[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 109th Congress]
[109th Congress]
[House Document 108-241]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 255-258]
[From the U.S. Government Publishing Office, www.gpo.gov]


 

                   sec. xxxviii--equivalent questions




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.


[[Page 256]]

sion 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.



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 deci



  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 257]]

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 
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-



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.


  Consequently the negative of these is not equivalent to a positive 
vote the other way. It does not raise so necessary an implication as may 
authorize the Secretary by inference to enter another vote; for two 
alternatives still remain, either of which may be adopted by the House.


[[Page 258]]

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.



  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