[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 11. Questions of Privilege]
[B. Privilege of the House]
[Â§ 4. Raising and Presenting the Question]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1591-1593]
 
                               CHAPTER 11
 
                         Questions of Privilege
 
                       B. PRIVILEGE OF THE HOUSE
 
Sec. 4. Raising and Presenting the Question

Prima Facie Showing

Sec. 4.1 The mere statement that the privilege of the House has been 
    violated and transgressed, unsupported by a further showing of a 
    prima facie violation or breach of the privilege of the House, does 
    not properly present a question of privilege.

    On Feb. 18, 1936,(20) Mr. Marion A. Zioncheck, of 
Washington,

[[Page 1592]]

submitted as a question of privilege the following resolution:
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20. 80 Cong. Rec. 2312, 2313, 74th Cong. 2d Sess. For further 
        illustration see 88 Cong. Rec. 2005, 77th Cong. 2d Sess., Mar. 
        6, 1942.
            Note: The resolution quoted above was apparently in 
        response to remarks by Mr. John Taber [N.Y.], made on the 
        preceding day, in which he criticized an alleged abuse by Mr. 
        Zioncheck of the privilege of extending remarks in the Record. 
        See 80 Cong. Rec. 2201, 74th Cong. 2d Sess., Feb. 17, 1936.
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        Resolved, That the gentleman from New York, Mr. Taber, violated 
    and transgressed the privileges of the House Monday, February 17, 
    1936.

    A point of order was then made by Mr. Frederick R. Lehlbach, of New 
Jersey, asserting that the resolution did not raise a question of the 
privilege of the House. In his ruling, sustaining the point of order, 
the Speaker (21) stated:
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21. Joseph W. Byrns (Tenn.).
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        The Chair thinks the point of order is well taken. The 
    resolution does not set out a question of privilege.

Raised by Resolution

Sec. 4.2 Questions of privilege of the House are raised by resolution.

    On Sept. 5, 1940,(22) Mr. Clare E. Hoffman, of Michigan, 
rising to a question of the privilege of the House, sought recognition 
to make a statement. A point of order was made by Mr. John E. Rankin, 
of Mississippi, that in order to obtain recognition on a question of 
the privilege of the House a Member must first offer a resolution. 
Following the subsequent parliamentary inquiry by Mr. Hoffman inquiring 
whether in fact he was required to offer a resolution before stating 
his question, the Speaker (1) stated:
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22. 86 Cong. Rec. 11552, 11553, 76th Cong. 3d Sess. For further 
        illustrations see 86 Cong. Rec. 5111, 5112, 5114, 76th Cong. 3d 
        Sess., Apr. 26, 1940; 80 Cong. Rec. 2201, 74th Cong. 2d Sess., 
        Feb. 17, 1936; 79 Cong. Rec. 5454, 5455, 74th Cong. 1st Sess., 
        Apr. 11, 1935.
 1. William B. Bankhead (Ala.).
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        The gentleman must offer his resolution first, under the rule.

In Committee of the Whole

Sec. 4.3 A question of the privilege of the House based upon 
    proceedings in the House may not be raised in the Committee of the 
    Whole.

    On May 24, 1972,(2) after the House had gone into the 
Committee of the Whole, the following proceedings occurred:
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 2. 118 Cong. Rec. 18675, 92d Cong. 2d Sess.
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        The Chairman: (3) For what purpose does the 
    gentlewoman from New York rise?
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 3. John M. Murphy (N.Y.).
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        Mrs. [Bella S.] Abzug: Mr. Chairman, I rise to make a 
    resolution con

[[Page 1593]]

    cerning a question of privilege on rule IX.
        The Chairman: The gentlewoman is not in order.
        Mr. [John J.] McFall [of California]: Mr. Chairman, I make a 
    point of order against the resolution.
        Mrs. Abzug: Mr. Chairman, a question of privilege under rule IX 
    in my understanding is in order at any time and it takes precedence 
    over any other.
        The Chairman: The Chair states the gentlewoman is not correct. 
    Question[s] of privilege of the House may not be raised in the 
    Committee of the Whole.