l>House Practice: A overview to the Rules, Precedents and Procedures that the house - chapter 34. Office that the Speaker<> thing 34 - OFFICE of THE SPEAKER home PRACTICE Sec. 1. Function of speak Sec. 2. Hatchet of Office; Vacancy Sec. 3. Choice Sec. 4. Jurisdiction and also Duties; Rulings Sec. 5. Participation in Debate and also Voting Sec. 6. The Speaker agree Tempore Research referrals 1 Hinds Sec. Sec. 186-234; 2 Hinds Sec. Sec. 1307-1412 6 Cannon Sec. Sec. 23, 24, 247-282 Deschler Ch 6 Sec. Sec. 1-14 manual Sec. Sec. 621-639, 970 Sec. 1 . Role of speak The speaker is the presiding officer of the House and is charged with many duties and responsibilities by law and also by the home rules. As the presiding officer the the House, the speak maintains order, manages that is proceedings, and also governs the management of its business. Manual Sec. 622; Deschler Ch 6 Sec. Sec. 2-8. The significant functions of the Speaker v respect to the factor to consider of procedures on the floor encompass recognizing Members who seek to address the residence (Manual Sec. 949), construing and applying the residence rules (Manual Sec. 627), and also putting the question on matters emerging on the floor come a vote (Manual Sec. 630). The Speaker"s duty as presiding officer is an impartial one, and also his rulings offer to safeguard the civil liberties of the minority. 88-1, June 4, 1963, pp 10151-65. In search to protect the interests of the minority, the has also asked unanimous consent that an order of the home be vacated where the situations so required. 89-1, may 18, 1965, ns 10871.

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<> Sec. 2 . Ax of Office; Vacancy Term limit The Speaker"s ax of office begins on his taking of his oath the office, which automatically follows his election and opening remarks. The term ends on the expiration of the conference in i beg your pardon he to be elected, uneven he has resigned, died, or been removed from office. Deschler Ch 6 Sec. 2. During the 104th through 107th Congresses, the Speaker"s hatchet of office was restricted for four consecutive Congresses. That preeminence was repealed in the 108th Congress. Hands-on Sec. 635. Vacancy The Office that Speaker may be declared vacant through resolution, which might be available as a matter of privilege. Hands-on Sec. 315; 6 Cannon Sec. 35. Under rule I i 8(b)(3), adopted in the 108th Congress, the speak is compelled to provide to the salesperson a perform of Members in the bespeak in which each shall act together Speaker agree tempore in the instance of a vacancy in the Office the Speaker. The Member acting as Speaker pro tempore under this provision might exercise together authorities the the Office of speaker as might be necessary and appropriate pending the election of a speak or Speaker agree tempore. A vacancy in the Office may exist by factor of the physical inability that the speak to discharge the duties that the Office. Sec. 3 . Choice Speaker favored from Members post I, section 2 the the constitution directs that the House pick its Speaker and also other officers. The speaker is the only home officer that traditionally has been chosen from the sitting membership of the House. Hand-operated Sec. 26. The structure does no limit his an option from amongst that class, however the practice has actually been complied with invariably. The Speaker"s hatchet of office thus expires at the finish of his hatchet of office together a Member, whereas the other house officers continue in office ``until your successors room chosen and qualified."" preeminence II clause 1; 1 Hinds Sec. 187. Nomination and also Vote The general practice for election of Speaker starts with nominations from each party caucus followed by a viva voce poll of the Members-elect. Relying ~ above the act of June 1, 1789, the Clerk well-known for nominations for Speaker together being of greater constitutional privilege than a resolution to postpone the election of a Speaker and also instead provide for the election of<> a Speaker pro tempore pending the disposition of certain ethics charges versus the nominee that the bulk party. 2 USC Sec. 25; manual Sec. 27. Under the modern practice, the speaker is elected by a majority of Members-elect voting by surname, a quorum gift present. Hands-on Sec. 27; 1 Hinds Sec. 216; 6 Cannon Sec. 24. The salesperson appoints tellers because that this election. However, the House, and also not the Clerk, decides through what technique it chandelier elect. 