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When either house, e.g., the House of Representatives, sends a bill to the other, the other may pass it with amendments. The regular progression in this case is: that the House disagree to the amendment; the Senate insist on it; the House insist on their disagreement; the Senate adhere to their amendment; the House adhere to their disagreement.--Manual, p. 174.
“ Either house may recede from its amendment and agree to the bill; or recede from their disagreement to the amendment, and agree to the same absolutely, or with an amendment.”Manual, p. 174. And a motion to recede takes precedence of a mnotion to insist.-Journals, 1, 23, p. 229; 1, 29, p. 696. “But the House can not recede from or insist on its own amendment with an amendment. * * They may modify an amend. ment from the other house by ingrafting an amendment on it.” Manual, p. 174.
"A motion to amend an amendment from the other house takes precedence of a motion to agree or disagree. A bill orig. inating in one house is passed by the other with an amendment. The originating house agree to their amendment with an amend. ment. The other may agree to their amendment with an amendment, that being only in the second and not the third degree; for, as to the amending house, the first amendment with which they passed the bill is a part of its text; it is the only text they have agreed to."-Ibid, p. 175. Amendments of the Senate to bills of the House making appropriations of money are (by RULE XX) subject to the requirements and restrictions of RULE XXIII, clause 3, i. e. that they must be considered in the Committee of the Whole House. (See decision of Speaker Carlisle, Journal, 1, 48, pp. 1657, 1658; see, also, decision of Speaker Carlisle, Journal, 2, 50, p. 667.)
"In the ordinary parliamentary course there are two free conferences, at least, before an adherence - Manual, p. 177; Journals, 1, 34, p. 943; 1, 35, p. 1136—although either house is free to pass over the term of insisting and to adhere in the first instance; but it is not respectful to the other.- Manual, p. 176. A motion to insist, however, takes precedence of a motion to adbere."- Journal 1, 34, pp. 1518, 1526. (See CONFERENCE COMMITTEES.)
282 AMENDMENTS TO CONSTITUTION-ANNALS OF CONGRESS.
After one house has adhered, the other may recede-Jour. nals, 1, 1, pp. 113, 114; 1, 2, p. 152; 1, 8, pp. 671, 673—or ask a conference, which may be agreed to by the adhering house. Journals, 1, 1, pp. 156, 157; 1, 3, pp. 281, 283; 1, 35, pp. 604, 615, 620. (See ADHERE, MOTION TO.)
An amendment proposed to an amendment of the Senate must be germane to that amendment, and can not be held in order on the ground that it is germane to the subject matter of the pending bill, for the reason that the text of the bill, except as amended by the Senate, is not again open to amendment by the House.—Journal, 1, 48, pp. 1653, 1654.
AMENDMENTS TO THE CONSTITUTION.
The manner in which amendments to the Constitution may be proposed and ratified is provided in Article V, wbich see (p. 22).
ANNALS OF CONGRESS.
“The Annals of Congress” were published from 1789 to 1824, and consist of 42 volumes octavo.
Table showing the contents of the sereral volumes comprising the Annals of
Table showing the contents of the several volumes comprising the Annals of
1800-1801 Dec. 2, :799, to Mar. 3, 1801.
Mar. 1,1801, to Mar. 5, 1801. 1801-1802 Deo. 7, 1801, to May 3, 1802. 1802-1803 Dec. 6. 1802, to Mar. 3, 1803. 1803-1804 Oct. 17, 1803, to Mar. 27, 1804. 1804-1805 Nov. 5, 1804, to Mar. 3, 1805. 1805-1806 Dec. 2, 1805, to Apr. 21, 1806. 1806-1807 Dee. 1, 1806, to May 3, 1807. 1807-1808 Oct. 26, 1807, to Jan. 13, 1808.
1808 Jan. 13, 1808, to Apr. 25, 1808. 1808–1809 Nov. 7, 1808, to Mar. 3, 1809.
Mar. 4, 1809, to Mar. 7, 1809. 1809-1810 May 22, 1809, to Jan. 23, 1810.
1810 Jan. 23, 1810, to May 1, 1810. 1810-1811 Dec. 3, 1810, to Mar. 3. 1811. 1811-1812 | Nov. 4, 1811, to Mar. 9, 1812.
1812 Mar. 9, 1812, to July 6, 1812. 1812-1813 Nov. 2, 1812, to Mar. 3, 1813.
1813 May 24, 1813, to Aug. 12, 1813. 1813-1814 Dec. 6,1813, to Apr. 18, 1814. 1814-1815 Sept.19, 1814, to Mar. 2, 1815. 1815–1616 Dec. 4, 1815, to Apr. 30, 1816. 1816–1817 Dec. 2, 1816, to Mar. 3, 1817.
