[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 13. Powers and Prerogatives of the House]
[B. War Powers]
[Â§ 6. House Action]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1794-1801]
 
                               CHAPTER 13
 
                  Powers and Prerogatives of the House
 
                             B. WAR POWERS
 
Sec. 6. House Action

On Japan

Sec. 6.1 The House by yea and nay vote suspended the rules and approved 
    a House joint resolution formally declaring a state of war between 
    the United States and the Imperial Government of Japan and then 
    vacated the proceedings and tabled the House joint resolution after 
    agreeing to an identical Senate joint resolution.

    On Dec. 8, 1941,(7) the House by a vote of yeas 388, 
nays 1, not voting 41, approved a motion made by Mr. John W. McCormack, 
of Massachusetts, to suspend the rules (8) and approve House 
Joint

[[Page 1795]]

Resolution 254, formally declaring a state of war between the United 
States and the Imperial Government of Japan.(9)
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 7. 87 Cong. Rec. 9520, 9536, 9537, 77th Cong. 1st Sess.
 8. Earlier that day the Speaker was authorized by unanimous consent to 
        recognize Members for suspension of the rules. Id. at p. 9519.
 9. See Sec. 11.1, infra, for the text of the President's request for a 
        declaration of war.
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        Mr. McCormack: Mr. Speaker, I move to suspend the rules and 
    pass House Joint Resolution 254, which I send to the desk.
        The Speaker: (10) The Clerk will read the joint 
    resolution.
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10. Sam Rayburn (Tex.).
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        The Clerk read as follows:

            Declaring that a state of war exists between the Imperial 
        Government of Japan and the Government and the people of the 
        United States and making provisions to prosecute the same.
            Whereas the Imperial Government of Japan has committed 
        repeated acts of war against the Government and the people of 
        the United States of America: Therefore be it
            Resolved, etc., That the state of war between the United 
        States and the Imperial Government of Japan which has thus been 
        thrust upon the United States is hereby formally declared; and 
        that the President be, and he is hereby, authorized and 
        directed to employ the entire naval and military forces of the 
        United States and the resources of the Government to carry on 
        war against the Imperial Government of Japan; and to bring the 
        conflict to a successful termination all of the resources of 
        the country are hereby pledged by the Congress of the United 
        States.

        The Speaker: Is a second demanded?
        Miss [Jeannette] Rankin of Montana: I object.
        The Speaker: This is no unanimous-consent request. No objection 
    is in order.
        Is a second demanded?
        Mr. [Joseph W.] Martin of Massachusetts: Mr. Speaker, I demand 
    a second.
        The Speaker: Without objection, a second is considered as 
    ordered.
        There was no objection.

    After debate:

        Mr. McCormack: Mr. Speaker, I ask for a vote, and on that I 
    demand the yeas and nays.
        Miss Rankin of Montana: Mr. Speaker----
        The Speaker: The gentleman from Massachusetts demands the yeas 
    and nays. Those who favor taking this vote by the yeas and nays 
    will rise and remain standing until counted.
        The yeas and nays were ordered.
        Miss Rankin of Montana: Mr. Speaker, I would like to be heard.

        The Speaker: The yeas and nays have been ordered. The question 
    is, Will the House suspend the rules and pass the resolution?
        Miss Rankin of Montana: Mr. Speaker, a point of order.
        The Speaker: A roll call may not be interrupted.
        The question was taken; and there were-yeas 388, nays 1, not 
    voting 41, as follows: . . .
        So (two-thirds having voted in favor thereof) the rules were 
    suspended, and the joint resolution was passed.
        The result of the vote was announced as above recorded.
        A motion to reconsider was laid on the table.

    After receiving a message that the Senate had approved Senate

[[Page 1796]]

Joint Resolution 116, which was identical to House Joint Resolution 
254, the House by unanimous consent passed the Senate measure and 
vacated the proceedings by which the House had approved the House 
measure, and tabled the House joint resolution.(11)
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11. 87 Cong. Rec. 9537, 77th Cong. 1st Sess., Dec. 8, 1941. See 
        Sec. 7.1, infra, for Senate proceedings on the Senate joint 
        resolution.
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                      Further Message from the Senate

        A further message from the Senate by Mr. Frazier, its 
    legislative clerk, announced that the Senate had passed a joint 
    resolution (S.J. Res. 116) declaring that a state of war exists 
    between the Imperial Government of Japan and the Government and the 
    people of the United States and making provisions to prosecute the 
    same, in which the concurrence of the House is requested. . .
        Mr. McCormack: Mr. Speaker, I ask unanimous consent to take 
    from the Speaker's table Senate Joint Resolution 116, and agree to 
    the same.
        The Clerk read the Senate joint resolution, as follows:

            Whereas the Imperial Government of Japan has committed 
        unprovoked acts of war against the Government and the people of 
        the United States of America: Therefore be it
            Resolved, etc., That the state of war between the United 
        States and the Imperial Government of Japan which has thus been 
        thrust upon the United States is hereby formally declared . . .

