[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.
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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.
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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).