[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 23. Motions]
[D. Motions for the Previous Question]
[Â§ 23. Rejection of Motion as Affecting Recognition]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4630-4635]
 
                               CHAPTER 23
 
                                Motions
 
                  D. MOTIONS FOR THE PREVIOUS QUESTION
 
Sec. 23. Rejection of Motion as Affecting Recognition

Opponents of Resolution

Sec. 23.1 If the previous question is voted down on a resolution before 
    the House, recognition passes to the opponents of the resolution, 
    and the Chair recognizes one of the leaders of the opposition and 
    gives preference to a member of the minority if he ac

[[Page 4631]]

    tively opposed ordering the previous question.

    On July 20, 1939,(9) the House was considering House 
Resolution 258, providing for an investigation of the National Labor 
Relations Board. Mr. Howard W. Smith, of Virginia, moved the previous 
question on the resolution and then posed a parliamentary inquiry:
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 9. 84 Cong. Rec. 9591, 9592, 76th Cong. 1st Sess.
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        Mr. Smith of Virginia: If I understand the situation correctly, 
    if the previous question is voted down, the control of the measure 
    would pass to the gentleman from Illinois [Mr. Keller]; and the 
    resolution would not be open to amendment generally, but only to 
    such amendments as the gentleman from Illinois might yield for. Is 
    my understanding correct, Mr. Speaker?
        The Speaker: (10) If the previous question is voted 
    down, it would not necessarily pass to the gentleman from Illinois; 
    it would pass to the opponents of the resolution. Of course, a 
    representative of the minority would have the first right of 
    recognition.
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10. William B. Bankhead (Ala.).
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Sec. 23.2 The previous question on a resolution being voted down, the 
    Speaker recognized a Member opposed to the resolution to offer an 
    amendment.

    On Sept. 15, 1961,(11) the House was considering House 
Resolution 464, providing for consideration of H.R. 7927, providing for 
an adjustment of the postal rates. The following then occurred:
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11. 107 Cong. Rec. 19750, 19751, 19755, 19758, 19759, 87th Cong. 1st 
        Sess.
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        Mr. [William M.] Colmer [of Mississippi]: Mr. Speaker, I find 
    myself in somewhat of a dilemma. I am for this bill; but I am 
    against the rule. . . .
        Mr. Speaker, will the gentleman yield for the purpose of 
    offering an amendment to make this an open rule?
        Mr. [B. F.] Sisk [of California]: I do not yield for that 
    purpose.
        Mr. Speaker, I move the previous question. . . .
        The Speaker Pro Tempore: (12) . . . The question is 
    on ordering the previous question.
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12. John W. McCormack (Mass.).
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        The question was taken; and there were--yeas 142, nays 222, 
    answered ``present'' 2, not voting 71. . . .
        So the motion to order the previous question was rejected. . . 
    .
        Mr. Colmer: Mr. Speaker, I offer an amendment.

Sec. 23.3 The motion for the previous question having been rejected, 
    the Speaker recognized the Minority Leader to offer an amendment to 
    the pending resolution.

    On Jan. 10, 1967,(13) the House was considering House 
Resolution 1, relating to the right of Representative-elect Adam C. 
Powell, Jr., of New York, to take the oath
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13. 113 Cong. Rec. 24-26, 90th Cong. 1st Sess.
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[[Page 4632]]

of office. After Mr. Morris K. Udall, of Arizona, moved the previous 
question on the resolution the following occurred:

        Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, on the vote on 
    the previous question I demand the yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 126, nays 305, not 
    voting 0. . . .
        So the motion was rejected. . . .
        The Speaker: (14) The Chair recognizes the gentleman 
    from Michigan [Mr. Gerald R. Ford].
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14. John W. McCormack (Mass.).
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                  Amendment Offered by Mr. Gerald R. Ford

        Mr. Gerald R. Ford: Mr. Speaker, I offer a substitute for House 
    Resolution 1.(15)
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15. See also 113 Cong. Rec. 5019, 5029, 5036-38, 90th Cong. 1st 
        Sess., Mar. 1, 1967.
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Sec. 23.4 Where the previous question is rejected on a pending 
    resolution, the Speaker recognizes a Member opposed to the 
    resolution who may offer an amendment; and the recognition of the 
    Member is not precluded by the fact that he has been previously 
    recognized and offered an amendment which was ruled out on a point 
    of order.

    On Jan. 3, 1969,(16) the House was considering House 
Resolution 1, authorizing the Speaker to administer the oath of office 
to Representative-elect Adam C. Powell, Jr., of New York. Mr. Clark Mac 
Gregor, of Minnesota, had offered an amendment to the resolution, but 
that amendment was ruled out on a point of order. Mr. Emanuel Celler, 
of New York, the proponent of the original resolution, then moved the 
previous question on his resolution. The following occurred:
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16. 115. Cong. Rec. 25-29, 91st Cong. 1st Sess.
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        Mr. Celler: Mr. Speaker, I move the previous question and 
    insist upon the previous question. . . .
        The question was taken; and there were--yeas 172, nays 252, not 
    voting 4, not sworn 6. . . .
        So the previous question was not ordered. . . .
        Mr. MacGregor: Mr. Speaker, I have pending at the Clerk's desk 
    a resolution which I offer as a substitute for the resolution ruled 
    out on the point of order, as an amendment to House Resolution 1.

    After the Clerk read the substitute offered by Mr. MacGregor, the 
Speaker (17) stated, ``The gentleman from Minnesota is 
recognized for one hour.''
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17. John W. McCormack (Mass.).
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Sec. 23.5 Recognition to offer an amendment to a resolution

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    called up prior to the adoption of the rules passes to a Member 
    opposed to the resolution if the previous question is rejected.

