[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 23. Motions]
[G. Unanimous-consent Requests]
[Â§ 43. Stating the Request; Withdrawal]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4747-4749]
 
                               CHAPTER 23
 
                                Motions
 
                        F. MOTIONS TO RECONSIDER
 
Sec. 43. Stating the Request; Withdrawal

Stating the Request

Sec. 43.1 The Speaker's statement of a unanimous-consent request as put 
    to the House is controlling, and he may refuse to recognize an 
    objection to the request made prior to such statement.

    On Sept. 4, 1940,(4) the following occurred after a 
divisive personal exchange between Mr. Martin L. Sweeney, of Ohio, and 
Mr. Beverly M. Vincent, of Kentucky:
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 4. 86 Cong. Rec. 11516, 11517, 76th Cong. 3d Sess.
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        Mr. Vincent of Kentucky: Mr. Speaker, I served in the World 
    War, and the World War, as I understand it then and as I understand 
    it now, was fought because we were being attacked by submarines and 
    women and children were being murdered on the high seas. For the 
    gentleman from Ohio (Mr. Sweeney) to say that President Wilson 
    brought on that war to me was untrue and the whole statement the 
    gentleman made I resented very much.
        When he finished his speech he started to sit down by me. I got 
    up and moved. I shall continue to refuse to sit by him as long as I 
    am a Member of the Congress and he is a Member. When he sat down by 
    me I got up and moved. I said I did not want to sit by a traitor to 
    my country. . . .
        Mr. [Clare E.] Hoffman [of Michigan]: Mr. Speaker, I demand 
    recognition on a point of order.
        The Speaker Pro Tempore: (5) The gentleman will 
    state it.
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 5. Jere Cooper (Tenn.).
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        Mr. Hoffman: Mr. Speaker, I demand that the words of the 
    gentleman

[[Page 4748]]

    who just left the floor be taken down, because they violate the 
    rules of the House.
        The Speaker Pro Tempore: The Clerk will report the words 
    complained of.
        Mr. Vincent of Kentucky: Mr. Speaker, I ask unanimous consent 
    to withdraw the last sentence of my statement.
        Mr. [Henry C.] Dworshak [of Idaho]: I object, Mr. Speaker.
        The Speaker Pro Tempore: The gentleman from Kentucky asks 
    unanimous consent to withdraw the statement. Is there objection? 
    The Chair hears none.
        Mr. [Frederick V.] Bradley of Michigan: I object, Mr. Speaker. 
    . . .

                           Parliamentary Inquiry

        Mr. Hoffman: Mr. Speaker, a point of order and a parliamentary 
    inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Hoffman: Mr. Speaker, a moment ago certain words were 
    uttered by the gentleman on the floor of the House which I demanded 
    be taken down. No report was made of those words. I demand the 
    regular order--the taking down of the words, and the reading by the 
    Clerk.
        The Speaker Pro Tempore: Subsequently, unanimous consent was 
    granted for the words to be withdrawn.
        Mr. Hoffman: Oh, no, Mr. Speaker; three Members were on their 
    feet. I was one of them, and objecting to that.
        The Speaker Pro Tempore: That was the ruling of the Chair.

Requests Put in the Alternative

Sec. 43.2 The Speaker does not entertain unanimous-consent requests put 
    in the alternative, but requires the Member to put the requests one 
    at a time.

    On Oct. 31, 1963,(6) a dispute arose between Mr. Edgar 
Franklin Foreman, of Texas, and Mr. Henry B. Gonzalez, also of Texas. 
The Speaker, John W. McCormack, of Massachusetts, ruled that the use of 
certain words contained in the remarks of Mr. Foreman were not in order 
under the rules of the House. Mr. Bruce R. Alger, of Texas, then rose 
with a parliamentary inquiry:
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 6. 109 Cong. Rec. 20744, 20745, 88th Cong. 1st Sess.
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        Mr. Alger: My parliamentary inquiry, Mr. Speaker, is this: Mr. 
    Speaker, I ask unanimous consent that after deleting the 
    objectionable words that the gentleman be permitted to proceed or 
    at least insert his remarks at this point in the Record.
        The Speaker: The gentleman has put two propositions, one to 
    proceed or to extend his remarks in the Record. Which unanimous-
    consent request does the gentleman want the Chair to put first?
        Mr. Alger: Mr. Speaker, first, that the gentleman be permitted 
    to proceed in order.
        The Speaker: Is there objection to the request of the gentleman 
    from Texas?
        Mr. [John J.] Rooney of New York: . . . I object.
        The Speaker: The objection is heard.

[[Page 4749]]

Individual Requests and Legislative Requests Distinguished

Sec. 43.3 The Speaker announced that he would recognize Members to make 
    individual unanimous-consent requests prior to recognizing Members 
    for unanimous-consent requests relating to legislative business.

    On Oct. 5, 1972,(7) the Speaker, Carl Albert, of 
Oklahoma, made the following announcement:
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 7. 118 Cong. Rec. 34039, 92d Cong. 2d Sess.
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        The Chair is going to recognize Members who have individual 
    unanimous-consent requests.
        The Chair cannot determine, when a Member rises, whether he has 
    a legislative purpose for rising or whether he has a unanimous-
    consent request to make and desires something to be put into the 
    Record.
        After that, the Chair will recognize any Member who has a 
    unanimous-consent request in connection with business.

Withdrawal of Request

Sec. 43.4 Unanimous consent is not required to withdraw a unanimous-
    consent request in the House.

    On Mar. 14, 1968,(8) the House was considering H.R. 
2516, providing penalties for interference with certain civil rights 
(with a Senate amendment containing further civil rights legislation, 
including open housing). Mr. Emanuel Celler, of New York, requested 
unanimous consent that the reading of the Senate amendment be dispensed 
with. Mr. H. R. Gross, of Iowa, and Mr. Joe D. Waggonner, Jr., of 
Louisiana, both reserved the right to object. The Speaker, John W. 
McCormack, of Massachusetts, then recognized Mr. Celler.
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 8. 114 Cong. Rec. 6474-80, 6489-92, 90th Cong. 2d Sess.
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        Mr. Speaker, I ask unanimous consent to withdraw my request.
        The Speaker: It does not require unanimous 
    consent.(9)
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 9. See also 110 Cong. Rec. 2614, 2615, 88th Cong. 2d Sess., Feb. 8, 
        1964.
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