1 Hinds Sec. 210. For former practices relating to the choice of the Speaker, see manual Sec. 27; 1 Hinds Sec. Sec. 212, 214, 218; 8 Cannon Sec. 3883. In 2 instances the residence agreed to choose and subsequently did pick a speak by a plurality of votes however confirmed the an option by bulk vote. In 1849 the house had remained in session 19 work without being able to selected a Speaker, no candidate having actually received a bulk of the votes cast. The voting was viva voce, every Member responding come the call of the role by specify name the candidate for whom he voted. Finally, after the fifty-ninth ballot, the House embraced a resolution advertising that a Speaker might be elected by a plurality. 1 Hinds Sec. 221. In 1856 the residence again struggled end the choice of a Speaker. Ballots number is numbered 129 had actually been taken without any type of candidate receiving a bulk of the votes cast. The residence then embraced a resolution permit the election to be chose by a plurality. 1 Hinds Sec. 222. Top top both of these occasions, the residence ratified the plurality election by a majority vote. Sec. 4 . Jurisdiction and Duties; Rulings The speak presides end the service of the House. In the execution the his duties, the Speaker: Calls to order and the approval the the Journal. Hand-operated Sec. Sec. 621, 622. advert bills and other problem to committee. Manual Sec. 816. handle of company on the Speaker"s table. Hands-on Sec. Sec. 873-875. Designates a Speaker agree tempore, and also appoints Chairmen the the Committee that the Whole. Hand-operated Sec. Sec. 632, 970. establish Members. Deschler Ch 6 Sec. Sec. 3.16-3.23. states a inquiry in prescribed form. Hand-operated Sec. 630. Supervises the time of debate and other proceedings in the House. Deschler Ch 6 Sec. 3.25. rule on point out of order and also responds to parliamentary inquiries. Deschler Ch 6 Sec. 3. renders appointments pursuant come statute, residence rules, and House resolutions. Deschler Ch 6 Sec. 6. For appointments come committees, see Committees. Certifies to a U.S. Lawyer persons found to it is in in contempt that a house committee. Deschler Ch 6 Sec. 3.40.<> Declares the residence in recess in the occasion of one emergency pursuant to his inherent power, pursuant to dominion I i 12, or pursuant to a home resolution authorizing him to take such action. Deschler Ch 6 Sec. 3.44; see Recess. transforms convening time (within constitutional limit) throughout an adjournment of not more than 3 days, in the situation of imminent handicap of the ar of reconvening. Preeminence I clause 12(c). Convenes the residence in a place at the seat of federal government other 보다 the hall of the house whenever the is in the public interest. Ascendancy 1 i 12(d). indicators various documents, consisting of warrants and subpoenas. Dominion I i 4. makes preliminary decisions regarding questions of privilege. 3 Hinds Sec. Sec. 2649, 2650, 2654. determines the presence of a quorum, conducts quorum counts, and also counts certain votes. Hand-operated Sec. Sec. 55, 630, 810, 1012; 4 Hinds Sec. 2932. Announces the lack of a quorum without unnecessary delay. 6 Cannon Sec. 652. Maintains bespeak in debate. Hand-operated Sec. 960. Administers censure by direction that the House. 6 Cannon Sec. Sec. 236, 237. Designates Members to travel on official company of the House. Hands-on Sec. 636. Appoints Members come conference committees. Hands-on Sec. Sec. 536, 637. rules on the validity that conference reports. Hand-operated Sec. 628; 5 Hinds Sec. Sec. 6409, 6410, 6414, 6416, 6409-6413; 8 Cannon Sec. Sec. 3256, 3264. Declares the house adjourned when the hour formerly fixed for adjournment arrives. 5 Hinds Sec. 6735. authorize assignment of leadership staff to the floor. Ascendancy IV clause 2(a) countless matters have actually been held to be past the scope of the Speaker"s obligation under the rules. The speak does not: Construe the legislative or legal result of a pending measure or discuss the merits thereof. Manual Sec. 628; Deschler Ch 6 Sec. Sec. 4.20, 4.21. recognize whether Members have actually abused leave to print. Hands-on Sec. 628. answer to hypothetical questions, render anticipatory rulings, or decision a concern not straight presented by the proceedings. Hands-on Sec. 628; Deschler Ch 6 Sec. Sec. 4.13, 4.14. recognize questions that are within the district of the Chairman of the Committee that the Whole. Hand-operated Sec. 971; 5 Hinds Sec. 6987. happen on the constitutional powers of the House, the constitutionality of house rules, or the constitutionality that amendments readily available to pending bills. Manual Sec. 628. Resolve inquiries on the consistency of one amendment through the measure up to which the is offered, or through an amendment that currently has been adopted, or ~ above the consistency the proposed action with various other acts that the House. Manual Sec. Sec. 466, 628; 5 Hinds Sec. 5781.