    On Jan. 10, 1967,(18) the House was considering House 
Resolution 1, relating to the right of Representative-elect Adam C. 
Powell, Jr., of New York, to take the oath of office. Mr. Joe D. 
Waggonner, Jr., of Louisiana, rose with a series of parliamentary 
inquiries.
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18. 113 Cong. Rec. 14, 15, 90th Cong. 1st Sess.
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        Mr. Waggonner: Mr. Speaker, if the previous question is voted 
    down would, then, under the rules of the House, amendments or 
    substitutes be in order to the resolution offered by the gentleman 
    from Arizona [Mr. Udall]?
        The Speaker:(19) The Chair will state to the 
    gentleman from Louisiana [Mr. Waggonner] that any germane amendment 
    may be in order to that particular amendment.
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19. John W. McCormack (Mass.).
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        Mr. Waggonner: Mr. Speaker, one further parliamentary inquiry.
        The Speaker: The gentleman from Louisiana [Mr. Waggonner] will 
    state his parliamentary inquiry.
        Mr. Waggonner: Mr. Speaker, under the rules of the House would 
    the option or priority or a subsequent amendment or a substitute 
    motion lie with the minority?
        The Speaker: The Chair will pass upon that question based upon 
    the rules of the House. That would be a question that would present 
    itself to the Chair at that particular time.
        A direct answer to the question which has been posed by the 
    gentleman from Louisiana [Mr. Waggonner] would be this: Until the 
    situation arises an answer to the question which has been 
    propounded by the gentleman from Louisiana [Mr. Waggonner] cannot 
    be given by the Chair at this time. However, the usual procedure of 
    the Chair has been to the effect that the Member who led the fight 
    against the resolution will be recognized.(20)
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20. See also 115 Cong. Rec. 27-29, 91st Cong. 1st Sess., Jan 3, 
        1969.
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Opponents of Rules Committee Resolution

Sec. 23.6 In response to a parliamentary inquiry the Speaker advised 
    that if the previous question on a privileged resolution reported 
    by the Committee on Rules were voted down, the Chair would 
    recognize the Member who appeared to be leading the opposition to 
    the resolution.

    On Oct. 19, 1966,(1) the House was considering House 
Resolution 1013, establishing a Select Committee on Standards and 
Conduct. The following occurred:
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 1. 112 Cong. Rec. 27725, 89th Cong. 2d Sess.
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        Mr. [James G.] Fulton of Pennsylvania: Mr. Speaker, if the 
    previous

[[Page 4634]]

    question is refused and the resolution is then open for amendment, 
    under what parliamentary procedure will the debate continue? Or 
    what would be the time limit?
        The Speaker: (2) The Chair would recognize whoever 
    appeared to be the leading Member in opposition to the 
    resolution.(3)
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 2. John W. McCormack (Mass.).
 3. See also 116 Cong. Rec. 19837, 19840, 19843, 19844, 91st Cong. 2d 
        Sess., June 16, 1970; and 84 Cong. Rec. 2663, 2670, 2671, 2673, 
        76th Cong. 1st Sess., Mar. 13, 1939.
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Motion to Instruct Conferees

Sec. 23.7 If the previous question is voted down on a motion to 
    instruct the managers on the part of the House, the motion is open 
    to amendment, and the Speaker would recognize a Member opposed to 
    ordering the previous question to control the time and offer an 
    amendment.

    On May 29, 1968,(4) the House was considering H.R. 
15414, the Revenue and Expenditure Act of 1968. Mr. James A. Burke, of 
Massachusetts, offered a motion to instruct the managers on the part of 
the House at the conference on the disagreeing votes of the two Houses 
on the bill. The previous question was then ordered on the motion. Mr. 
Joe D. Waggonner, Jr., of Louisiana, rose with a parliamentary inquiry.
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 4. 114 Cong. Rec. 15499, 15500, 15511, 15512, 90th Cong. 2d Sess.
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        Mr. Waggonner: Mr. Speaker, should the previous question be 
    voted down would the motion be open to a preferential motion to 
    amend and would of necessity the time be controlled by those in 
    opposition to the previous question?
        The Speaker: (5) . . . The answer to the 
    parliamentary inquiry of the gentleman from Louisiana would be in 
    the affirmative.
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 5. John W. McCormack (Mass.).
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Recognition of Member of Majority

Sec. 23.8 A majority member who had led the opposition to the previous 
    question on the resolution adopting the rules was recognized, upon 
    rejection of the previous question, to offer an amendment, where no 
    minority member who had been opposed to the previous question 
    sought recognition.

    On Jan. 22, 1971,(6) the House was considering House 
Resolution 5, adopting the rules of the House for the 92d Congress. Mr. 
William M. Colmer, of Mississippi, moved the previous question on the 
resolution and the following occurred:
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 6. 117 Cong. Rec. 140, 142-44, 92d Cong. 1st Sess.
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        Mr. Colmer: . . . Mr. Speaker, I move the previous question on 
    the res

[[Page 4635]]

    olution, as I am bound to do by the caucus.
        The Speaker: (7) The question is on ordering the 
    previous question.
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 7. Carl Albert (Okla.).
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        Mr. [B.F.] Sisk [of California]: Mr. Speaker, on that I demand 
    the yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 134, nays 254, not 
    voting 46. . . .
        The Speaker: The Chair recognizes the gentleman from California 
    (Mr. Sisk).
        Mr. Sisk: Mr. Speaker, I offer an amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Sisk: On page 2, strike out lines 
        1 through 25, and on page 3, strike out lines 1 through 18.

        The Speaker: The gentleman from California is recognized for 1 
    hour.