« AnteriorContinuar »
Effect of adherence
Motion to recede
a pending amendment, or an amendment thereto, and cause the question to be put thereon; and this shall not preclude any further amendment or debate upon the bill." —Rule 132.
AMENDMENTS BETWEEN THE TWO HOUSES. Regular progres. When either house, e.g., the House of Representatives, sion from dinagree. ment to adherence. send a bill to the other, the other may pass it with amend
ments. 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.-(See Manual, pp. 125, 126.)
“After each house shall have adhered to their disby
agreement, a bill or resolution shall be lost."-Joint
Rule 15. Either house may “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. 126. And a motion to tükes precilerine recede takes precedence of a motion to insist.-Journals,
1, 23, p. 229; 1, 29, p. 696. “But the House cannot recede on its umendment from or insist on its own amendment with an amendment.
They may modify an amendment from the other house by engrafting an amendment on it."- Manual, p. 126.
“ A motion to amend an amendment from the other ,,ther house.
house takes precedence of a motion to agree or disagree. One house may A bill originating in one house is passed by the other amendment to its with an amendment. The originating house agrees to
their amendment with an amendment. 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. 123. Two conferences “In theordinary parliamentary course there are two tree at least before ad. herence. conferences, at least, before an adherence.”—Vanual, p.
126; Journals, 1, 31, p. 943; 1, 35, p. 1136. Although ndhere in tir-t in either house is free to pass over the term of insisting to inmint tukev pre: and to adhere in the first instance; but it is not respectful
to the other.- Manual, p. 126. A motion to insist, how.
of to insist.
House cannot recede from or insist
with amendment, but may amend other house's amendment.
Motion to amend an amendment of
amend the other's
be decided tir t. Questions of or.
viney. &c., sub.
When not de
ever, takes precedence of a motion to adhere.--Journal, 1, 34, pp. 1516, 1518. (See CONFERENCE COMMITTEES.) After one house has adhered, the other may recede After adherence
by one house. Journals, 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.)
APPEAL. “A question of order arising out of any other question Question of order must be decided before that question.” Manual, p. 105. others, court of to
quextion, Questions of order decided by the Speaker shall be “subject to an appeal to the House by any two members; tions, their rele: on which appeal no member shall speak more than once,
ject to. unless by leave of the House."-Rule2. [The questions of Deb order herein referred to relate to motions or propositions, their applicability or relevancy, &c.--Note to Rule 2. But all incidental questions of order arising after a motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate."--Rule 133. [So, too, under the practice, all questions of order which may arise, pending a question which is not debatable, must be decided with: out debate. And "all questions relating to the priority of business to be acted on shall be decided without debate."-Rule 66.
“If any member, in speaking or otherwise, transgress In case of memthe rules of the House, the Speaker shall, or any member rules in praking may, call to order; in which case the member so called or iudecorum. to order shall immediately sit down, unless permitted to explain; and the House shall, if appealed to, decide on the case, but without debate.”—Rule 61. [The call to order herein referred to has reference only to "transgressions of the rules in speaking," or to indecorum of any kind.)
“If any difficulty arises in point of order during the No appeal on division, the Speaker is to decide peremptorily, subject ring a division. to the future censure of the House, if irregular.”—Ian.' ual, p. 122.
An appeal may be laid on the table-Journal, 1, 26, p. May be laid on 529—and being laid on the table does not carry with it fette
, and its ef
point of order du
Where too late to raise question of order.
cided on, cannot
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 considered equivalent to a vote sustaining the decision of the Chair.
It is too late to renew a question of order on the admissibility 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 objection on a former day, and entered
on the journal.-Ibid., 2, 30, p. 382; 1, 38, p. 538. Question just de. A question of order just decided on appeal cannot be be renewed.
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 reconsideration of the vote on the appeal.-Ibid.,
1, 31, pp. 860, 861. Pending the elec. Pending the election of a Speaker, the Clerk shall tion of Speaker, Clerk" to Petite decide all questions of order that may arise, subject to questions of order.
appeal to the House.-Rule 146.
An appeal is not in order while another appeal is pend
ing.-Cong. Globe, 1, 27, p. 154; 2, 29, p. 290. How questions
The form of stating the question on an appeal is: “ Shall the decision of the Chair stand as the judgment
of the House?" Questions of or.
