[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 23. Motions]
[D. Motions for the Previous Question]
[Â§ 18. Time for Motion]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4606-4609]
 
                               CHAPTER 23
 
                                Motions
 
                  D. MOTIONS FOR THE PREVIOUS QUESTION
 
Sec. 18. Time for Motion

Within Time Fixed for Debate

Sec. 18.1 Where the House by unanimous consent fixes time and control 
    of debate, the previous question may be moved at any time within 
    that period, and it is not necessary for the Member in charge to 
    yield the full time agreed upon.

    On Mar. 11, 1941,(13) the House was considering House 
Resolution 131 (providing for the consideration of H.R. 1776, relating 
to the promotion of national defense) pursuant to a unanimous-consent 
agreement which stipulated that debate was to continue not to exceed 
two hours. Before the expiration of the allotted time, Mr. Sol Bloom, 
of New York, made the following statement:
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13. 87 Cong. Rec. 2177, 2178, 77th Cong. 1st Sess.
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        Mr. Bloom: . . . Mr. Speaker, I do not desire to use any more 
    time nor to yield any additional time, so I ask for a vote on the 
    resolution.
        Mr. Martin J. Kennedy [of New York]: Mr. Speaker, a point of 
    order.
        The Speaker: (14) The gentleman will state it.
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14. Sam Rayburn (Tex.).
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        Mr. Martin J. Kennedy: Mr. Speaker, the House is proceeding in 
    its consideration of the Senate amendments to H.R. 1776 under a 
    unanimous-consent agreement granted yesterday--Monday, March 10. 
    The minutes of this action may be found on pages 2142 and 2143 of 
    the Congressional Record. I was present in the House at the time 
    the request was made and, because of the understanding as to the 
    division of time, I did not object. . . .
        Under the rules of the House, a proceeding by unanimous consent 
    cannot be dissolved except by unanimous consent of the House. 
    Therefore, the time of 2 hours, fixed for debate, not having 
    elapsed, and with a proper request for time not being granted by 
    the gentleman in charge of the time--the chairman of the Committee 
    on Foreign Affairs--I make a point of order that

[[Page 4607]]

    the action of the chairman of the Committee on Foreign Affairs in 
    moving the previous question prior to the expiration of the agreed 
    time of only 2 hours is not in order and comes prematurely.
        The Speaker: The unanimous-consent request agreed to yesterday 
    left control of the time in the hands of the gentleman from New 
    York [Mr. Bloom] and the gentleman from New York [Mr. Fish]. At any 
    time those gentlemen do not desire to yield further time, 
    compliance with the request has been had.

During Debate on Motion to Postpone

Sec. 18.2 A Member moving to postpone further consideration of a veto 
    message to a day certain having been recognized, he may move the 
    previous question on that motion at any time.

    On June 23, 1970,(15) the House received the vetoed 
message on H.R. 11102, the medical facilities construction and 
modernization amendments of 1970. The following then occurred:
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15. 116 Cong. Rec. 20877, 91st Cong. 2d Sess.
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        Mr. [Harley O.] Staggers [of West Virginia]: Mr. Speaker, I 
    move that further consideration of the veto message of the 
    President be postponed until Thursday, June 25, 1970.
        Mr. Speaker, the reason I ask for this postponement is to serve 
    notice on all Members of the House and to give everyone an 
    opportunity to study the veto message and to participate in what I 
    think is a highly important matter.
        Mr. Speaker, I move the previous question on the motion.
        The previous question was ordered.
        The Speaker: (16) The question is on the motion 
    offered by the gentleman from West Virginia (Mr. Staggers).
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16. John W. McCormack (Mass.).
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        The motion was agreed to.
        A motion to reconsider was laid on the table.

Pending Offering of Amendment

Sec. 18.3 The previous question may be moved pending the offering of an 
    amendment by a Member to whom the floor was yielded for that 
    purpose, and the previous question must be voted down before that 
    Member is recognized to offer the amendment.

    On Nov. 8, 1971,(17) the House was considering House 
Joint Resolution 191, proposing an amendment to the Constitution 
relating to a nondenominational prayer in public buildings. During the 
debate the following occurred:
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17. 117 Cong. Rec. 39945, 92d Cong. 1st Sess.
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        Mr. [Chalmers P.] Wylie [of Ohio]: Mr. Speaker, I yield to the 
    gentleman from Alabama (Mr. Buchanan) for the purpose of offering 
    an amendment.

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        Mr. [John H.] Buchanan [Jr.]: Mr. Speaker, I have an amendment 
    at the desk.
        The Speaker: (18) Does the gentleman realize he will 
    lose control of the time?
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18. Carl Albert (Okla.).
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        Mr. Wylie: The gentleman realizes he loses control of the time. 
    I do yield to the gentleman from Alabama for the purpose of 
    offering an amendment.
        The Speaker: The gentleman has yielded the floor.

                        Motion Offered by Mr. Celler

        Mr. [Emanuel] Celler [of New York]: Mr. Speaker, I move the 
    previous question on House Joint Resolution 191.
        The Speaker: The motion is completely and highly privileged and 
    is in order.

                           Parliamentary Inquiry

        Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state it.
        Mr. Gerard R. Ford: Mr. Speaker, if the previous question is 
    voted down, does that permit the offering of an amendment by the 
    gentleman from Alabama (Mr. Buchanan)?
        The Speaker: If it is voted down, any proper motion can be 
    made.
        The question is on the motion offered by the gentleman from New 
    York (Mr. Celler).
        The motion was rejected.

Time to Move Previous Question on Preamble

Sec. 18.4 A motion for the previous question on a pending resolution 
    does not cover the preamble thereto unless the motion so provides; 
    and a motion to order the previous question on the preamble is in 
    order following the vote whereby the resolution is agreed to.

    On Mar 1, 1967,(1) the House was considering House 
Resolution 278, relating to the rights of Representative-elect Adam 
Clayton Powell, Jr., of New York, to be sworn in. After the resolution 
and amendment were agreed to the following took place:
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 1. 113 Cong. Rec. 5038, 5039, 90th Cong. 1st Sess.
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        Mr. [Thomas B.] Curtis [of Missouri]: Mr. Speaker, I move the 
    previous question on the adoption of the preamble.
        Mr. [Phillip] Burton of California: Mr. Speaker, a point of 
    order.
        The Speaker: (2) The gentleman from California will 
    state his point of order.
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 2. John W. McCormack (Mass.).
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        Mr. Burton of California: The gentleman from Missouri is urging 
    a motion that duplicates an action already taken by the House. The 
    House already has had a motion to close debate on the preamble and 
    on the resolution as amended.
        We have already had that vote. I make the point of order that 
    the gentleman's request and/or motion is out of order. I think the 
    record of the proceedings of the House will indicate

[[Page 4609]]

    that the point being advocated reflects accurately the proceedings 
    as they have transpired.
        The Speaker: The Chair will state that the previous question 
    was ordered on the amendment and the resolution but not on the 
    preamble.