[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress]
[105th Congress]
[House Document 104-272]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 190-191]
[From the U.S. Government Publishing Office, www.gpo.gov]



 

                         sec. xxi.--resolutions.



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.


[[Page 191]]

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. ----).


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 




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 invitation 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.



* * * * *

  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).