 11. Questions of Privilege]
[Index to Precedents]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1581-1585]
 
                               CHAPTER 11
 
                        Questions of Privilege 


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    Commentary and editing by John R. Graham, Jr., J.D.
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A. Introductory

    Sec. 1. In General

B. Privilege of the House

    Sec. 2. In General; Definition
    Sec. 3. Effecting Changes in House Rules or Orders
    Sec. 4. Raising and Presenting the Question
    Sec. 5. Time for Consideration; Precedence of the Question
    Sec. 6. Recognition to Offer; Determinations as to Validity
    Sec. 7. Consideration and Debate; Referral to Committee

C. Basis of Questions of Privilege of the House

    Sec. 8. General Criticism of Legislative Activity
    Sec. 9. Charges Involving Members
   Sec. 10. Charges Involving House Officers or Employees
   Sec. 11. Correcting the Record; Expungement of Words Uttered in 
            Debate
   Sec. 12. Enforcement of Committee Orders and Subpenas
   Sec. 13. Invasion of House Jurisdiction or Prerogatives
   Sec. 14. Service of Process on Members
   Sec. 15. Service of Grand Jury Subpena
   Sec. 16. Service of Process on House, Its Officers, or Employees
   Sec. 17. Service of Process on Committee Chairmen and Employees
   Sec. 18. Authorization to Respond to Process
   Sec. 19. Providing for Legal Counsel

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D. Personal Privilege of Member

   Sec. 20. In General; Definition
   Sec. 21. Raising the Question; Procedure
   Sec. 22. Debate on the Question; Speeches
   Sec. 23. Precedence of the Question; Interrupting Other Business

E. Basis of Questions of Personal Privilege

   Sec. 24. Introductory; General Opinion or Criticism
   Sec. 25. Charges Before a Governmental Agency or Committee
   Sec. 26. Charges by Fellow Member
   Sec. 27. Words Uttered in Debate; Charges Inserted in the Record
   Sec. 28. Published Charges of Impropriety
   Sec. 29. Published Charges of Illegality
   Sec. 30. Published Charges Involving Legislative Conduct
   Sec. 31. Published Charges Involving Patriotism
   Sec. 32. Published Charges Impugning Veracity
   Sec. 33. Criticism of Members Collectively






                          INDEX TO PRECEDENTS
                                     

Abuse of House powers or institutions, Sec. 30.8
Adjournment, questions of privilege pending at, Sec. 5.5
Alteration of official transcript, charge of, Sec. 25.2
Appeal from Speaker's ruling, Sec. 6.3
Calendar Wednesday business, precedence of questions of privilege over, 
    Sec. 5.7
Character of Member, charges concerning
    atomic secrets, divulging, Sec. 26.2
    Communist Party affiliation, Sec. 25.1
    ethnic slur, Sec. 28.4
    hearing transcripts, altered, submitting, Sec. 25.2
    making oneself a ``damn fool'' Sec. 26.1
    questionable business affiliations, Sec. Sec. 26.3, 28.3
    ``vote selling,'' Sec. 28.1
Charges concerning Congress, resolution for investigation of, Sec. 8.3
Charges concerning the House, resolution for investigation of, Sec. 8.4
Charges made against other Members, Sec. 9.2
Charges or criticism involving unnamed Members, Sec. Sec. 26.1, 26.2, 
    33.1, 33.2
Committee chairman, improprieties as, Sec. 30.11

