    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 119th Congress]
    [119th Congress]
    [House Document 118-187]
    [Jeffersons Manual of ParliamentaryPractice]
    [Pages 157-160]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    * * * * *

    [[Page 158]]

                                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).

      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.

    [[Page 159]]

    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).

      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

    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.

      Thorpe in execution, a new Speaker chosen, 31 H. VI, 3 Grey, 11; and
    March 14, 1694, Sir John Trevor chosen. There have been no later
    instances. 2 Hats., 161; 4 Inst., 8; L. Parl., 263.

      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 (Precedents (Wickham), ch. 1, Sec. 4.1).

    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.

    [[Page 160]]

    In the 118th Congress the House adopted a resolution declaring the
    Office of Speaker vacant (H. Res. 757, Oct. 3, 2023, p. _). In the 116th
    Congress the House adopted clause 2(a)(3) of rule IX, providing that
    such a resolution only constitutes a question of the privileges of the
    House if offered by direction of a party caucus or conference (sec.
    102(e), H. Res. 6, Jan. 3, 2019, p. _). This provision was repealed in
    the 118th Congress (sec. 2(q), H. Res. 5, Jan. 9, 2023, p. _) and
    replaced in the 119th Congress by a new clause 2(a)(3) of rule IX
    providing that such a resolution only constitutes a question of the
    privileges of the House if offered by a member of the majority party and
    if it has accumulated eight cosponsors from the majority party at the
    time it is offered (sec. 2(a), H. Res. 5, Jan. 3, 2025, p. _). The House
    has 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; Oct. 3, 2023,
    p. _; May 8, 2024, p. _). The Speaker may remove the Clerk, Sergeant-at-
    Arms, and Chief Administrative Officer under clause 1 of rule II (e.g.,
    Dec. 16, 2015, p. 20274).

      A resolution declaring the Office of Speaker vacant presents a
    question of constitutional privilege (VI, 35; Oct. 3, 2023, p. _; May 8,
    2024, p. _).