« AnteriorContinuar »
original paragraph, comprehending wbat has been inserted, provided the coherence to be struck out be so substantial as to make this effectively a different proposition.- Janual, p. 159.
If it is proposed to amend by striking out a paragraplı, 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 ont.-Janual, p. 158. But (coutrary to the parliamentary prac. tice) if on the question it be retained, neither amendment nor a motion to strike out and insert shall be precluded thereby, and a motion to strike out and insert is indivisible.-RULE XVI, clanse ?. (See STRIKE OUT, MOTION TO.)
Where a member obtains the floor in his right he has then the right to offer an amendment. Record, 1, 49, p. 204 (December 15, 1-85). Provided, of course, an amendment is in order.
After a proposition is amended it can not be withdrawn.RULE XVI, clause 2. (Nor after the previous question is ordered.) It may, however, be withdrawn while the House is dividing on a demand for the previous question.—Journal, 2, 29, p. 241.
An amendment is not in order to change the text of a bill which bas passed both Houses. Journal, 2, 48, p. 719.
Amendments reported from a committee have precedence over other amendments, and when reported with the bill are considered and treated as pending amendments, without res. pect to the limitation prescribed in RULE XIX.
A motion to amend can not be modified after the previous
An amendment proposing to ingraft a general provision of law upon a private bill is against order.-Journal, 1, 31, p. 784, or having the effect to convert a private into a public bill (or rice rersa).-Journal 1, 48, pp. 761, 762. It is also ont of order to ingraft upon a bill for the relief of one individual a provision for the relief of another.—Journal, 2, 32, p. 411.
Nor can a private bill be converted into a public bill by way of recommitment.-Journal, 1, 49, p. 571; Ibid., pp. 702, 703.
For the reason that the House can not do indirectly that which it can not do directly.
Nor can a llouse bill be substitutedl (except by unanimous consent) for a Senate bill or rice versa.
No motion or proposition on a subject different from that
under consideration shall be admitted under color of amendment-RULE XVI, clause 7.
While a large portion of a proposed amendment may be identical with some of the provisions stricken out of a pend. ing bill (or rejected as an amendment), it is not the identical proposition previously voted on.—Journal, 2, 48, p. 191.
An amendment by way of substitute for a pending bill can not be amended by offering as a further substitute the original proposition.-Record, 2, 50, Jan. 18, 1889, p. 984.
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.- Manual, p. 157.
On an amendment being moved, a member who has spoken to the main question may speak again to the amendment.Manual, p. 157.
Whenever any portion of a proposition reported or submitted is out of order (either as an entirety or by way of amendment) it is sufficient ground for the rejection of the entire proposi. tion.—Journal, 1, 47, p. 1704.
And this is often done by the Chair in sustaining a “point of order."
A resolution of the House can not be amended so as to be converted into a Joint Resolution.—Journal, 1, 32, p. 679.
An amendment to the rules can not be considered without one day's notice-RULE XXVIII, clause 1-nor, without a similar notice, is it in order to offer an amendment the effect of which is to change a standing rule.--Journal, 1, 17, p. 282. And it is virtually an amendment of the rules to impose other duties upon an officer of the House than those already prescribed.—Journal, 1, 31, p. 456.
An amendment reported from the Committee of the Whole as an entire amendment is not divisible.-Journal, 1, 28, p. 1061; 1, 29, pp. 366, 612; 1, 30, p. 1059; 2, 30, p. 574. Nor is an amendment of the Senate divisible.-Journal, 2, 32, p. 401. It is, however, subject to the point of order that under RULES XX and XXIII, clause 3, it must be first considered in the Committee of the Whole House.
After the bill has been reported from the Committee of the
Wbole with amendments it is in order to submit an additional amendment, but the first question put is upon the amendment reported.- Journal, 1, 29, p. 865. That is, if the previous ques. tion be not ordered. The demand for the previous question would also cut off amendment. If, in Committee of the Whole, an amendment is adopted, and subsequently the paragraph as amended is struck out, the amendment striking out is the only one to be reporied to the House. And if the latter is voted down in the House, the first amendment is not thereby revived.—Journal, 2, 31, p. 316.
(RULE XXI, clanse 2, so far as relates to amendments offered, under the later practice of the House is enforced with much strictness. (See APPROPRIATION BILLS and also LIMITA. TIONS.)
It is not in order to amend a pending privileged proposition by adding instructions to a committee on a subject or matter not privileged and not germane to the original proposition.Journal, 1, 48, p. 389; 2, 43, p. 546.
A motion to commit under clause 1, RULE XVII, with or without instructions, is subject to amendment under RULE XIX, unless precluded by ordering the previous question on the motion to commit.—Journal, 1, 48, p. 1430.
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. 1613, 1654.
AMENDMENTS BETWEEN THE TWO HOUSES.
Any amendment of the Senate to any IIouse bill shall be sub. ject to the point of order that it shall first be considered in the Committee of the Whole House on the state of the Union, if, originating in the House, it would be subject to that point.RULE XX.
Until the adoption of this rule in the revision of the rules (2d session 46th Congress) the practice in regard to amend. ments of the Senate was not uniform, the majority of decisions being, however, in harmony with the above rule.
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.- Man. ual, 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 motion 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 au amendment. * * They may modify an amendment 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 originating 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 adhere." - Journal 1, 34, pp. 1518, 1526. (See CONFERENCE COMMITTEES.)
282 AMENDMENIS 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 A DIIERE, 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. 1053, 165+.
Where no new proposition is presented by a Senate amendment, the point of order (under Rule XX) that it must first be considered in Committee of the Whole, is not well taken.Journal, 1, 51, p. 1087.
AMENDMENTS TO THE CONSTITUTION. The mamer in which amendments to the Constitution may be proposed and ratified is provided in Article V, which 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 Innals of
Con. Ses. gress. sion.
1789-1790 Mar. 4,1789, to Feb. 10, 1790. 1790-1791 Feb. 10, 1790, to Mar. 3, 1791.
Mar. 4, 1791. 1791-1793' Oct. 24, 1791, to Jar. 2, 1793.
Mar. 4, 1793. 1793-1795 Dec. 2, 1793, to Mar. 3, 1795.
June 8, 1795, to June 26, 1793. 1795-1706 Dec. 7, 179.), to June 1, 1796. 1796-1797 Dec. 5, 1796, to Mar. 3, 1797.
Mar. 4, 1797. 1797–1798 May 15, 1797, to Mar. 5, 1798. 1798-1799 Mar. 5, 1798, to July 16, 1798.
July 17, 1794, to July 19, 1798, 1799-1800 Dec. 3,1798, to Mar. 3, 1799.
*a Vol. 2 contains also proceedings of Senate from Dec. 3, 1798, to March 2, 1799. tb Vol. 3 contains House proceedings from Dec. 3, 1798, to March 3, 1799, andappendis.