[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 118th Congress]
[118th Congress]
[House Document 117-161]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 254-262]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 254]]

                          sec. xxxv--amendments




Sec. 465. Right of the Member who has spoken to the main 
question to speak to an amendment.

    On an amendment being moved, a 
Member who had spoken to the main question may speak again to the 
amendment. Scob., 23.



  This parliamentary rule applies in the House, where the hour rule of 
debate (clause 2 of rule XVII) has been in force since 1841. A Member 
who has spoken an hour to the main question may speak another hour to an 
amendment (V, 4994; VIII, 2449).




Sec. 466. The Speaker not to decide as to consistency of 
a proposed amendment with one already agreed to.

  If an  amendment be proposed 
inconsistent with one already agreed to, it is a fit ground for its 
rejection by the House, but not within the competence of the Speaker to 
suppress as if it were against order. For were he permitted to draw 
questions of consistence within the vortex or order, he might usurp a 
negative on important modifications, and suppress, instead of 
subserving, the legislative will.


  The practice of the House follows and extends the principle set forth 
by Jefferson. Thus it has been held that the fact that a proposed 
amendment is inconsistent with the text or embodies a proposition 
already voted (II, 1328-1336; VIII, 2834), or would in effect change a 
provision of text to which both Houses have agreed (II, 1335; V, 6183-
6185), or is contained in substance in a later portion of the bill (II, 
1327), is a matter to be passed on by the House rather than by the 
Speaker. It is for the House rather than the Speaker to decide on the 
legislative or legal effect of a proposition (II, 1323, 1324; VI, 254; 
VII, 2112; VIII, 2280, 2841), and the change of a single word in the 
text of a proposition may be sufficient to prevent the Speaker from 
ruling it out of order as one already disposed of by the House (II, 
1274). The principle has been the subject of conflicting decisions, from 
which may be deduced the rule that the Chair may not rule out the 
proposition unless it presents a substantially identical proposition 
(VI, 256; VIII, 2834, 2835, 2838, 2840, 2842, 2850, 2856).


  A perfecting amendment offered to an amendment in the nature of a 
substitute may be offered again as an amendment to the original bill if 
the amendment is first rejected or if the amendment in the nature of a 
substitute as perfected is rejected (Sept. 28, 1976, p. 33075). 
Rejection of an amendment consisting of two sections does not preclude 
one of those sections being subsequently offered as a separate amendment 
(July 15, 1981, p. 15898), and the rejection of several amendments 
considered en bloc does not preclude their being offered separately at a 
subsequent time (Deschler, ch. 27, Sec. 35.15; Nov. 4, 1991, p. 29932). 
A point of order against an amendment to a substitute does not lie 
merely because its adoption would have the same effect as the adoption 
of a pending amendment to the original amendment and would render the 
substitute as amended identical to the original amendment as amended 
(May 4, 1983, p. 11059).




Sec. 467. The parliamentary law and the Rules 
of the House as to germane amendments.

  Amendments may  be made so as totally to alter 
the nature of the proposition; and it is a way of getting rid of a 
proposition by making it bear a sense different from what it was 
intended by the movers, so that they vote against it themselves. 2 
Hats., 79; 4, 82, 84. A new bill may be ingrafted, by way of amendment, 
on the words, ``Be it enacted,'' etc. 1 Grey, 190, 192.



  This was the rule of Parliament, which did not require an amendment to 
be germane (V, 5802, 5825). But the House from its first organization, 
has by rule required that an amendment should be germane to the pending 
proposition (clause 7 of rule XVI).




Sec. 468. The amendment to strike certain words of a 
bill.

  If it be  proposed to amend by leaving out certain words, it may be moved, 
as an amendment to this amendment, to leave out a part of the words of 
the amendment, which is equivalent to leaving them in the bill. 2 Hats., 
80, 9. The parliamentary question is, always, whether the words shall 
stand part of the bill.



  In the House the question herein described is never put, but is always 
whether the words shall be stricken; and if there is a desire that 
certain of the words included in the amendment remain part of the bill, 
it is expressed, not by amending the amendment, but by a preferential 
perfecting amendment to strike from the specified words in the text of 
the bill a portion of them. If this is carried that portion of the 
specified words is stricken from the bill and the vote then recurs on 
the original amendment (V, 5770). Where a motion to strike an entire 
title of a bill is pending, it is in order to offer, as a perfecting 
amendment to that title, a motion to strike a lesser portion thereof, 
and the perfecting amendment is voted on first (June 11, 1975, p. 
18435). And when a motion to strike certain words is disagreed to, it is 
in order to move to strike a portion of those words (V, 5769); but when 
it is proposed to strike certain words in a paragraph, it is not in 
order to amend those words by including with them other words of the 
paragraph (V, 5768; VIII, 2848; June 2, 1976, pp. 16208-10). It is in 
order to insert by way of amendment a paragraph similar (but not 
actually identical) to one already stricken by amendment (V, 5760; VIII, 
2839; Sept. 2, 1976, pp. 28939-58).




