    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
    [104th Congress]
    [House Document 103-342]
    [Jeffersons Manual of ParliamentaryPractice]
    [Pages 187-189]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                             SEC. XXI.--RESOLUTIONS.

    [[Page 188]]

    Sec. 395. Orders and resolutions of the House.

      When  the
    House commands, it is by an ``order.'' But fact, principles, and their
    own opinions and purposes, are expressed in the form of resolutions.

      A resolution for an allowance of money to the clerks being moved, it
    was objected to as not in order, and so ruled by the Chair; but on
    appeal to the Senate (i.e., a call for their sense by the President, on
    account of doubt in his mind, according to clause 2 of rule XX) the
    decision was overruled. Jour., Senate, June 1, 1796. I presume the doubt
    was, whether an allowance of money could be made otherwise than by bill.

    Sec. 396. Concurrent resolutions of the two Houses.

      In  the
    modern practice concurrent resolutions have been developed as a means of
    expressing fact, principles, opinions, and purposes of the two Houses
    (II, 1566, 1567). Joint committees are authorized by resolutions of this
    form (III, 1998,  1999), and they are used in authorizing correction of
    bills agreed to by both Houses (VII, 1042), amendment of enrolled bills
    (VII, 1041), amendment of conference reports (VIII, 3308), requests for
    return of bills sent to the President (VII, 1090, 1091), authorizing the
    printing of certain enrolled bills by hand in the remaining days of a
    session (H. Con. Res. 436, Dec. 20, 1982, p. 32875), providing for joint
    session to receive message from the President (VIII, 3335, 3336),
    authorizing the printing of congressional documents (H. Con. Res. 66,
    July 1, 1969, p. 17948); paying a birthday tribute to former President
    Truman (H. Con. Res. 216, Apr. 24, 1969, p. 10213); calling for the
    humane treatment of prisoners of war in Vietnam (H. Con. Res. 454, Dec.
    15, 1969, p. 39037), and fixing time for final adjournment (VIII, 3365).
    The Congressional Budget Act of 1974 (P.L. 93-344) provides for the
    adoption by both Houses of concurrent resolutions on the budget which
    become binding on both Houses with respect to congressional budget
    procedures (see Sec. 1007, infra). A concurrent resolution is binding on
    neither House until agreed to by both (IV, 3379), and, since not
    legislative in nature, is not sent to the President for approval (IV,
    3483). A concurrent resolution is not a bill or joint resolution within
    the meaning of clause 5(c) of rule XXI (requiring a three-fifths vote
    for approval of such a measure if carrying an increase in a rate of tax
    on income) (Speaker Gingrich, May 18, 1995, p. ----).

    [[Page 189]]
    tation to La Fayette to visit America (V, 7082, footnote), the welcome
    to Kossuth (V, 7083), notice to a foreign government of the abrogation
    of a treaty (V, 6270), declaration of intervention in Cuba (V, 6321),
    correction of an error in an existing act of legislation (IV, 3519; VII,
    1092), enlargement of scope of inquiries provided by law (VII, 1040),
    election of managers for National Soldiers' Homes (V, 7336), special
    appropriations for minor and incidental purposes (V, 7319), continuing
    appropriations (H.J. Res. 790, P.L. 91-33, p. 17015); establishing the
    date for convening of Congress (H.J. Res. 1041, P.L. 91-182, p. 40982);
    extending the submission date under law for transmittal of the Budget
    and Economic Report to Congress by the President (H.J. Res. 635, P.L.
    97-469, p. 32936); and extending the termination date for a law (H.J.
    Res. 864, P.L. 91-59, p. 22546). At one time they were used for purposes
    of general legislation; but the two Houses finally concluded that a bill
    was the proper instrumentality for this purpose (IV, 3370-3373). A joint
    resolution has been changed to a bill by amendment (IV, 3374), but in
    the later practice it has become impracticable to do so.

    Sec. 397. Joint resolutions.

      Another  development of the
    modern practice is the joint resolution, which is a bill so far as the
    processes of the Congress in relation to it are concerned (IV, 3375;
    VII, 1036). With the exception of joint resolutions proposing amendments
    to the Constitution (V, 7029), all these resolutions are sent to the
    President for approval and have the full force of law. They are used for
    what may be called the incidental, unusual, or inferior purposes of
    legislating (IV, 3372), as extending the national thanks to individuals
    (IV, 3370), the invi

      Where a choice between a concurrent resolution and a joint resolution
    is not dictated by law, the House by its votes on consideration of a
    measure decides which is the appropriate vehicle (and a point of order
    does not lie that a concurrent rather than a joint resolution would be
    more appropriate to express the sense of the Congress on an issue) (Mar.
    16, 1983, p. 5669).

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