Mar. 4, 1817, to Mar. 6, 1817. 1817-1818 Dec. 1, 1817, to Mar. 12, 1818.
1818 Mar. 12, 1818, to Apr. 20, 1818. 1818-1819 Nov. 16, 1818, to Feb. 17, 1819.
1819 Feb. 17, 1819, to Mar. 3, 1819. 1819-1820 Dec. 6, 1819, to Feb. 12, 1820.
1920 Feb. 12, 1820, to May 15, 1820. 1820-1821 Nov. 13, 1820, to Mar. 3, 1821. 1821-1822 Dec. 5, 1821, to Mar. 11, 1822.
1632 Mar, 11, 1822, to May 7, 1822. 1822-1823 'Dec. 2, 1822, to Mar. 3, 1823. 1823-1824 Dec. 1. 1823, to Feb. 27, 1824.
1824 Feb. 27, 1824, tu May 25, 1824.
See RULE I, clause 4; RULE III, clause 1; RULE XIV, clause 4; and RULE XVII.
Questions of order decided by the Speaker shall be subject to an appeal to the House by any member; on which appeal no inember shall speak more than once, unless by leave of the House."-RULE I, clause 4. The questions of order herein referred to relate to motions or propositions, their applicability or relevancy, etc. But “ all incidental questions of order arising after a motion is made for the previous question, and pend. ing such motion, shall be decided, whether on appeal or other. wise, without debate."--RULE XVII, clause 3. Under the practice, all questions of order which may arise, pending a question which is not debatable, must be decided without debate. It is customary, however, for the Speaker or chairman of the Committee of the Whole to permit a brief discussion of the point of order, if the question be a new one, which, of course, can only be done by unanimous consent.
Pending the election of a Speaker, the Clerk shall decide all questions of order that may arise, subject to appeal to the Honse.-RULE III, clause 1.
While there can be no question of the right of a member to appeal from the decision of the Clerk on incidental " questions of order that may arise” pending the election of a Speaker, there is a question as to his right to appeal from a decision of the Clerk with respect to the roll of members, which, by R. S., sec. 31, the Clerk is required to make up. .
See decisions of Clerk McPherson, Cong. Globe, 1st sess. 40th, 41st, 42, 43, and 44th Congresses, and of Clerk Adams in the 1st sess., 45th, 46th, and 47th Congresses.
“If any difficulty arises in pointof order during the division, the Speaker is to decide peremptorily, subject to the future censure of the House if irregular.”—Manual, p. 170.
An appeal may be laid on the table—Journal, 1, 26, p. 529– and, being laid on the table, does not carry with it the whole subject.-Ibid., p. 530. Of late years this motion is almost invariably made in case of an appeal; and, if carried, its effect is substantially to sustain the decision of the Chair. While it has been occasionally held that an appeal can not be caxen in Committee of the Whole, the almost uniform praction has established the right of appeal, which of course can not be laid on the table, as in the House, but must be decided by a vote of the committee, thus directly sustaining or overruling the decision of the Chair.
It has been uniformly held that debate on an appeal in the Committee of the Whole can only be closed by unanimous consent, there being no rule of the House touching the matter.
It is too late to renew the question of order on the admissi. bility of a proposition which has been overruled on the preceding day, where debate has been allowed to progress on such proposition.- Journal, 1, 30, p. 989. And it is also too late to raise a question of order on a motion entertained without ob. jection on a former day and entered on the Journal.-Ibid., 2, 30, p. 382; 1, 28, p. 538.
A question of order just decided on appeal can not be renewed, even upon the suggestion of additional reasons.-Ibid., 1, 32, p. 935.
Where an appeal has been decided, and by virtue of such decision a bill taken up and passed, it is too late to move a re. consideration of a vote on the appeal.-Ibid., 1, 31, pp. 860, 861.
An appeal is not in order while another appeal is pending.Cong. Globe, 1, 27, p. 154; 2, 29, p. 290.
The form of stating the question on an appeal is, “ Shall the decision of the Chair stand as the judgment of the House ?” or if in Committee of the Whole House, “Shall the decision of the Chair stand as the judgment of the committee ?"
The act of February 25, 1882, enacts as follows, viz: That after the third of March, eighteen hundred and eighty-three, the House of Representatives shall be composed of three hun. dred and twenty-five members, to be apportioned among the several States as follows: