[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 108th Congress]
[108th Congress]
[House Document 107-284]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 306-309]
[From the U.S. Government Printing Office, www.gpo.gov]


 

                           sec. li--a session



Sec. 588. Sessions of Parliament.

  Parliament have  three 
modes of separation, to wit: by adjournment, by prorogation or 
dissolution by the King, or by the efflux of the term for which they 
were elected. Prorogation or dissolution constitutes there what is 
called a session; provided some act was passed. In this case all matters 
depending before them are discontinued, and at their next meeting are to 
be taken up de novo, if taken up at all. 1 Blackst., 186. Adjournment, 
which is by themselves, is no more than a continuance of the session 
from one day to another, of for a fortnight, a month, &c., ad libitum. 
All matters depending remain in statu quo, and when they meet again, be 
the term ever so distant, are resumed, without any fresh commencement, 
at the point at which they were left. 1 Lev., 165; Lex. Parl., c. 2; 1 
Ro. Rep., 29; 4 Inst., 7, 27, 28; Hutt., 61; 1 Mod., 252; Ruffh. Jac., 
L. Dict. Parliament; 1 Blackst., 186. Their whole session is considered 
in law but as one day, and has relation to the first day thereof. Bro. 
Abr. Parliament, 86.



[[Page 307]]

constituting them commissioners for the particular purpose.



Sec. 589. Sitting of committees in recesses 
and creation of commissions to sit after Congress adjourns.

  Committees may be  appointed 
to sit during a recess by adjournment, but not by prorogation. 5 Grey, 
374; 9 Grey, 350; 1 Chandler, 50. Neither House can continue any portion 
of itself in any parliamentary function beyond the end of the session 
without the consent of the other two branches. When done, it is by a 
bill



  The House may empower a committee to sit during a recess which is 
within the constitutional term of the House (IV, 4541-4543), but not 
thereafter (IV, 4545). Therefore committees are created commissions by 
law if their functions are to extend beyond the term of the Congress 
(IV, 4545). Under clause 2(m)(1)(A) of rule XI, all committees are 
authorized to sit and act anywhere within the United States, and to 
issue subpoenas, whether the House is in session or has adjourned to a 
date certain or adjourned sine die, even after the second regular 
session of a Congress until the end of the constitutional term. Under 
clause 1(b)(4) of rule XI, all committees are authorized to file 
investigative reports and annual activities reports following sine die 
adjournment.


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So far we have fixed landmarks for determining sessions. * * *



Sec. 590. Sessions and recesses of 
Congress.

  Congress separate  in two ways only, to wit, by adjournment, or dissolution by 
the efflux of their time. What, then, constitutes a session with them? A 
dissolution certainly closes one session, and the meeting of the new 
Congress begins another. The Constitution authorizes the President, ``on 
extraordinary occasions to convene both Houses, or either of them.'' I. 
3. If convened by the President's proclamation, this must begin a new 
session, and of course determine the preceding one to have been a 
session. So if it meets under the clause of the Constitution which says, 
``the Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall by 
law appoint a different day.'' I. 4. This must begin a new session; for 
even if the last adjournment was to this day the act of adjournment is 
merged in the higher authority of the Constitution, and the meeting will 
be under that, and not under their adjournment.


  The twentieth amendment to the Constitution, clause 2, now provides 
that the Congress shall assemble at least once in every year, at noon on 
the 3d day of January, unless they shall by law appoint a different day. 
Section 132 of the Legislative Reorganization Act of 1946, 60 Stat. 812, 
as amended by section 461 of the Legislative Reorganization Act of 1970, 
84 Stat. 1140, provides that except in time of war the two Houses shall 
adjourn sine die not later than the last day of July (Sundays excepted) 
unless otherwise provided by the Congress. (For form of resolution used 
to continue in session past July 31, see H. Con. Res. 648, 92d Cong., 
July 25, 1972, p. 25145.) The same section contemplates an adjournment 
of Congress from the thirtieth day before to the second day following 
Labor Day in the first session of a Congress (each odd-numbered year) in 
lieu of a sine die adjournment. See Sec. 1105, infra. Congress is 
adjourned for more than three days by a concurrent resolution (IV, 4031, 
footnote), and such adjournments to a day certain, within the session, 
do not terminate the session (V, 6676, 6677). In one instance the two 
Houses by concurrent resolution provided for adjournment to a day 
certain with the provision that if there be no quorum present on that 
day the session should terminate (V, 6686). Prior to the adoption of the 
twentieth amendment it had become established practice that a meeting of 
Congress once within the year did not make uncertain the constitutional 
mandate to meet on the first Monday of December (I, 10, 11). And where a 
special session continued until the time prescribed by the Constitution 
for the annual meeting without an appreciable intervening time (V, 6690, 
6692), a question arose as to whether there had actually been a recess 
of Congress (V, 6687, 6693), with the conclusion that a recess was a 
real and not an imaginary time (V, 6687).




Sec. 591. Manner of closing a session by action 
of the two Houses.

  * * * In other  cases it is declared by the joint vote authorizing 
the President of the Senate and the Speaker to close the session on a 
fixed day, which is usually in the following form: ``Resolved by the 
Senate and House of Representatives, that the President of the Senate 
and the Speaker of the House of Representatives be authorized to close 
the present session by adjourning their respective Houses on the ---- 
day of ----.''




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  In the modern practice the resolving clause of the concurrent 
resolution is in form different from that given by Jefferson. For a 
history and chronology of adjournment resolutions, see Sec. 84, supra.



Sec. 592. Parliamentary law as to business at the 
termination of a session.

  When it was  said above that all matters depending before 
Parliament were discontinued by the determination of the session, it was 
not meant for judiciary cases depending before the House of Lords, such 
as impeachments, appeals, and writs of error. These stand continued, of 
course, to the next session. Raym., 120, 381; Ruffh. Fac., L. D., 
Parliament.



  Impeachments stand, in like manner, continued before the Senate of the 
United States.




  For a discussion of continuance of impeachments, see Sec. 620, infra.