        The Speaker: Is there objection to the request of the gentleman 
    from Massachusetts [Mr. McCormack]?
        Mr. Martin of Massachusetts: Mr. Speaker, reserving the right 
    to object--and, of course, I am not going to object--this is the 
    same declaration that we just passed?
        The Speaker: The same.
        Mr. McCormack: Yes.
        The Speaker: Is there objection to the request of the gentleman 
    from Massachusetts [Mr. McCormack]?
        There was no objection.
        The Senate joint resolution was ordered to be read a third 
    time, was read the third time, and passed, and a motion to 
    reconsider was laid on the table.
        Mr. McCormack: Mr. Speaker, I ask unanimous consent that the 
    proceedings by which the House passed House Joint Resolution 254 be 
    vacated and that the resolution be laid on the table.
        The Speaker: Is there objection to the request of the gentleman 
    from Massachusetts [Mr. McCormack]?
        There was no objection.

On Germany

Sec. 6.2 The House by yea and nay vote suspended the rules and approved 
    a House joint resolution formally declaring a state of war between 
    the United States and the Government of Germany and then by 
    unanimous consent vacated the proceedings and tabled the House 
    measure after agreeing to an identical Senate joint resolution.

[[Page 1797]]

    On Dec. 11, 1941,(12) the House by a vote of yeas 393, 
present 1, not voting 36, agreed to a motion made by Mr. John W. 
McCormack, of Massachusetts, to suspend the rules (13) and 
approve House Joint Resolution 256, formally declaring a state of war 
between the United States and the Government of Germany.(14)
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12. 87 Cong Rec. 9665, 9666, 77th Cong. 1st Sess.
13. Earlier that day the Speaker was authorized by unanimous consent to 
        recognize Members for suspension of the rules. Id. at p. 9665.
14. See Sec. 11.2, infra, for the President's request for a declaration 
        of war.
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        Mr. McCormack: Mr. Speaker, I move to suspend the rules and 
    pass House Joint Resolution 256, which I send to the desk and ask 
    to have read.
        The Clerk read as follows:

            Whereas the Government of Germany has formally declared war 
        against the Government and the people of the United States of 
        America: Therefore be it
            Resolved, etc., That the state of war between the United 
        States and the Government of Germany which has thus been thrust 
        upon the United States is hereby formally declared; and the 
        President is hereby authorized and directed to employ the 
        entire naval and military forces of the United States and the 
        resources of the Government to carry on war against the 
        Government of Germany; and, to bring the conflict to a 
        successful termination, all of the resources of the country are 
        hereby pledged by the Congress of the United States.

        The Speaker: (15) The question is, Will the House 
    suspend the rules and pass the joint resolution?
---------------------------------------------------------------------------
15. Sam Rayburn (Tex.).
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        Mr. McCormack: Mr. Speaker, on that I demand the yeas and nays. 
    The yeas and nays were ordered. The question was taken; and there 
    were--yeas 393, answered ``present'' 1, not voting 36, as follows: 
    . . .
        So (two-thirds having voted in favor thereof) the rules were 
    suspended and the resolution was agreed to.
        A motion to reconsider was laid on the table.

    After receiving a message that the Senate had approved Senate Joint 
Resolution 119, which was identical to House Joint Resolution 256, the 
House by unanimous consent passed the Senate measure and vacated the 
proceedings by which the House had approved the House measure, and 
tabled the House joint resolution.(16~)
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16. 87 Cong. Rec. 9666, 77th Cong. 1st Sess., Dec. 11, 1941. See 
        Sec. 7.2, infra, for Senate proceedings on the joint 
        resolution.
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                          Message From the Senate

        A message from the Senate, by Mr. Frazier, its legislative 
    clerk, announced that the Senate had passed joint resolutions of 
    the following titles, in which the concurrence of the House is 
    requested:

            S.J. Res. 119. Joint resolution declaring that a state of 
        war exists between the Government of Germany and the Government 
        and the people of the United States and making provision to 
        prosecute the same. . . .