Sec. 469. Principles as to perfecting before 
inserting or striking.

  When it is  proposed to amend by inserting a paragraph, or 
part of one, the friends of the paragraph may make it as perfect as they 
can by amendments before the question is put for inserting it. If it be 
received, it cannot be amended afterward in the same stage, because the 
House has, on a vote, agreed to it in that form. In like manner, if it 
is proposed to amend by striking out a paragraph, the friends of the 
paragraph are first to make it as perfect as they can by amendments, 
before the question is put for striking it out. If on the question it be 
retained, it cannot be amended afterward, because a vote against 
striking out is equivalent to a vote agreeing to it in that form.


  These principles are recognized as in force in the House, with the 
exception that clause 5(c) of rule XVI specifically provides that the 
rejection of a motion to strike shall preclude neither amendment nor 
motion to strike and insert. However, after an amendment to insert has 
been agreed to, the matter inserted ordinarily may not then be amended 
(V, 5761-5763; VIII, 2852) in any way that would change its text. Where 
a special order of business provides that an amendment inserting a 
provision in the bill be considered as adopted, an amendment to strike 
that provision is not in order (May 23, 2002, pp. 8920-24). However, an 
amendment may be added at the end (V, 5759, 5764, 5765; Dec. 14, 1973, 
p. 41740; Oct. 1, 1974, p. 33364), even if the perfecting amendment that 
was adopted struck out all after the short title of the amendment in the 
nature of a substitute and inserted a new text (May 16, 1979, p. 11420). 
Although an amendment that has been adopted to an amendment (in the 
nature of a substitute) may not be further amended, another amendment 
adding language at the end of the amendment may still be offered (June 
10, 1976, pp. 17368-75, 17381; May 16, 1984, pp. 12566, 12567), and the 
Chair will not rule on the consistency of that language with the adopted 
amendment (June 10, 1976, p. 17381).

  Although it may be in order to offer an amendment to the pending 
portion of the bill that not only changes a provision already amended 
but also changes an unamended pending portion of the bill, it is not in 
order merely to amend portions of the bill that have been changed by 
amendment (Mar. 11, 1999, p. 4335), or to amend unamended portions that 
have been passed in the reading and are no longer open to amendment 
(July 12, 1983, p. 18771), or to amend a figure already amended 
(Deschler, ch. 27, Sec. 33.2; July 17, 1995, p. 19186), even if also 
changing other matter not already amended, where drafted as though the 
earlier amendment had not been adopted (Mar. 15, 1995, p. 8025; Mar. 16, 
1995, p. 8110; Mar. 16, 1995, p. 8112; July 17, 1995, p. 19196). A point 
of order that a pending amendment proposes to change portions of the 
bill that have been changed by earlier amendment may be made after a 
unanimous-consent request to modify the amendment has been disposed of 
but before debate has begun (Mar. 11, 1999, p. 4335). Where the vote on 
an amendment to strike a section and insert new language is postponed by 
the chair of the Committee of the Whole, an amendment to strike the same 
section and insert different language is in order; and if both 
amendments are adopted, the second amendment adopted supersedes the 
first and is the only one reported to the House (Aug. 6, 1998, p. 
19125).


