[Deschler's Precedents, Volume 5, Chapters 18 - 20]
[Chapter 20. Calls of the House; Quorums]
[B. Effect of Presence or Absence of a Quorum]
[Â§ 11. As Related to the Journal]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3649-3655]
 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
              B. EFFECT OF PRESENCE OR ABSENCE OF A QUORUM
 
Sec. 11. As Related to the Journal

    Rule I clause 1 (16) directs the Speaker to examine the 
Journal of
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16. House Rules and Manual Sec. 621 (1979).
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[[Page 3650]]

the preceding legislative day and announce his approval thereof to the 
House. His approval is subject to ratification by the House, and, when 
demanded, this question is put to the House and is subject to a vote. 
One fifth of those present may demand the constitutional yeas and nays 
or an ``automatic'' yea and nay vote under Rule XV clause 4 may result 
if a quorum is not present.(17)
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17. See Sec. 11.5, infra.
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    Provisions of the rules adopted in and subsequent to the 93d 
Congress will be discussed in detail in supplements to this edition. 
Changes in the 93d Congress provided that after the presence of a 
quorum is once ascertained, a point of order that a quorum is not 
present could not be made or entertained during the reading of the 
Journal, and Rule I clause l was amended in the 96th Congress to delete 
the requirement for the appearance of a quorum before approval of the 
Journal.                          -------------------

In General

Sec. 11.1 The Speaker having announced his approval of the Journal 
    under Rule I clause 1,(18) a Member may cause an 
    automatic roll call to be taken on the question of approval of the 
    Journal by the House.
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18. See House Rules and Manual Sec. 621 (1979).
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    On Oct. 14, 1972,(19) an automatic call of the House was 
taken on the question of approval of the Journal.(20)
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19. 118 Cong. Rec. 36361, 36362, 92d Cong. 2d Sess.
20. See also 117 Cong. Rec. 28331, 28332, 92d Cong. 1st Sess., July 30, 
        1971, for another illustration of this principle.
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        The Speaker: (1) The Chair has examined the Journal 
    of the last day's proceedings and announces to the House his 
    approval thereof.
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 1. Carl Albert (Okla.).
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        Without objection, the Journal stands approved.
        Mr. [Robert C.] Eckhardt [of Texas]: Mr. Speaker, I object.
        The Speaker: The question is on the approval of the Journal of 
    the last day's proceedings.
        The question was taken, and the Speaker announced that the ayes 
    appeared to have it.
        Mr. Eckhardt: 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, and the Clerk 
    will call the roll.
        The question was taken; and there were--yeas 248, nays 3, not 
    voting 180, as follows: . . .

[[Page 3651]]

        So the Journal of the last day's proceedings was approved.

Sec. 11.2 Under earlier rules permitting such procedure, the House has 
    adjourned before the Journal was read, pending a point of order 
    that a quorum was not present.

    On Dec. 7, 1963,(2) the House adjourned before the 
Journal was read.
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 2. 109 Cong. Rec. 23751, 23752, 88th Cong. 1st Sess.
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        The House met at 12 o'clock noon.
        The Chaplain, Rev. Bernard Braskamp, D.D., offered the 
    following prayer: . . .
        Mr. [William K.] Van Pelt [of Wisconsin]: Mr. Speaker, I make 
    the point of order that a quorum is not present. . . .
        Mr. [John E.] Moss [Jr., of California]: Mr. Speaker, I move 
    that the House do now adjourn.
        The motion was agreed to; accordingly (at 12 o'clock and 2 
    minutes p.m.) the House adjourned until Monday, December 9, 1963, 
    at 12 o'clock noon. order

    Parliamentarian's Note: Rule XXIV clause 1,(3) which 
prescribes the order of business, provides that business on the 
Speaker's table is not disposed of until the Journal has been read and 
approved. Executive communications on the Speaker's table on this 
occasion were held and referred on Dec. 9, 1963.
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 3. See House Rules and Manual Sec. 878 (1979).
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    The House met on Saturday, Dec. 7, because the leadership had been 
informed that objection would be raised against any unanimous-consent 
request that the House adjourn from Friday to Monday. Meeting on 
Saturday fulfilled the ``seven legislative days'' requirement of Rule 
XXVII clause 4,(4) and made possible the filing of a 
discharge petition against House Resolution 574 (providing for 
consideration of H.R. 7152, the Civil Rights Act of 1963) on Monday, 
Dec. 9.
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 4. See House Rules and Manual Sec. 908 (1979).
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Reading and Approval of the Journal

Sec. 11.3 The roll has been called to ascertain a quorum prior to 
    reading the Journal.

