[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
[112nd Congress]
[House Document 111-157]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 151-153]
[From the U.S. Government Publishing Office, www.gpo.gov]



 

* * * * *
                            sec. ix--speaker




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 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.


  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. On March 22, 2001, and on October 29, 2002, the House of 
Commons adopted Standing Order 1B, requiring that the election of a new 
Speaker be by secret ballot (Standing Orders of the House of Commons--
Public Business 2003).


[[Page 152]]

  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.



  In the later practice the President pro tempore has usually been 
chosen by resolution. In 1876 the Senate determined that the tenure of 
the 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 of vacating 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. 7).



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.


[[Page 153]]




Trevor chosen. There have been no later 
instances. 2 Hats., 161; 4 Inst., 8; L. Parl., 263.

  Thorpe in execution, a new Speaker chosen, 31 H. VI, 3 Grey, 11; and 
March 14, 1694, Sir John 


  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. 115).




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.



  A resolution declaring the Office of Speaker vacant presents a 
question of constitutional privilege (VI, 35), though the House has 
never removed a Speaker. It has on several occasions removed or 
suspended other officers, such as Clerk and Doorkeeper (I, 287-290, 292; 
II, 1417). A resolution for the removal of an officer is presented as a 
matter of privilege (I, 284-286; VI, 35). The Speaker may remove the 
Clerk, Sergeant-at-Arms, and Chief Administrative Officer under clause 1 
of rule II.