[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 114th Congress]
[114th Congress]
[House Document 113-181]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 253-255]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 253]]
 

                  sec. xxxvi--division of the question




Sec. 480. Parliamentary law for division of the 
question.

  If a question  contain more parts than one, it may be divided into two or 
more questions. Mem. in Hakew., 29. But not as the right of an 
individual member, but with the consent of the House. For who is to 
decide whether a question is complicated or not--where it is 
complicated--into how many propositions it may be divided? The fact is, 
that the only mode of separating a complicated question is by moving 
amendments to it; and these must be decided by the House, on a question, 
unless the House orders it to be divided; as, on the question, December 
2, 1640, making void the election of the knights for Worcester, on a 
motion it was resolved to make two questions of it, to wit, one on each 
knight. 2 Hats., 85, 86. So, wherever there are several names in a 
question, they may be divided and put one by one. 9 Grey, 444. So, 1729, 
April 17, on an objection that a question was complicated, it was 
separated by amendment. 2 Hats., 79.



  The House, by clause 5 of rule XVI and the practice thereunder, has 
entitled a procedure differing materially from that above set forth. 
Although a resolution electing Members to committees is not divisible 
(clause 5 of rule XVI), other types of resolutions containing several 
names may be divided for voting (Mar. 19, 1975, p. 7344).


[[Page 254]]



Sec. 481. Jefferson's discussion of division of 
the question.

  The soundness  of these observations will be evident from the 
embarrassments produced by the XVIIIth rule of the Senate, which says, 
``if the question in debate contains several points, any member may have 
the same divided.''


  1798, May 30, the alien bill in quasi-committee. To a section and 
proviso in the original, had been added two new provisos by way of 
amendment. On a motion to strike out the section as amended, the 
question was desired to be divided. To do this it must be put first on 
striking out either the former proviso, or some distinct member of the 
section. But when nothing remains but the last member of the section and 
the provisos, they cannot be divided so as to put the last member to 
question by itself, for the provisos might thus be left standing alone 
as exceptions to a rule when the rule is taken away; or the new provisos 
might be left to a second question, after having been decided on once 
before at the same reading, which is contrary to rule. But the question 
must be on striking out the last member of the section as amended. This 
sweeps away the exceptions with the rule, and relieves from 
inconsistence. A question to be divisible must comprehend points so 
distinct and entire that one of them being taken away, the other may 
stand entire. But a proviso or exception, without an enacting clause, 
does not contain an entire point or proposition.


[[Page 255]]

was divided into four parts, the 4th taking in the words ``conforming 
himself,'' &c. It was objected that the words ``any alien merchant,'' 
could not be separated from their modifying words, ``conforming,'' &c., 
because these words, if left by themselves, contain no substantive idea, 
will make no sense. But admitting that the divisions of a paragraph into 
separate questions must be so made as that each part may stand by 
itself, yet the House having, on the question, retained the two first 
divisions, the words ``any alien merchant'' may be struck out, and their 
modifying words will then attach themselves to the preceding description 
of persons, and become a modification of that description.
  May 31.--The same bill being before the Senate. There was a proviso 
that the bill should not extend--1. To any foreign minister; nor, 2. To 
any person to whom the President should give a passport; nor, 3. To any 
alien merchant conforming himself to such regulations as the President 
shall prescribe; and a division of the question into its simplest 
elements was called for. It




Sec. 482. Division of question as related to debate or 
amendment.

  When a  question is divided, after the question on the 1st member, 
the 2d is open to debate and amendment; because it is a known rule that 
a person may rise and speak at any time before the question has been 
completely decided, by putting the negative as well as the affirmative 
side. But the question is not completely put when the vote has been 
taken on the first member only. One-half the question, both affirmative 
and negative, remains still to be put. See Execut. Jour., June 25, 1795. 
The same decision by President Adams.



  Where a division of the question is demanded on a portion of an 
amendment, the Chair puts the question first on the remaining portions 
of the amendment, and that portion on which the division is demanded 
remains open for further debate and amendment (Oct. 21, 1981, p. 24785). 
However, where neither portion of a divided question remains open to 
further debate or amendment, the question may be put first on the 
portion identified by the demand for division and then on the remainder 
(June 8, 1995, p. 15302).