    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
    [104th Congress]
    [House Document 103-342]
    [Rules of the House of Representatives]
    [Page 350]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                    Rule VII.

                             DUTIES OF THE CHAPLAIN.

    Sec. 655. Duties of the Chaplain.

      The  Chaplain shall attend
    at the commencement of each day's sitting of the House and open the same
    with prayer.

      This rule was adopted in 1880 (I, 272), but the sessions of the House
    were opened with prayer from the first, and the Chaplain was an officer
    of the House before the adoption of the rule (I, 273-282). The Chaplain
    takes the oath prescribed for the officers of the House (VI, 31; Feb. 1,
    1950, p. 1311). Prayer by the Chaplain is not business requiring the
    presence of a quorum and the Speaker declines to entertain a point of no
    quorum before prayer is offered (VI, 663; clause 6(a) (1) of rule XV).
    There is no precedent for prayer to be offered by the Chaplain during a
    continuous session of the House, absent an adjournment or recess
    (compare Apr. 22 and 23, 1985, pp. 8753 and 8959). Form of resignation
    of the Chaplain (Feb. 28, 1921, p. 4075; Jan. 30, 1950, p. 1097). The
    election of a Chaplain emeritus (VI, 31; Jan. 30, 1950, p. 1095).

      In the 97th Congress, the House adopted a privileged resolution
    asserting the constitutional prerogative of the House to establish the
    office of Chaplain and directing counsel for the Speaker and Chaplain to
    seek judicial review of a United States Court of Appeals decision
    (Murray v. Buchanan, 729 F.2d 689) holding that no constitutional
    provision precluded judicial determination whether establishment of the
    Chaplain violated the establishment clause of the First amendment to the
    Constitution (H. Res. 413, Mar. 30, 1982, p. 5890).