  When it is proposed to perfect a paragraph, a motion to strike it, if 
already pending, must remain in abeyance until the amendments to perfect 
have been moved and voted on (V, 5758; VIII, 2860; May 5, 1992, p. 
10110; Oct. 12, 1995, p. 27816; July 27, 1999, p. 18074). If further 
proceedings are postponed on the perfecting amendment, debate may 
continue on the underlying motion to strike (July 27, 1999). While 
amendments are pending to a section, a motion to strike it may not be 
offered (V, 5771; VIII, 2861; Sept. 23, 1982, p. 24963; July 25, 1995, 
p. 20299). The motion to strike may be voted on (if already pending) or 
subsequently offered after disposition of the perfecting amendment, so 
long as the provision sought to be stricken has not been rewritten 
entirely (Sept. 23, 1982, p. 24963; July 25, 1995, p. 20299). While a 
motion to strike is pending, it is in order to offer an amendment to 
perfect the language proposed to be stricken (Apr. 24, 1996, p. 8777); 
such an amendment, which is in the first degree, may be amended by a 
substitute, and amendments to the substitute are also in order (Oct. 19, 
1983, p. 28283), and such perfecting amendment, if agreed to when voted 
on first, remains part of the bill if the motion to strike is then 
rejected (Sept. 18, 1986, p. 28123). When a motion to strike a paragraph 
is pending and the paragraph is perfected by an amendment striking and 
inserting an entire new text, the pending motion to strike must fall, 
because it would not be in order to strike exactly what has been just 
inserted (V, 5792; VIII, 2854; July 12, 1951, p. 8090; Sept. 23, 1975, 
p. 29835; Aug. 5, 1986, p. 19059; May 18, 1988, p. 11404; Apr. 24, 1996, 
p. 8781). A motion to strike and insert a portion of a pending section 
is not in order as a substitute for a motion to strike the section, but 
may be offered as a perfecting amendment to the section and is voted on 
first, subject to being eliminated by subsequent adoption of the motion 
to strike (July 16, 1981, p. 16057).




Sec. 470. Reading the motion and putting the 
question on a motion to strike and insert.

  When it is  moved to amend by striking 
out certain words and inserting others, the manner of stating the 
question is first to read the whole passage to be amended as it stands 
at present, then the words proposed to be struck out, next those to be 
inserted, and lastly the whole passage as it will be when amended. And 
the question, if desired, is then to be divided, and put first on 
striking out. If carried, it is next on inserting the words proposed. If 
that be lost, it may be moved to insert others. 2 Hats., 80, 7.



  Clause 5(c) of rule XVI provides that the motion to strike and insert 
is not divisible. As to the manner of stating the question, the Clerk 
reads only the words to be stricken and the words to be inserted.




Sec. 471. Conditions of repetition of motions to 
strike and insert.

  A motion  is made to amend by striking out certain words and 
inserting others in their place, which is negatived. Then it is moved to 
strike out the same words, and to insert others of a tenor entirely 
different from those first proposed. It is negatived. Then it is moved 
to strike out the same words and insert nothing, which is agreed to. All 
this is admissible, because to strike out and insert A is one 
proposition. To strike out and insert B is a different proposition. And 
to strike out and insert nothing is still different. And the rejection 
of one proposition does not preclude the offering a different one. Nor 
would it change the case were the first motion divided by putting the 
question first on striking out, and that negatived; for, as putting the 
whole motion to the question at once would not have precluded, the 
putting the half of it cannot do it.


  As to Jefferson's supposition that the principle would hold good in 
case of division of the motion to strike and insert it is not necessary 
to inquire, because clause 5(c) of rule XVI forbids division of that 
motion. In a footnote Jefferson expressed himself as follows: ``In the 
case of a division of the question, and a decision against striking out, 
I advanced doubtingly the opinion here expressed. I find no authority 
either way, and I know it may be viewed under a different aspect. It may 
be thought that, having decided separately not to strike the passage, 
the same question for striking out cannot be put over again, though with 
a view to a different insertion. Still I think it more reasonable and 
convenient to consider the striking out and insertion as forming one 
proposition, but should readily yield to any evidence that the contrary 
is the practice in Parliament.'' Where two amendments proposing 
inconsistent motions to strike and insert a pending section are 
considered as separate first degree amendments (not one as a substitute 
for the other) before either is finally disposed of under a special 
procedure permitting the Chair to postpone requests for a recorded vote, 
the Chair's order of voting on the matter as unfinished business 
determines which amendment (if both were adopted) would be reported to 
the House (Aug. 6, 1998, pp. 19098-107).




Sec. 472. Application of the motion to 
strike.

  The principle  set forth by Jefferson as to repetition of the motion to 
strike prevails in the House, where it has been held in order, after the 
failure of a motion to strike certain words, to move to strike a portion 
of those words (V, 5769; VIII, 2858). When a bill is under consideration 
by paragraphs, a motion to strike can apply only to the paragraph under 
consideration (V, 5774).





Sec. 473. Effect of affirmative vote on motion to 
strike and insert.

  But if  it had been carried affirmatively to strike out the 
words and to insert A, it could not afterward be permitted to strike out 
A and insert B. The mover of B should have notified, while the insertion 
of A was under debate, that he would move to insert B; in which case 
those who preferred it would join in rejecting A.



  This principle controls the practice of the House (July 17, 1985, p. 
19444; July 18, 1985, p. 19649; Deschler, ch. 27, Sec. 31.14).




