[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 23. Motions]
[G. Unanimous-consent Requests]
[Â§ 45. Objecting to Requests]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4751-4753]
 
                               CHAPTER 23
 
                                Motions
 
                        F. MOTIONS TO RECONSIDER
 
Sec. 45. Objecting to Requests

Rising to Object

Sec. 45.1 When objecting to a unanimous-consent request a Member must 
    rise from his seat.

    On Feb. 20, 1946,(17) the House was considering H.R. 
3370, the school lunch program, when the following occurred:
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17. 92 Cong. Rec. 1500, 79th Cong. 2d Sess.
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        The Chairman: (18) The time of the gentleman from 
    Texas has expired.
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18. Henry M. Jackson (Wash.).
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        Mr. [William R.] Poage [of Texas]: Mr. Chairman, I ask 
    unanimous consent to proceed for five additional minutes.
        The Chairman: Is there objection to the request of the 
    gentleman from Texas?
        Mr. [William J.] Gallagher [of Minnesota]: Mr. Chairman, I 
    object.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Chairman, a point of 
    order.
        The Chairman: The gentleman will state it.
        Mr. Rankin: To make an objection a Member has to rise to 
    object.

        The Chairman: The point of order is well taken.

Time for Objection

Sec. 45.2 An objection to a unanimous-consent request is properly made 
    to the request put by the Chair, not as put by the Member making 
    the request.

    On Sept. 4, 1940,(1) Mr. Beverly M. Vincent, of 
Kentucky, and Mr. Martin L. Sweeney, of Ohio, became engaged in an 
acrimonious personal debate; Mr. Vincent sought to withdraw a remark in 
which he referred to Mr. Sweeney as a traitor:
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 1. 86 Cong. Rec. 11516, 11517,76th Cong. 3d Sess.
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        Mr. Vincent of Kentucky: Mr. Speaker, I ask unanimous consent 
    to withdraw the last sentence of my statement.

[[Page 4752]]

        Mr. [Henry C.] Dworshak [of Idaho]: I object, Mr. Speaker.
        The Speaker Pro Tempore: (2) The gentleman from 
    Kentucky asks unanimous consent to withdraw the statement. Is there 
    objection? The Chair hears none.
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 2. Jere Cooper (Tenn.).
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Sec. 45.3 It is too late to object to a unanimous-consent request after 
    the Chair has asked if there is objection and has announced that he 
    hears none.

    On Sept. 4, 1940,(3) Mr. Beverly M. Vincent, of 
Kentucky, sought unanimous consent to withdraw part of a statement he 
made about Mr. Martin L. Sweeney, of Ohio.
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 3. 86 Cong. Rec. 11516, 11517, 76th Cong. 3d Sess.
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        The Speaker Pro Tempore: (4) The gentleman from 
    Kentucky asks unanimous consent to withdraw the statement. Is there 
    objection? The Chair hears none.
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 4. Jere Cooper (Tenn.).
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        Mr. [Frederick V.] Bradley of Michigan: I object, Mr. Speaker.

    Subsequently Mr. Clare E. Hoffman, of Michigan, rose with a point 
of order.

        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, the report 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.

Sec. 45.4 The Chair may decline to recognize a Member seeking unanimous 
    consent where that Member rejects the Chair's suggestion that the 
    request be temporarily withheld.

    On Dec. 15, 1937,(5) the Committee of the Whole was 
considering S. 2475, the wages and hours bill, when the following took 
place:
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 5. 82 Cong. Rec. 1571, 75th Cong. 2d Sess.
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        Mr. [Schuyler Otis] Bland [of Virginia]: Mr. Chairman, I ask 
    unanimous consent that any substitute which may be offered for the 
    pending bill and adopted shall, when adopted, be open to amendment 
    as though it were the original bill.
        The Chairman: (6) The Chair has already suggested to 
    the gentleman from Tennessee [Mr. McReynolds], who pro
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 6. John W. McCormack (Mass.).
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[[Page 4753]]

    pounded a similar unanimous-consent request, that the gentleman 
    withhold temporarily his request.

        Mr. Bland: I prefer to submit mine now as to the offering of a 
    substitute.
        The Chairman: The Chair exercises the right of declining to 
    recognize the gentleman for that purpose.

Objection by Presiding Officer

Sec. 45.5 A Chairman of the Committee of the Whole does not lose his 
    right to object to a unanimous-consent request.

    On Dec. 9, 1947,(7) the Chairman of the Committee of the 
Whole, Earl C. Michener, of Michigan, made the following statement:
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 7. 93 Cong. Rec. 11231, 80th Cong. 1st Sess.
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        As the Chair understands the rule, the presiding officer in the 
    Committee is in a dual capacity. First, he is selected to be the 
    presiding officer during the consideration of the bill. But by 
    accepting such appointment he does not lose his right to vote and 
    object as any other Member. That is, his district is not deprived 
    of its rights by virtue of the Chairman selection.

Effect of Objection; Withdrawal

Sec. 45.6 A unanimous-consent request does not remain pending after an 
    objection thereto has been made; and the objecting Member cannot 
    subsequently withdraw his objection so as to revive the request.

    On Nov. 24, 1937,(8) the Speaker, William B. Bankhead, 
of Alabama, recognized Mr. Ralph E. Church, of Illinois, to propound a 
parliamentary inquiry:
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 8. 82 Cong. Rec. 368, 75th Cong. 2d Sess.
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        Mr. Church: Mr. Speaker, earlier in the day the majority leader 
    asked unanimous consent that when the House adjourns today it 
    adjourn to meet on Friday next. I reserved the right to object. 
    Under my right to object I proceeded to make a short statement.
        The Speaker: Will the gentleman please submit his parliamentary 
    inquiry?
        Mr. Church: I am submitting it. I made the reservation of 
    objection for the purpose of making a short statement. Then someone 
    called for the regular order, which forced me to object. I have 
    been able since that time to make my statement, and now, Mr. 
    Speaker, if I withdraw my objection, which I am willing to do, and 
    now do, is it in order and will the request of the gentleman from 
    Texas prevail?
        The Speaker: The Chair will state in answer to the inquiry of 
    the gentleman that no request is now pending before the House to 
    which he could object or not object.

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