[[Page 1798]]

        Mr. McCormack: Mr. Speaker, I ask unanimous consent to take 
    from the Speaker's table Senate Joint Resolution 119, which is 
    identical with the resolution just adopted by the House, and pass 
    the Senate resolution.
        The Clerk read the title of the resolution.
        The Speaker: Is there objection to the request of the gentleman 
    from Massachusetts?
        There was no objection.
        The Senate joint resolution was read a third time, and passed.
        A motion to reconsider was laid on the table.
        Mr. McCormack: Mr. Speaker, I ask unanimous consent that the 
    action just taken by the House in the passage of House Joint 
    Resolution 256 be vacated and that the resolution be laid on the 
    table.
        The Speaker: Without objection, it is so ordered.
        There was no objection.

On Italy

Sec. 6.3 After receiving a message that the Senate had passed the 
    measure, the House by yea and nay vote suspended the rules and 
    agreed to a Senate joint resolution declaring a state of war 
    between the United States and the Government of Italy.

    On Dec. 11, 1941,(17) the House by a vote of yeas 399, 
present 1, not voting 30, suspended the rules and passed Senate Joint 
Resolution 120, declaring a state of war between the United States and 
the Government of Italy, after receiving a message that the Senate had 
agreed to the measure.(18)
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17. 87 Cong. Rec. 9666, 9667 77th Cong. 1st Sess.
18. See Sec. 11.2, infra, for the President's request for a declaration 
        of war; and Sec. 7.3, infra, for Senate approval.
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                          Message From the Senate

        A message from the Senate, by Mr. Frazier, its legislative 
    clerk, announced that the Senate had passed joint resolutions of 
    the following titles, in which the concurrence of the House is 
    requested: . . .

            S.J. Res. 120. Joint resolution declaring that a state of 
        war exists between the Government of Italy and the Government 
        and the people of the United States and making provision to 
        prosecute the same. . . .

        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I move 
    to suspend the rule and pass Senate Joint Resolution 120, which I 
    have sent to the Clerk's desk.
        The Clerk read as follows:

            Whereas the Government of Italy has formally declared war 
        against the Government and the people of the United States of 
        America: Therefore be it
            Resolved, etc., That the state of war between the United 
        States and the Government of Italy, which has thus been thrust 
        upon the United States, is hereby formally declared. . . .

        The Speaker: (~19) The question is, Will the House 
    suspend the rules and pass the resolution?
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19. Sam Rayburn (Tex.).

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[[Page 1799]]

        Mr. McCormack: Mr. Speaker, on this vote I ask for the yeas and 
    nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 399, answered 
    ``present'' 1, not voting 30, as follows: . . .
        So, two-thirds having voted in favor thereof, the rules were 
    suspended and the resolution was agreed to.
        A motion to reconsider was laid on the table.

On Bulgaria

Sec. 6.4 The House by yea and nay vote suspended the rules and 
    unanimously approved a House resolution formally declaring a state 
    of war between the United States and the Government of Bulgaria.

    On June 3, 1942,(20) the House by a vote of yeas 357, 
nays 0, not voting 73, agreed to a motion by Mr. John W. McCormack, of 
Massachusetts, to suspend the rules (1) and pass House Joint 
Resolution 319, declaring a formal state of war between the United 
States and Bulgaria.(2)
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20. 88 Cong. Rec. 4816, 4817, 77th Cong. 2d Sess.
 1. The Speaker had been authorized by unanimous consent to recognize 
        Members for suspension of the rules. 88 Cong. Rec. 4799, 77th 
        Cong. 2d Sess., June 2, 1942.
 2. See Sec. 11.3, infra, for the President's request for a declaration 
        of war; and Sec. 7.4, infra, for Senate approval of this 
        measure.
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        Mr. McCormack: Mr. Speaker, I move to suspend the rules and 
    pass the joint resolution (H.J. Res. 319) declaring that a state of 
    war exists between the Government of Bulgaria and the Government 
    and the people of the United States and making provisions to 
    prosecute the same.
        The Clerk read as follows:

            Whereas the Government of Bulgaria has formally declared 
        war against the Government and the people of the United States 
        of America: Therefore be it
            Resolved, etc., That the state of war between the United 
        States and the Government of Bulgaria, which has thus been 
        thrust upon the United States, is hereby formally declared. . . 
        .

        Mr. McCormack: Mr. Speaker, on that motion I demand the yeas 
    and nays.
        The yeas and nays were ordered.
        The Speaker: (3) The question is, Will the House 
    suspend the rules and pass the joint resolution.
---------------------------------------------------------------------------
 3. Sam Rayburn (Tex.).
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        The question was taken; and there were--yeas 357, nays 0, not 
    voting 73, as follows: . . .
        So (two-thirds having voted in favor thereof) the rules were 
    suspended and the joint resolution was passed.
        The result of the vote was announced as above recorded.
        A motion to reconsider was laid on the table.

