[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 13. Powers and Prerogatives of the House]
[E. Relations With Executive Branch]
[Â§ 22. In General; Confirmation of Nomination for Vice President]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1900-1903]
 
                               CHAPTER 13
 
                  Powers and Prerogatives of the House
 
                   E. RELATIONS WITH EXECUTIVE BRANCH
 
Sec. 22. In General; Confirmation of Nomination for Vice President


    Amendment 25, section 2, of the Constitution (16) 
provides:
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16. See House Rules and Manual Sec. 282c (1973).

        Whenever there is a vacancy in the office of the Vice 
    President, the President shall nominate a Vice President who shall 
    take office upon confirmation by a majority vote of both Houses of 
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    Congress.


                          -------------------Gerald R. Ford

Sec. 22.1 After adopting a rule which waived the three-day layover 
    requirement for committee reports and provided for Committee of the 
    Whole consideration under general debate, the House agreed to a 
    resolution confirming the nomination of House Minority Leader 
    Gerald R. Ford, of Michigan, as Vice President of the United 
    States, pursuant to the 25th amendment, and then received a message 
    announcing the Senate's confirmation of the nomination.

    On Dec. 6, 1973,(17) after adopting House Resolution 738 
(the rule for consideration which waived the three-day layover 
requirement), the House by voice vote agreed to House Resolution 735, 
confirming the nomination of Mr. Gerald R. Ford to be Vice President, 
pursuant to the 25th amendment.
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17. 119 Cong. Rec. 39807, 39812, 39813, 39899, 93d Cong. 1st Sess.
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        Mr. [James J.] Delaney [of New York]: Mr. Speaker, by direction 
    of the Committee on Rules I call up House Resolution 738 and ask 
    for its immediate consideration.
        The Clerk read the resolution as follows:

                                  H. Res. 738

            Resolved, That upon the adoption of this resolution it 
        shall be in order to move, clause 27(d) (4) of rule XI 
        (18) to the contrary notwithstanding, that the House 
        resolve itself into the Committee of the Whole House on the 
        State of the Union for the consideration of the resolution (H. 
        Res. 735) confirming the nomination of Gerald R. Ford, of the 
        State of Michigan, to be Vice President of the United States. 
        After general debate, which shall be confined to the resolution 
        and shall continue not to exceed six hours, to be equally 
        divided and controlled by the chairman and ranking minority 
        member of the Committee on the Judiciary, the Committee shall 
        rise and report the resolution to the House,

[[Page 1901]]

        and the previous question shall be considered as ordered on the 
        resolution to final passage.
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18. House Rules and Manual Sec. 735(d)(4) (1973).
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        The Speaker: (19) The gentleman from New York is 
    recognized for 1 hour.
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19. Carl Albert (Okla.).
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        Mr. Delaney: Mr. Speaker, I yield 30 minutes of that hour to 
    the gentleman from Illinois (Mr. Anderson) pending which I now 
    yield myself such time as I may consume.
        Mr. Speaker, this resolution makes in order consideration of 
    House Resolution 735, a simple resolution providing for the 
    confirmation of the Honorable Gerald R. Ford of the State of 
    Michigan to be Vice President of the United States. The resolution 
    provides for 6 hours of general debate. It also provides that 
    points of order against clause 27(d)(4) of rule XI of the Rules of 
    the House of Representatives be waived. That simply means that we 
    are waiving the 3-day rule.
        Mr. Speaker, I urge adoption of House Resolution 738 in order 
    that we may discuss and debate House Resolution 735. . . .
        The Speaker: The question is on the resolution.
        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.
        Ms. [Elizabeth] Holtzman [of New York]: 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: Evidently a quorum is not present.
        The Sergeant at arms will notify absent Members.
        The vote was taken by electronic device, and there were--yeas 
    389, nays 15, not voting 29, as follows: . . .
        The result of the vote was announced as above recorded.
        A motion to reconsider was laid on the table.
        Mr. [Peter W.] Rodino [Jr., of New Jersey]: Mr. Speaker, I move 
    that the House resolve itself into the Committee of the Whole House 
    on the State of the Union for the consideration of the resolution 
    (H. Res. 735) confirming the nomination of Gerald R. Ford, of the 
    State of Michigan, to be Vice President of the United States.
        The Speaker: The question is on the motion offered by the 
    gentleman from New Jersey (Mr. Rodino).
        The motion was agreed to. . . .
        Mr. Rodino: Mr. Chairman, I have no further requests for time.
        Mr. [Edward] Hutchinson [of Michigan]: Mr. Chairman, I have no 
    further requests for time.
        The Chairman: (1) Under the rule the Committee 
    rises.
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 1. Wright Patman (Tex.).
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        Accordingly the Committee rose; and the Speaker having resumed 
    the chair, Mr. Patman, Chairman of the Committee of the Whole House 
    on the State of the Union, reported that that Committee, having had 
    under consideration the resolution (H. Res. 735) confirming the 
    nomination of Gerald R. Ford, of the State of Michigan, to be Vice 
    President of the United States, pursuant to House Resolution 738, 
    he reported the resolution back to the House.
        The Speaker: Under the rule, the previous question is ordered.

