[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 242-245]
[From the U.S. Government Publishing Office, www.gpo.gov]



 

                  SEC. XXXVIII.--EQUIVALENT QUESTIONS.




Sec. 484. Former practice as to rejection and second 
reading of bills.

  If, on a  question for rejection, a bill be retained, it 
passes, of course, to its next reading. Hakew., 141; Scob., 42. And a 
question for a second reading, determined negatively, is a rejection 
without further question. 4 Grey, 149. And see Elsynge's Memor., 42, in 
what case questions are to be taken for rejection.



  The House of Representatives has abandoned the question ``Shall the 
bill be rejected?'' (IV, 3391), and the question is now taken in 
accordance with clause 1 of rule XXI. A vote is not taken on the second 
reading, the first test coming in the modern practice of the House on 
the engrossment and third reading.


[[Page 243]]
other, and leaves no other alternative, the decision of the one 
concludes necessarily the other. 4 Grey, 157. Thus the negative of 
striking out amounts to the affirmative of agreeing; and therefore to 
put a question on agreeing after that on striking out, would be to put 
the same question in effect twice over. Not so in questions of 
amendments between the two Houses. A motion to recede being negatived, 
does not amount to a positive vote to insist, because there is another 
alternative, to wit, to adhere.



Sec. 485. Equivalent questions in 
general.

  Where questions  are perfectly equivalent, so that the negative of the one 
amounts to the affirmative of the 



  The principles set forth in this paragraph are recognized by the 
practice of the House of Representatives; but Jefferson's use of the 
motion to strike out as an illustration is no longer justified, since 
the practice of the House under clause 7 of rule XVI does not permit the 
negative of the motion to strike out to be equivalent to the affirmative 
of agreeing.




Sec. 486. Equivalent questions on amendments between 
the Houses.

  A bill  originating in one House is passed by the other with an 
amendment. A motion in the originating House to agree to the amendment 
is negatived. Does there result from this a vote of disagreement, or 
must the question on disagreement be expressly voted? The question 
respecting amendments from another House are--1st, to agree; 2d, 
disagree; 3d, recede; 4th, insist; 5th, adhere.



[[Page 244]]
5488). The motion to refer also takes precedence of the motions to 
agree or disagree (V, 6172-6174), but the demanding or ordering of the 
previous question does not prevent a motion to refer (V, 5575). The 
motion to refer takes precedence of the motions to agree or disagree 
and, under clause 1, of rule XVII is in order pending a demand for or 
after the ordering of the previous question, before the stage of 
disagreement has been reached (V, 6172-6174, 5575) but not after the 
stage of disagreement when the most preferential motion tending to bring 
the two Houses together is already pending (Speaker Albert, Sept. 16, 
1976, pp. 30887-88).

  In the House of Representatives and the Senate the order of precedence 
of motions is as given in the parliamentary law, and the motions take 
precedence in that order without regard to the order in which they are 
moved (V, 6270, 6324). But a motion to amend an amendment of the other 
House has precedence of the motion to agree or disagree either before 
the stage of disagreement has been reached or after the House has 
receded from its disagreement (V, 6164, 6169-6171; VIII, 3203) even 
after the previous question has been ordered on both motions before the 
question is divided (Feb. 12, 1923, p. 3512). See also the discussion in 
Sec. 525, infra. But it has been held that when the previous question 
has been demanded or ordered on a motion to concur, a motion to amend is 
not in order (V, 



Sec. 487. The motions to agree and disagree as related 
to motions to amend.

  1st. To  agree; 2d. To disagree.--Either of these 
concludes the other necessarily, for the positive of either is exactly 
the equivalent to the negative of the other, and no other alternative 
remains. On either motion amendments to the amendment may be proposed; 
e.g., if it be moved to disagree, those who are for the amendment have a 
right to propose amendments, and to make it as perfect as they can, 
before the question of disagreeing is put.




Sec. 488. No equivalent questions on 
motions to recede, insist, and adhere.

  3d. To recede.--You  may then either insist or 
adhere.                          4th. To insist.--You may then either 
recede or adhere.


  5th. To adhere.--You may then either recede or insist.


  Consequently the negative of these is not equivalent to a positive 
vote the other way. It does not raise so necessary an implication as may 
authorize the Secretary by inference to enter another vote; for two 
alternatives still remain, either of which may be adopted by the House.


[[Page 245]]
the more recent practice is that when the House disagrees to a motion 
to recede and concur in a Senate amendment some further action must be 
taken to dispose of the amendment (Speaker Bankhead, July 9, 1937, p. 
7007; Speaker McCormack, Sept. 19, 1962, p. 19945) and the question may 
recur on a pending motion to insist or such a motion is then entertained 
from the floor.



  Under the earlier practice in the House it was held that voting down 
the motion to recede and concur was tantamount to insistence but not the 
equivalent of adherence (Speaker Clark, July 2, 1918, p. 8648). But