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Committee employee, criticism of, Sec. 10.3
Committee of the Whole
    questions of personal privilege raised in, Sec. 21.4
    questions of the privilege of the House raised in, Sec. 4.3
Committee reports relating to questions of privilege
    applicability of three-day rule concerning, Sec. 5.10
    witness' refusal to be sworn, Sec. 12.2
    witness' refusal to respond to subpena duces tecum, Sec. 12.3
Committee responsibilities, avoidance of, Sec. 30.14
Committee witnesses, warrants detaining, Sec. 12.1
Communist Party affiliation, charge of, Sec. 25.1
Congress, criticism of, Sec. 8.1
Congressional Record, expurgations
    offensive articles, documents, or speech, inserted in, 
        Sec. Sec. 11.4, 11.5
    offensive House debate in, Sec. Sec. 11.2, 11.3
    offensive Senate debate in, Sec. 11.1
    remarks inserted in, through abuse of leave to print, Sec. 11.7
    remarks inserted without authorization in, Sec. 11.8
    unparliamentary language inserted in, under leave to extend, 
        Sec. 11.6
Congressional Record, resolution to correct inaccuracies in, Sec. 11.9
Congressional Record, resolution to restore remarks previously expunged 
    from, Sec. 11.10
Congressional Record, transcript of, submitted to the Speaker, 
    Sec. 21.2
Counsel, appointment of
    by Clerk, Sec. 19.3
    by House committee, Sec. 19.2
    by Speaker, Sec. 19.1
Court orders
    publication of committee report restrained by, Sec. 13.3
    service of, on Members, Sec. Sec. 14.9, 14.10
Criticism of Members
    generally, Sec. 8.2
    resolution for investigation of, Sec. 9.2
Debate, offensive remarks uttered during
    in relation to questions of personal privilege, Sec. 27.1
Debate, scope of
    in relation to questions of personal privilege, Sec. 22.5
    response to Member who raises question, Sec. 22.2
Deceptive conduct, charge of, Sec. 30.2
Deposition, notice of, served on Clerk, Sec. 16.18
Discovery orders
    issuance of, for committee papers, Sec. 17.9
    service of, on committee employees, Sec. 17.10
District of Columbia business, precedence of question of privilege 
    over, Sec. 5.8
Doorkeeper, criticism of, Sec. 10.2
Employees, committee, service of interrogatories on, Sec. 17.10
Executive invasion of House prerogatives, Sec. 13.2
Executive officer, improper attempt by, to influence Member, Sec. 9.1
Fascist sympathies, charge of, Sec. 31.4
Grounds for question of personal privilege, statement of, Sec. 21.1
Hour rule on debate, applicability of
    to questions of personal privilege, Sec. 22.1
    to questions of the privilege of the House, Sec. 7.1
House floor, control of, when questions of personal privilege arise, 
    Sec. Sec. 23.2, 23.3

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House orders, collateral attack on, Sec. 3.2
House rules, effecting changes in, Sec. 3.1
Illegality, charges of, concerning Members
    criminal conspiracy, perjury, and tax evasion, Sec. 29.5
    fees, receipt of, Sec. 29.3
    forgery, Sec. 29.2
    sedition, Sec. 29.6
    tax irregularities, Sec. 29.4
    unspecified illegal acts, Sec. 29.1
Innuendos as raising question of privilege, Sec. 31.1
Interrogatories, service of, on committee employees, Sec. 17.10
Journal
    interruption of reading of, for questions of privilege, Sec. 5.6
    precedence of reading of, over questions of personal privilege, 
        Sec. 23.1
Judicial invasion of House prerogatives, Sec. 13.3
Legislative actions or record, criticism of, Sec. 24.1
Motion for adjournment, precedence of, over questions of privilege, 
    Sec. Sec. 5.1, 5.2
Motion for the previous question
    applicability of, to questions of the privilege of the House, 
        Sec. 7.3
    precedence of questions of privilege over, Sec. 5.9
Official conduct of Members, charges concerning
    abuse of franking privilege, Sec. 30.18
    abuse of powers or rank, Sec. Sec. 30.8-30.10
    accusation of traitorous acts, Sec. 26.5
    conflicts of interest, Sec. Sec. 30.6, 30.7
    ``cynical politicking'' and ``shabby conduct,'' Sec. 27.7
    dereliction of duties, Sec. 30.3
    ``disgraceful'' conduct, Sec. Sec. 30.15, 30.16
    evidence, confiscating, Sec. 30.4
    improper conduct in agency dealings, Sec. 30.17
    irresponsibility, Sec. 30.12
    making ``intemperate, vituperative and libelous'' attack, Sec. 27.9
    ``making suckers'' out of the taxpayers, Sec. 27.8
    misuse of public funds, Sec. 30.1
    placing ``scurrilous'' matter in the Record, Sec. 27.4
    ``pork barrel'' provisions, Sec. 27.6
    promoting religious strife, Sec. 27.5
    ``sneaking'' something over on the House, Sec. 30.2
    war controls, actions detrimental to, Sec. 30.5
Official conduct of Members, criticism of, Sec. Sec. 8.2, 24.1 et seq.
One-minute speech, use of, as related to questions of personal 
    privilege, Sec. 22.4
Patriotism of Members, charges concerning
    activities detrimental to national security, Sec. Sec. 31.12 et 
        seq.
    collaborating with a foreign enemy, Sec. Sec. 31.14 et seq.
    fascist sympathies, Sec. Sec. 31.4 et seq.
    generalized allegations, Sec. Sec. 31.1-31.3
    innuendos reflecting on patriotism, Sec. Sec. 31.1 et seq.
    sedition, Sec. 29.6
Political influence, exercise of, as improper, Sec. 26.3
Prima facie showing as to question of privilege, Sec. 4.1
Procedure, effecting changes in, Sec. 3.3
Process, response to, authorization for, Sec. 18.1