[[Page 1902]]

        The question is on the resolution.
        Mr. Hutchinson: 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 
    387, nays 35, not voting 11, as follows: . . .
        So the resolution was agreed to.(2)
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 2. President Nixon's nomination was referred to the Committee on the 
        Judiciary, chaired by Mr. Rodino, on Oct. 13, 1973 (119 Cong. 
        Rec. 34032, 93d Cong. 1st Sess.). That committee reported out 
        H. Res. 735 (H. Rept. No. 93-695) on Dec. 4, 1973 (119 Cong. 
        Rec. 39419, 93d Cong. 1st Sess.).
            See also 120 Cong. Rec. 41516, 41517, 93d Cong. 2d Sess., 
        Dec. 19, 1974, for House approval, 287 yeas to 128 nays, of H. 
        Res. 1511, confirming the nomination of Nelson A. Rockefeller 
        to be Vice President, and 120 Cong. Rec. 38936, 93d Cong. 2d 
        Sess., Dec. 10, 1974, for Senate approval, 90 yeas to 7 nays, 
        of this nomination.
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    Following this action, the House received a message from the Senate 
announcing that body's confirmation.(3)
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 3. 119 Cong. Rec. 39900, 93d Cong. 1st Sess., Dec. 6, 1973.
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        A further message from the Senate by Mr. Arrington, one of its 
    clerks, announced that the Senate did, on November 27, 1973, 
    pursuant to section 2 of the 25th amendment to the Constitution of 
    the United States, confirm the nomination of the Honorable Gerald 
    R. Ford of Michigan to be Vice President of the United 
    States.(4)
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 4. See 119 Cong. Rec. 38225. 93d Cong. 1st Sess., Nov. 27, 1973, for 
        Senate confirmation by a vote of 92 yeas, 3 nays.
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Buckley v Valeo; Effect on Congressional Appointment Authority

Sec. 22.2 Parliamentarian's Note: In reviewing the Federal Election 
    Campaign Act Amendments of 1974 (Pub. L. No. 93-443, 83 Stat. 
    1263), the United States Supreme Court held that the procedure for 
    appointing members of the Federal Election Commission by the 
    Speaker of the House and President pro tempore of the Senate 
    violated article II, section 2, clause 2, the Appointments Clause, 
    which provides that the President shall nominate, and with the 
    advice and consent of the Senate, appoint all ``Officers of the 
    United States.'' In reaching this holding, the Court found that 
    members of the commission were ``Officers of the United States'' 
    whom only the President could nominate and, with the advice and 
    consent of the Senate, appoint. This finding was based on the fact 
    that the Federal Election Commission was granted not only 
    investigatory and information-gathering functions

[[Page 1903]]

    which may constitutionally be exercised by Congress, but also 
    rulemaking and enforcement powers which have been delegated to 
    other branches of government. The Speaker and President pro tempore 
    may appoint members to commissions whose authority is restricted to 
    investigation and information-gathering. Buckley v Valeo, 424 U.S. 
    1 (1976).