[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 11. Questions of Privilege]
[C. Basis of Questions of Privilege of the House]
[Â§ 13. Invasion of House Jurisdiction or Prerogatives]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1617-1618]
 
                               CHAPTER 11
 
                         Questions of Privilege
 
            C. BASIS OF QUESTIONS OF PRIVILEGE OF THE HOUSE
 
Sec. 13. Invasion of House Jurisdiction or Prerogatives

Senate Invasion of House Prerogatives

Sec. 13.1 Invasion of the House prerogative to originate revenue-
    raising legislation granted by article I, section 7 of the 
    Constitution raises a question of the privilege of the House.

    On May 20, 1965,(9) Mr. Wilbur D. Mills, of Arkansas, 
offered as a matter involving the privilege of the House a resolution 
(10) providing for the return to the Senate of a messaged 
bill. The bill authorized the President to raise the duty on fishery 
products and was deemed to infringe on the revenue-raising prerogatives 
of the House. The language of the Senate bill was as follows:
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 9. 111 Cong. Rec. 11149, 11150, 89th Cong. 1st Sess. For further 
        instances where invasion of the House's revenue-raising 
        prerogative gave rise to a question of the privilege of the 
        House, see 111 Cong. Rec. 23632, 89th Cong. 1st Sess., Sept. 
        14, 1965; 108 Cong. Rec. 23014, 87th Cong. 2d Sess., Oct. 10, 
        1962; 106 Cong. Rec. 15818, 15819, 86th Cong. 2d Sess., July 2, 
        1960; 99 Cong. Rec. 1897, 1898, 83d Cong. 1st Sess., Mar. 12, 
        1953; 92 Cong. Rec. 5001-12, 79th Cong. 2d Sess., May 14, 1946.
10. H. Res. 397.
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        That when the Secretary of the Interior determines that the 
    fishing vessels of a country are being used in the conduct of 
    fishing operations in a manner or in such circumstances which 
    diminish the effectiveness of domestic fishery conservation 
    programs, the President . . . may increase the duty on any fishery 
    product in any form from such country for such time as he deems 
    necessary to a rate not more than 50 percent above the rate 
    existing on July 1, 1934.

    The House resolution was agreed to.

Executive Invasion of House Prerogatives

Sec. 13.2 Alleged infringement by the executive branch, through its 
    treatymaking power, on the constitutional right of Congress under 
    article IV section 3 to exercise control over the territory and 
    other property belonging to the United States, presents a question 
    of the privilege of the House.

    On Feb. 17, 1944,(11) Mr. Carl Hinshaw, of California, 
presented as a question involving the privilege of the House a 
resolution (12)

[[Page 1618]]

instructing the Committee on the Judiciary to investigate the action of 
the President in sending to the Senate for ratification a treaty 
relating to the utilization by the United States and Mexico of certain 
southwestern rivers. The resolution declared that the Constitution 
(art. IV, Sec. 3) vests regulatory power over U.S. territory in the 
Congress, and that the action of the President constituted an invasion 
of the House's prerogatives relating to the control of United States' 
territory and property. Without debate, a motion to refer the 
resolution to the Committee on the Judiciary was agreed 
to.(13~)
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11. 90 Cong. Rec. 1836, 78th Cong. 2d Sess.
12. H. Res. 446.
13. 90 Cong. Rec. 1841, 78th Cong. 2d Sess.
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Judicial Invasion of House Prerogatives

Sec. 13.3 A resolution declaring that the constitutional prerogatives 
    of the House had been invaded by the issuance of a court order 
    restraining the publication of a committee report presents a 
    question of the privilege of the House.

    On Dec. 14, 1970,(14) Mr. Richard H. Ichord, of 
Missouri, offered as a matter involving the privilege of the House a 
resolution (H. Res. 1306) ordering the Public Printer to publish a 
report of the Committee on Internal Security and enjoining all persons 
from interfering therewith, it being alleged, inter alia, that the 
prior issuance of a temporary order by a United States District Court 
restraining the publication of the committee report constituted an 
invasion of the House's prerogatives granted by the U.S. Constitution 
(art. I, Sec. 6, clause 3). After lengthy debate the resolution was 
agreed to on a roll call vote.(15)
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14. 116 Cong. Rec. 41355, 91st Cong. 2d Sess.
15. Id. at P. 41374.
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