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Questions of the privilege of the House
    appeal from Speaker's determination of, Sec. 6.3
    consideration of, by House committee, 57.4
    determination of, by Speaker, Sec. Sec. 6.1, 6.2
    prima facie showing necessary for, Sec. 4.1
Recognition of Member on question of privilege, Speaker's power as to, 
    Sec. 6.1
Religious strife, promotion of, Sec. 27.5
Resolution, questions of the privilege of the House raised by, Sec. 4.2
Resolutions relating to critical publications, Sec. Sec. 8.3, 8.4
Response to Member who raises question, Sec. 22.2
Revenue legislation, interference with House power to originate, 
    Sec. 13.1
Rude conduct, allegations of, on the part of House employees, Sec. 10.2
Security risk, charging Member as being, Sec. 31.12
Senate debate, expungement of. by House resolution, Sec. 11.1
Senate invasion of House prerogatives, Sec. 13.1
Senator's criticism of House Member, Sec. 27.6
Special-order speech as alternative to question of personal privilege, 
    Sec. 22.3
Strike-breaking activities, charge of, Sec. 27.3
Subpena
    authorization for response to, Sec. Sec. 18.1-18.4
    court-martial issuance of, to Clerk, Sec. 16.17
    executive agency, issuance by, to Member, Sec. 14.8
    modification of, after service, Sec. 14.3
Subpena, issuance of, to
    Clerk, Sec. Sec. 16.7-16.9
    committee chairmen, Sec. Sec. 17.2-17.4
    committee employees, Sec. Sec. 17.5. 17.6
    Doorkeeper, Sec. 16.10
    House employee, Sec. 16.13
    Members, Sec. Sec. 14.2 et seq.
    Sergeant at Arms, Sec. Sec. 16.11, 16.12
Subpenas issued by grand jury to
    Clerk, Sec. 16.14
    committee chairman, Sec. 17.7
    committee employee, Sec. 17.8
    House employee, Sec. 16.16
    Members, Sec. Sec. 15.1, 15.2
    Sergeant at Arms, Sec. 16.15
Summons, service of, on
    Capitol Architect, Sec. 16.6
    chairman of committee, Sec. 17.1
    Clerk, Sec. 16.3
    House, Sec. 16.1
    Member, Sec. 15.2
    Sergeant at Arms, Sec. 16.4
    Speaker, Sec. 16.2
Traitorous acts, allegation of, Sec. 26.5
Unauthorized action by committee employee, allegation of, Sec. 10.3
Unnamed Members. criticism of. Sec. Sec. 26.1. 33.1
Veracity of Members, charges concerning
    charge of distorting the President's words, by fellow Member, 
        Sec. 27.10
    echoing a fascist lie, Sec. 27.11
    misleading the public, Sec. 33.1
    presenting falsehoods, Sec. 32.1
    stating a ``lie,'' Sec. Sec. 26.7, 27.12, 32.2
Vote, improper attempt to influence, Sec. 9.1

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