    On Apr. 26, 1948,(5) a call of the House was ordered, 
before the Journal was read.
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 5. 94 Cong. Rec. 4834, 80th Cong. 2d Sess.
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        The Speaker: (6) The Clerk will read the Journal.
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 6. Joseph W. Martin, Jr. (Mass.).
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        Mr. [Ellsworth B.] Buck [of New York]: A point of order, Mr. 
    Speaker. I make the point of order that a quorum is not present.
        The Speaker: Will the gentleman withhold his point of order 
    until after the Journal is read?

[[Page 3652]]

        Mr. Buck: I regret that I must insist on my point of order. Mr. 
    Speaker.
        The Speaker: Will the gentleman withhold his point of order so 
    that the Chair may swear in a new Member?
        Mr. Buck: Yes, Mr. Speaker.

                 Communication From the Clerk of the House

        The Speaker laid before the House the following communication 
    from the Clerk of the House:
                                                   April 24, 1948.
        The Honorable the Speaker,
        House of Representatives.

            Sir: A certificate of election in due form of law showing 
        the election of Hon. John Albert Whitaker as a Representative-
        elect to the Eightieth Congress from the Second Congressional 
        District of the State of Kentucky, to fill the vacancy caused 
        by the resignation of Hon. Earle C. Clements, is on file in 
        this office.
              Very truly yours,
                                                 John Andrews,  
                                                    Clerk of the
                                         House of Representatives.

                           Swearing in of Member

        Mr. [John A.] Whitaker [of Kentucky] appeared at the bar of the 
    House and took the oath of office.

                             Call of the House

        Mr. Buck: Mr. Speaker, I make the point of order that a quorum 
    is not present.
        The Speaker: Obviously a quorum is not present.
        Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, I move a 
    call of the House.
        A call of the House was ordered.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker:  On this roll call, 351 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.
        The Journal of the proceedings of Thursday, April 22, 1948, was 
    read and approved.

Sec. 11.4 A quorum call prior to the reading of the Journal, and 
    another quorum call during its reading in full, delayed further 
    consideration of a bill.

    On Mar. 26, 1965,(7) a day scheduled for further 
consideration of H.R. 2362, the Elementary and Secondary Education Act 
of 1965, quorum calls were raised both before and during the reading of 
the Journal.(8)
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 7. 111 Cong. Rec. 6093-95, 89th Cong. 1st Sess.
 8. Rule XV clause 6(c)(1), [House Rules and Manual Sec. 774c (1979)] 
        adopted on Apr. 9, 1974, providing that after the presence of a 
        quorum is once ascertained a further point of no quorum may not 
        be entertained during the reading of the Journal, will be 
        discussed in detail in supplements to this edition as they 
        appear.
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        The Speaker: (9) The Clerk will read the Journal of 
    the proceedings of yesterday.
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 9. John W. McCormack (Mass.).
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                             Call of the House

        Mr. [Charles E.] Goodell [of New York]: Mr. Speaker, I make the 
    point of order that a quorum is not present.

[[Page 3653]]

        The Speaker: The gentleman from New York makes the point of 
    order before the Journal is read?
        Mr. Goodell: I do, Mr. Speaker.
        The Speaker: The gentleman from New York makes the point of 
    order that a quorum is not present. Evidently a quorum is not 
    present.
        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move a call of 
    the House.
        A call of the House was ordered.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker: On this rollcall 416 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.

                                The Journal

        The Clerk proceeded to read the Journal of the proceedings of 
    yesterday.
        Mr. Glenn Andrews [of Alabama] (interrupting the reading of the 
    Journal): Mr. Speaker, I make the point of order that a quorum is 
    not present.
        The Speaker: The Chair will count. (After counting) 222 Members 
    are present, a quorum.
        The Clerk will continue the reading of the Journal.
        The Clerk proceeded to read the Journal.

                             Call of the House

        Mr. Glenn Andrews (interrupting reading of the Journal): Mr. 
    Speaker, I make the point of order that a quorum is not present.
        The Speaker: Evidently a quorum is not present.
        Mr. Albert: Mr. Speaker, I move a call of the House.
        A call of the House was ordered.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker: On this rollcall 397 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.

Sec. 11.5 After 33 calls of the House had delayed the reading and 
    approval of the Journal, the House ordered the doors to the Chamber 
    locked during a call of the House and ordered that they remain 
    locked until disposition of pending business, the reading and 
    approval of the Journal.

    The proceedings of the legislative day of Oct. 8, 1968, are shown 
elsewhere (see Sec. 6.5, supra).

Sec. 11.6 Parliamentarian's Note: Only the names of the Members who 
    failed to respond on a quorum call were spread on the Journal and 
    read in full when demand was made.