"All questions of order shall be noted by the Clerk, put at end of jour: with the decision, and put together at the end of the
journal of every session."Rule 15.
Where too late to reconsider vote on appeal.
Not in order while another is pending.
der to be noted and
APPROPRIATION BILLS. General, when to
" It shall be the duty of the Committee on Appropriabe reported.
tions, within thirty days after their appointment, at every session of Congress, commencing on the first Monday of December, to report the general appropriation bills for legislative, executive, and judicial expenses; for sundry civil expenses; for consular and diplomatic expenses; for the army; for the navy; for the expenses of the Indian department; for the payment of invalid and other pensions; for the support of the Military Academy; for fortifications; for the service of the Post
reported at any
Amount of appropriations in, > must be tated.
Office Department, and for mail transportation by ocean steamers; or, in failure thereof, the reasons of such failure. And said committee shall have leave to report General, may be said bills (for reference only) at any time. In all time. cases where appropriations cannot be made specific in amount the maximum to be expended shall be stated, and each appropriation bill when reported from the committee shall, in the concluding clause, state the sum total of all the items contained in said bill.”—Rule 77.
“In preparing bills of appropriation for other objects, Appropriations the Committee on Appropriations shall not include appro- treaties not to be
for carrying out priations for carrying into effect treaties made by the included in. United States; and when an appropriation bill shall be referred to them for their consideration which contains appropriations for carrying a treaty into effect, and for other objects, they shall propose such amendments as shall prevent appropriations for carrying a treaty into effect being included in the same bill with appropriations for other objects."-Rule 76.
But where a general appropriation bill containing an But where comitem for carrying out a treaty has been committed by the ruled out of order. House, it cannot be ruled out of order by the Committee of the Whole.-Cong. Globe, 2, 31, pp. 356, 357.
“ No appropriation shall be reported in such general Amendment to appropriation bills, or be in order as an amendment general. thereto, for any expenditure not previously authorized by law, unless in continuation of appropriations for such public works and objects as are already in progress, and for the contingencies for carrying on the several departments of the government."-Rule 120. [It has been decided that under this rule it is not in order to propose an amendment to a general appropriation bill, which changes an existing law.—Journal, 1, 38, pp. 598, 599. But it was also decided that the latter branch of the rule not only permitted amendments increasing salaries, but was framed for that very purpose.—See Cong. Globe, vol. 54, pp. 306, 325—also, Cong. Globe, vol. 6, p. 224.]
This rule is rigidly enforced, so far as relates to amendments offered in the House or in committee, but it not unfrequently happens that bills are reported which are in conflict with it; and as they are usually received by
mitted cannot be be
Committee of the
the House and committed without being read in extenso, the conflict is not discovered until they are considered
in committee, when it is too late to make the point.] All proceedings “ All proceedings touching appropriations of money touching to first discussed in shall be first discussed in a Committee of the Whole
House."-Rule 112. [The construction given to this rule is, that all bills, or amendments thereto, containing an appropriation of money must be committed to a Committee of the Whole before being considered in the House: hence, if such a bill, on its engrossment, or third reading, or such an amendment, be pending before the House, and no motion is made to commit or postpone, the House must pass from its consideration, and the bill go to the Speaker's table. But House bills with Senate amendments reducing the amount of, or restricting, appropria
tions, need not be committed.] Bills which need But a bill directing the disbursement of money already not be committed
appropriated-Journal, 1, 24, p. 251–or directing payment of money hereafter to be appropriated-Journal, 1, 31, p. 1216; 1, 38, p. 538_need not be committed. Neither is it necessary that a bill containing an appropriation of
lands should be committed.--Journal, 1, 30, p. 526. And When point of
when the rules have been suspended for the purpose of enabling the report of a measure to be made, and also for its consideration, a point of order that it contains an appropriation cannot be well taken.-Journal, 1, 34, pp.
1172, 1173. Preference given “General appropriation bills shall be in order in preto general, in the House.
ference to any other bills of a public nature, unless other
wise ordered by a majority of the House. And the General, may be made specialorder
may, at any time, by a vote of a majority of the members present, make any of the general appropriation
bills a special order.”-Rule 119. Preference given And in Committee of the Whole House on the state to general, in Com
the of the Union, general appropriation bills, and, in time of Whole.
war, bills for raising men and money, and bills concern
order on, caunot be well taken.
at any time.