[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 107th Congress]
[107th Congress]
[House Document 106-320]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 144-146]
[From the U.S. Government Publishing Office, www.gpo.gov]


 

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                            sec. ix--speaker


[[Page 145]]

to the House; but without a question the members proposing him conduct 
him to the chair. But if there be objection, or another proposed, a 
question is put by the Clerk. 2 Hats., 158. As are also questions of 
adjournment. 6 Gray, 406. Where the House debated and exchanged messages 
and answers with the King for a week without a Speaker, till they were 
prorogued. They have done it de die in diem for fourteen days. 1 Chand., 
331, 335.



Sec. 312. Election of Speaker.

  When  but one person is 
proposed, and no objection made, it has not been usual in Parliament to 
put any question


  On October 23, 2000, the House of Commons, pursuant to a Standing 
Order, elected a new Speaker after rejection of twelve other nominees 
offered one at a time as amendments to the question. The amendments were 
offered after refusal of the ``Father of the House of Commons'' to 
entertain a motion to change the Standing Order to require a preliminary 
secret ballot.


  For a discussion of the election of the Speaker of the House of 
Representatives, see Sec. 27, supra. 




Sec. 313. Election of President pro tempore of the 
Senate.

  In  the Senate, a President pro tempore, in the absence of the 
Vice-President, is proposed and chosen by ballot. His office is 
understood to be determined on the Vice-President's appearing and taking 
the chair, or at the meeting of the Senate after the first recess.




[[Page 146]]


  In the later practice the President pro tempore has usually been 
chosen by resolution. In 1876 the Senate determined that the tenure of 
office of a President pro tempore elected at one session does not expire 
at the meeting of Congress after the first recess, the Vice President 
not having appeared to take the chair; that the death of the Vice 
President does not have the effect to vacate the office of President pro 
tempore; and that the President pro tempore holds office at the pleasure 
of the Senate (II, 1417). In the 107th Congress the Senate elected two 
Presidents of the Senate pro tempore for different periods when the 
majority of the Senate shifted after inauguration of the Vice President 
(S. Res. 3, Jan. 3, 2001, p. ----).



Sec. 314. Parliamentary law as to choice of Speaker pro 
tempore.

  Where  the Speaker has been ill, other Speakers pro tempore have 
been appointed. Instances of this are 1 H., 4. Sir John Cheyney, and Sir 
William Sturton, and in 15 H., 6. Sir John Tyrrel, in 1656, January 27; 
1658, March 9; 1659, January 13.


  Sir Job Charlton ill, Seymour chosen,         

                      1673, February 18.      Not merely pro tem. 1 

   Seymour being ill, Sir Robert Sawyer     Chand., 169, 276, 277.


                 chosen, 1678, April 15.<3-ln }>

  Sawyer being ill, Seymour chosen.


  Thorpe in execution, a new Speaker chosen, 31 H. VI, 3 Grey, 11; and 
March 14, 1694, Sir John Trevor chosen. There have been no later 
instances. 2 Hats., 161; 4 Inst., 8; L. Parl., 263.


  The House, by clause 8 of rule I, has provided for appointment and 
election of Speakers pro tempore. Relying on the Act of June 1, 1789 (2 
U.S.C. 25), the Clerk recognized for nominations for Speaker, at the 
convening of a new Congress, as being of higher constitutional privilege 
than a resolution to postpone the election of a Speaker and instead 
provide for the election of a Speaker pro tempore pending the 
disposition of certain ethics charges against the nominee of the 
majority party (Jan. 7, 1997, p. ----).




Sec. 315. Removal of the Speaker.

  A  Speaker may be removed 
at the will of the House, and a Speaker pro tempore appointed, 2 Grey, 
186; 5 Grey, 134.




  The House has never removed a Speaker; but it had on several occasions 
removed or suspended other officers, as Clerk and Doorkeeper (I, 287-
290, 292; II, 1417), who are officers classed by the Constitution in the 
phrase ``the House of Representatives shall choose their Speaker and 
other officers.'' A resolution for the removal of an officer is 
presented as a matter of privilege (I, 284-286; VI, 35), and a 
resolution declaring the office of Speaker vacant presents a question of 
constitutional privilege (VI, 35).