[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 22. Calendars]
[B. Consent Calendar]
[Â§ 6. Precedence Over Other House Business]
[From the U.S. Government Publishing Office, www.gpo.gov]


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                               CHAPTER 22
 
                               Calendars
 
                          B. CONSENT CALENDAR
 
Sec. 6. Precedence Over Other House Business

    The Consent Calendar is called on the first and third Mondays 
immediately after approval of the Journal.(14) It takes 
precedence over motions to resolve into Committee of the Whole for 
consideration of revenue and appropriation bills,(15) 
contested election cases,(16) and unfinished business on 
which the previous question was pending at adjournment on the previous 
day.(17)
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14. Rule XIII clause 4, House Rules and Manual Sec. 746 (1981).
15. 7 Cannon's Precedents Sec. 986.
16. 7 Cannon's Precedents Sec. 988.
17. See Sec. 6.1, infra.
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    The calendar yields to reports from the Committee on 
Rules,(18) questions of privilege,(19) and 
resolutions of inquiry.(20)
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18. 59 Cong. Rec. 598, 66th Cong. 2d Sess., Dec. 15, 1919.
19. 6 Cannon's Precedents Sec. 553.
20. 6 Cannon's Precedents Sec. 409.
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Precedence Over Unfinished Business

Sec. 6.1 The calling of the Consent Calendar on the first and third 
    Mondays of the month has precedence over unfinished business coming 
    over from the previous day on which the previous question was 
    ordered.(1)
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 1. Business under consideration on ``consent day'' and undisposed of 
        at adjournment does not come up as unfinished business on the 
        following legislative day but goes over to the next day when 
        that class of business is again in order. 7 Cannon's Precedents 
        Sec. 1005.
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    On Mar. 17, 1934,(2) during consideration of the cotton 
control bill (H.R. 8402), Mr. Joseph W. Byrns, of Tennessee, raised the 
following parliamentary inquiry:
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 2. 78 Cong. Rec. 4721, 73d Cong. 2d Sess.
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        Mr. Byrns: Suppose this bill should reach the previous-question 
    stage today and a roll call be ordered, would the roll call be in 
    order at 12 o'clock on Monday?
        The Speaker: (3) The Chair reads from Cannon's 
    Procedure, referring to the call of the Consent Calendar on Monday, 
    which includes suspensions:
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 3. Henry T. Rainey (Ill.).
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            It (the calling of the Consent Calendar) also has 
        precedence of con

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        tested-election cases and unfinished business coming over from 
        the previous day with the previous question ordered. . . .

        Mr. [John J.] O'Connor (of New York): Mr. Speaker, I understand 
    that the question just read is based on a decision by Mr. Speaker 
    Gillett reported in Hinds' Precedents. Mr. Gillett's decision does 
    not go as far as that. What Mr. Speaker Gillett held was that it 
    was discretionary, and that the vote was of equal privilege with 
    the calling of the Consent Calendar, and therefore it would be in 
    the discretion of the Speaker.
        The Speaker: Since the rule is mandatory, we would have to go 
    ahead with the consideration of the Consent Calendar.(4)
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 4. But see 7 Cannon's Precedents Sec. 990 for a ruling by Speaker 
        Frederick H. Gillett (Mass.) that a vote on a matter on which 
        the previous question is ordered and the call of the Consent 
        Calendar are both privileged on the day for the call of the 
        Consent Calendar.
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Precedence of Conference Report

Sec. 6.2 Consideration of conference reports may take precedence over 
    the calling of the Consent Calendar.

    On Nov. 30, 1945,(5) Mr. Clarence Cannon, of Missouri, 
and Mr. John W. McCormack, of Massachusetts, asked unanimous consent 
that consideration of a conference report take precedence over the call 
of the Consent Calendar on the following Monday. The Chair ruled:
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 5. 91 Cong. Rec. 11279, 79th Cong. 1st Sess.
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        The Speaker: (6) It is not necessary to obtain 
    unanimous consent for that. The Chair can recognize the gentleman 
    to call up the conference report before the call of the Consent 
    Calendar and will do so.
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 6. Sam Rayburn (Tex.).
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Superseding Calendar by Unanimous Consent

Sec. 6.3 A unanimous-consent agreement providing for a special order of 
    business may supersede the call of the Consent Calendar.

    On Mar. 4, 1957,(7) the House granted unanimous consent 
that Mr. Frederic R. Coudert, Jr., of New York, address the House for 
one hour to commemorate the 168th anniversary of the Congress. Mr. 
Wayne N. Aspinall, of Colorado, raised a parliamentary inquiry as to 
whether the Consent Calendar was the proper business before the House. 
The Chair responded:
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 7. 103 Cong. Rec. 2753, 85th Cong. 1st Sess.
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        The Speaker: (8) Not before this recognition. This 
    was made the special order of business at this time.(9)
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 8. Sam Rayburn (Tex.).
 9. Compare 7 Cannon's Precedents Sec. 978, indicating that the Speaker 
        may decline to recognize a request for unanimous consent to 
        call other business when the Consent Calendar is in order.

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