On Hungary

Sec. 6.5 The House by yea and nay vote suspended the rules and 
    unanimously approved a

[[Page 1800]]

    House joint resolution formally declaring a state of war between 
    the United States and the Government of Hungary.

    On June 3, 1942,(4) the House by a vote of yeas 360, 
nays 0, not voting 70, agreed to a motion made by Mr. John W. 
McCormack, of Massachusetts, to suspend the rules (5) and 
pass House Joint Resolution 320, declaring a formal state of war 
between the United States and the Government of Hungary.(6)
---------------------------------------------------------------------------
 4. 88 Cong. Rec. 4817, 4818, 77th Cong. 2d Sess.
 5. The Speaker had been authorized by unanimous consent to recognize 
        Members for suspension of the rules. See 88 Cong. Rec. 4799, 
        77th Cong. 2d Sess., June 2, 1942.
 6. See Sec. 11.3, infra, for the President's request for the 
        declaration of war; and Sec. 7.5, infra, for Senate approval of 
        this joint resolution.
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        Mr. McCormack: Mr. Speaker, I move to suspend the rules and 
    pass the joint resolution (H.J. Res. 320) declaring that a state of 
    war exists between the Government of Hungary and the Government and 
    the people of the United States and making provisions to prosecute 
    the same.
        The Clerk read as follows:

            Whereas the Government of Hungary has formally declared war 
        against the Government and the people of the United States of 
        America: Therefore be it
            Resolved, etc, That the state of war between the United 
        States and the Government of Hungary which has thus been thrust 
        upon the United States is hereby formally declared. . . .

        Mr. McCormack: Mr. Speaker, on that motion I demand the yeas 
    and nays.
        The yeas and nays were ordered.
        The Speaker: (7) The question is, Will the House 
    suspend the rules and pass the joint resolution?
---------------------------------------------------------------------------
 7. Sam Rayburn (Tex.).
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        The question was taken; and there were--yeas 360, nays 0, not 
    voting 70, as follows: . . .
        So (two-thirds having voted in favor thereof) the rules were 
    suspended and the joint resolution was passed.

        The result of the vote was announced as above recorded.
        A motion to reconsider was laid on the table.

On Rumania

Sec. 6.6 The House by yea and nay vote suspended the rules and 
    unanimously agreed to a House joint resolution declaring a formal 
    state of war between the United States and the Government of 
    Rumania.

    On June 3, 1942,(8) the House by a vote of yeas 361, 
nays 0, not voting 69, agreed to a motion made by Mr. John W. 
McCormack, of Massachusetts, to suspend the rules (9~) and 
pass House

[[Page 1801]]

Joint Resolution 321, declaring a formal state of war between the 
United States and the Government of Rumania.(10)
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 8. 88 Cong. Rec. 4818, 77th Cong. 2d Sess.
 9. The Speaker had been authorized by unanimous consent to recognize 
        Members for suspension of the rules. See 88 Cong. Rec. 4799, 
        77th Cong. 2d Sess., June 2, 1942.
10. See Sec. 11.3, infra, for the President's request for a declaration 
        of war, and Sec. 7.6, infra, for Senate approval of this 
        measure.
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        Mr. McCormack: Mr. Speaker, I move to suspend the rules and 
    pass the joint resolution ( H.J. Res. 321) declaring that a state 
    of war exists between the Government of Rumania and the Government 
    and the people of the United States, and making provisions to 
    prosecute the same.
        The Clerk read as follows:

            Whereas the Government of Rumania has formally declared war 
        against the Government and the people of the United States of 
        America: Therefore be it
            Resolved, etc., That the state of war between the United 
        States and the Government of Rumania which has thus been thrust 
        upon the United States is hereby formally declared. . . .

        Mr. McCormack: Mr. Speaker, on that motion I demand the yeas 
    and nays.
        The yeas and nays were ordered.
        The Speaker: 11 The question is, Will the House 
    suspend the rules and pass the joint resolution?
---------------------------------------------------------------------------
11. Sam Rayburn ( Tex.).
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        The question was taken; and there were--yeas 361, nays 0, not 
    voting 69, as follows: . . .
        So (two-thirds having voted in favor thereof) the rules were 
    suspended and the joint resolution was passed.
        The result of the vote was announced as above recorded.
        A motion to reconsider was laid on the table.