    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress]
    [106th Congress]
    [House Document 105-358]
    [Jeffersons Manual of ParliamentaryPractice]
    [Pages 247-250]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                       sec. xxxviii--equivalent questions

    [[Page 248]]

    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 has abandoned the question ``Shall the bill be rejected?''
    (IV, 3391), and the question is now taken in accordance with clause 8 of
    rule XVI. 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.

    Sec. 485. Equivalent questions in
    general.

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

      The principles set forth in this paragraph are recognized by the
    practice of the House; 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 5(c) 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 249]]

    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,
    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 2 of rule XIX is in order pending a demand for or
    after the ordering of the previous question, before the stage of
    disagreement has been reached (V, 5575, 6172-6174), 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, p. 30887).

      In the House and the Senate the order of precedence of motions is as
    given in the parliamentary law, and the motions take precedence in that

    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.

    [[Page 250]]

    may authorize the Secretary by inference to enter another vote; for two
    alternatives still remain, either of which may be adopted by the House.

      Consequently the negative of these is not equivalent to a positive
    vote the other way. It does not raise so necessary an implication as

      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 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.