Sec. 474. Conditions of striking an amendment already 
agreed to.

  After A  is inserted, however, it may be moved to strike out a 
portion of the original paragraph, comprehending A, provided the 
coherence to be struck out be so substantial as to make this effectively 
a different proposition; for then it is resolved into the common case of 
striking out a paragraph after amending it. Nor does anything forbid a 
new insertion, instead of A and its coherence.



  Although it is not in order to move to strike a provision inserted by 
amendment (Oct. 9, 1985, p. 26957), a motion to strike more than that 
provision inserted would be in order (Apr. 23, 1975, p. 11536). But an 
amendment to strike the pending title of a bill and re-insert all 
sections of that title except one is not in order if that section has 
previously been amended in its entirety (Aug. 1, 1975, p. 26946).




Sec. 475. Amendments filling blanks as to 
time.

  In Senate,  January 25, 1798, a motion to postpone until the second Tuesday 
in February some amendments proposed to the Constitution; the words 
``until the second Tuesday in February'' were struck out by way of 
amendment. Then it was moved to add, ``until the first day of June.'' 
Objected that it was not in order, as the question should be first put 
on the longest time; therefore, after a shorter time decided against, a 
longer cannot be put to question. It was answered that this rule takes 
place only in filling blanks for time. But when a specific time stands 
part of a motion, that may be struck out as well as any other part of 
the motion; and when struck out, a motion may be received to insert any 
other. In fact, it is not until they are struck out, and a blank for the 
time thereby produced, that the rule can begin to operate, by receiving 
all the propositions for different times, and putting the questions 
successively on the longest. Otherwise it would be in the power of the 
mover by inserting originally a short time, to preclude the possibility 
of a longer; for till the short time is struck out, you cannot insert a 
longer; and if, after it is struck out, you cannot do it, then it cannot 
be done at all. Suppose the first motion had been made to amend by 
striking out ``the second Tuesday in February,'' and inserting instead 
thereof ``the first of June,'' it would have been regular, then, to 
divide the question, by proposing first the question to strike out, and 
then that to insert. Now, this is precisely the effect of the present 
proceeding; only, instead of one motion and two questions, there are two 
motions and two questions to effect it--the motion being divided as well 
as the question.


  The principles of this paragraph have been followed in the House (V, 
5763; Aug. 16, 1961, p. 16059), but in one case wherein words embodying 
a distinct substantive proposition had been agreed to as an amendment to 
a paragraph, it was held not in order to strike a part of the words of 
this amendment with other words of the paragraph (V, 5766).


  The motion to strike and insert may not be divided in the House 
(clause 5(c) of rule XVI).


[[Page 262]]

So if the matter of one bill would be better distributed into 
two, any part may be struck out by way of amendment, and put into a new 
bill. * * *



Sec. 476. Joining and dividing bills.

  When the  matter 
contained in two bills might be better put into one, the manner is to 
reject the one and incorporate its matter into another bill by way of 
amendment. 



  In the modern practice each bill comes before the House by itself; and 
if it were proposed to join one bill to another it would be done by 
offering the text of the one as an amendment to the other, without 
disturbing the first bill in its place on the calendar. The Committee on 
Rules may report a special order providing for separate consideration of 
two or more bills and, after passage of each, ``linking'' them by adding 
the text of the subsequent bills to the engrossment of the first, 
sometimes tabling the separate versions of the subsequent bills (e.g., 
June 16, 1999, p. 13080).




Sec. 477. Transposition of the sections of a 
bill.

  * * * If a  section is to be transposed, a question must be put on striking 
it out where it stands and another for inserting it in the place 
desired.



  This principle is followed in the practice of the House (V, 5775, 
5776).



Sec. 478. Filling blanks left by the other 
House.

  A bill  passed by the one House with blanks. These may be filled up by 
the other by way of amendments, returned to the first as such, and 
passed 3 Hats., 83.





Sec. 479. Clerk amends the section numbers of a 
bill.

  The number  prefixed to the section of a bill, be merely a marginal 
indication, and no part of the text of the bill, the Clerk regulates 
that--the House or committee is only to amend the text.




  In the modern practice of the House, section numbers and other 
internal references are considered as part of the text that may be 
altered by amendment. The House sometimes authorizes the Clerk to make 
appropriate changes in section numbers, paragraphs and punctuation, and 
cross references when preparing the engrossment of the bill. Such a 
request is properly made in the House, following passage of the bill 
(Apr. 29, 1969, p. 10753).