    The proceedings which took place on Sept. 13, 1965,(10) 
illustrate the procedures followed
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10. 111 Cong. Rec. 23598, 89th Cong. 1st Sess.
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[[Page 3654]]

when demand was made that the Journal be read in full.(11)
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11. For the current practice as to the reading of the Journal, see Ch. 
        5, supra.
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Receipt of Messages

Sec. 11.7 A point of no quorum was made during the reading of the 
    Journal and, at the request of the Chair, was withheld to permit 
    the reception of a message from the Senate.

    On Aug. 27, 1962,(12) a point of no quorum was withheld 
to permit receipt of a message from the Senate.(1)
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12. 108 Cong. Rec. 17651, 17652, 87th Cong. 2d Sess.
 1. See also 108 Cong. Rec. 19940, 87th Cong. 2d Sess., Sept. 19, 1962, 
        for another illustration of this principle.
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                                The Journal

        The Speaker: (2) The Clerk will read the Journal of 
    the last day's proceedings.
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 2. John W. McCormack (Mass.).
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        The Clerk read as follows:

            Journal of the proceedings of Thursday, August 23, 1962.

        Mr. [John Bell] Williams [of Mississippi] (interrupting the 
    reading of the Journal): Mr. Speaker, I make the point of order 
    that a quorum is not present.
        The Speaker: Will the gentleman withhold the point of order to 
    permit the Chair to receive a message?
        Mr. Williams: I withhold the point of order. . . .
        A message from the Senate by Mr. McGown, one of its clerks, 
    announced that the Senate had passed without amendment bills of the 
    House of the following titles:

            H.R. 2446. An act to provide that hydraulic brake fluid 
        sold or shipped in commerce for use in motor vehicles shall 
        meet certain specifications prescribed by the Secretary of 
        Commerce. . . .

        The Speaker: The gentleman from Mississippi makes the point of 
    order that a quorum is not present.
        Evidently a quorum is not present.
        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move a call of 
    the House.
        A call of the House was ordered.

Sec. 11.8 Following completion of a call of the House, the Speaker 
    received a message from the President before ordering the Clerk to 
    resume reading the Journal.

    On Aug. 27, 1962,(3) Speaker John W. McCormack, of 
Massachusetts, permitted receipt of a Presidential message following 
completion of a call of the House and prior to resumption of reading of 
the Journal.
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 3. 108 Cong. Rec. 17653, 87th Cong. 2d Sess.
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        Mr. [Carl] Albert [of Oklahoma]: Mr. Speaker, I move that 
    further proceedings under the call of the House be dispensed with. 
    . . .

[[Page 3655]]

        The Speaker: . . . The question is on the motion to dispense 
    with further proceedings under the call.
        The question was taken. . . .
        Mr. [John Bell] Williams [of Mississippi]: Mr. Speaker, I 
    demand a division.
        The House divided and there were--ayes 146, noes 19.
        Mr. Williams: Mr. Speaker, on that I demand the yeas and nays.
        The yeas and nays were refused.
        So the motion was agreed to.

                         Message From the President

        A message in writing from the President of the United States 
    was communicated to the House by Mr. Ratchford, one of his 
    secretaries, who also informed the House that on the following 
    dates the President approved and signed bills and a joint 
    resolution of the House of the following titles:

            On August 20, 1962:
            H.R. 12547. An act to amend the act of August 7, 1946, 
        relating to the District of Columbia hospital center, to extend 
        the time during which appropriations may be made for the 
        purposes of that act. . . .

        The Speaker: The Clerk will proceed with the reading of the 
    Journal.
        The Clerk continued the reading of the Journal.

Refusal of Point of No Quorum

Sec. 11.9 Although a point of no quorum may interrupt the reading of 
    the Journal, the Speaker has refused to entertain a point of no 
    quorum where a quorum has just been established by a call of the 
    House and where no further business has been transacted.

    On Jan. 22, 1971,(4) Speaker Carl Albert, of Oklahoma, 
refused to entertain a point of no quorum.
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 4. 117 Cong. Rec. 131, 92d Cong. 1st Sess.
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        Mr. [Donald W.] Riegle [Jr., of Michigan]: Mr. Speaker, I make 
    the point of order that a quorum is not present.
        The Speaker: Evidently a quorum is not present.
        Mr. Charles H. Wilson [of California]: Mr. Speaker, I move a 
    call of the House.
        A call of the House was ordered.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker: On this rollcall 373 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.

                                The Journal

        The Speaker: The Clerk will proceed with the reading of the 
    Journal.
        Mr. [James C.] Cleveland [of New Hampshire]: Mr. Speaker, I 
    make the point of order that a quorum is not present.
        The Speaker: A quorum has just been established. There has been 
    no business transacted.
        The Clerk will proceed with the reading of the Journal.

[[Page 3656]]