<> prize inquiries regarding the ease of access of amendments not yet offered. Deschler Ch 27 Sec. 3.37. decision whether a Member have to be allowed to display an exhibit in debate, except under the Speaker"s duty to keep decorum. Hands-on Sec. 622; Deschler Ch 6 Sec. 4.10. preeminence on the sufficiency or result of committee reports or even if it is the committee has complied with instructions. Hand-operated Sec. 628; 2 Hinds Sec. 1338; 4 Hinds Sec. Sec. 4404, 4689; Deschler Ch 6 Sec. Sec. 4.22, 4.23. dominion on the propriety or expediency the a proposed food of action. Hand-operated Sec. 628. Construe the aftermath of a pending vote. Deschler Ch 6 Sec. Sec. 4.27, 4.28. determine whether a Member need to be censured or whether an office that holds is incompatible with his membership, these gift matters because that the home to decide. 2 Hinds Sec. 1275; 6 Cannon Sec. 253. look behind the unambiguous language that a one-of-a-kind order embraced by the house when interpreting its language. Hand-operated Sec. 628. Because that jurisdiction and duties that the Chairman the the Committee the the Whole, check out Committees that the Whole. Sec. 5 . Participation in Debate and also Voting debate Although the Speaker"s usual function is that of the presiding officer, there have been many instances in which he has made a statement native the Chair or in which he has relinquished the Chair and also participated in the controversy on the floor. Hand-operated Sec. 358. He may take the floor for functions of controversy both in the House and in the Committee of the Whole. If the speak is to take part in controversy on the floor that the House, he calls one more Member to the Chair to offer as Speaker agree tempore. Manual Sec. 358; 2 Hinds Sec. 1360. Poll Under the early rules of the House, the Speaker was barred native voting except under particular circumstances. 5 Hinds Sec. 5964. Today, the Speaker has actually the same best as other Members come vote yet only occasionally exercises it. Hand-operated Sec. 631. The Speaker may vote on any type of matter that comes prior to the House, and also he is required to vote where his vote would certainly be decisive or where the house is engaged in vote by ballot. Ascendancy I i 7; hand-operated Sec. 631. The duty of giving a decisive vote might be exercised after the intervention of other business, if a mediate of the roll mirrors a problem wherein his vote would be decisive. 5 Hinds Sec. Sec. 6061-6063. On an electronic vote, the Chair may direct the clerk to document him and also verify that instruction through submitting a vote card. Manual Sec. 631.

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<> Sec. 6 . The Speaker agree Tempore appointment or choice The Speaker may appoint a Speaker agree tempore. Such an appointment might not exceed three legislative days, except that in the instance of illness the Speaker"s appointment may expand to 10 days with the approval that the House. Dominance I clause 8. For much longer periods, a Speaker pro tempore is elected by the House. Manual Sec. 632. A Member sometimes is designated Speaker agree tempore through the Speaker and also subsequently chosen by the House. Deschler Ch 6 Sec. 12.76. If the speak appoints a Speaker agree tempore just for functions of signing enrolled bills and joint resolutions, such an meeting may extend for a ``specified duration of time"" through the approval the the House. Dominion I i 8. The Speaker might appoint two alternating Members to authorize enrolled bills. Hand-operated Sec. 634. Under ascendancy I clause 8(b)(3), adopted in the 108th Congress, the speaker is required to deliver to the salesman a list of Members in the stimulate in which each shall act together Speaker pro tempore in the situation of a vacancy in the Office of Speaker. A Speaker pro tempore is chosen pursuant to resolution. Deschler Ch 6 Sec. 14.1. The resolution might be available by the chairman the the majority party caucus or through the bulk Leader. Deschler Ch 6 Sec. 14. A Speaker pro tempore by designation pipeline the Chair pending the giving of a resolution electing him together Speaker agree tempore. Deschler Ch 6 Sec. Sec. 11.7, 14.1. Oath of Office The oath the office is administered to an chosen Speaker agree tempore, however not come a designated Speaker agree tempore. Deschler Ch 6 Sec. 11. The oath is administered to an chosen Speaker pro tempore by the speaker himself, by the Dean that the House, or by an additional Member. Deschler Ch 6 Sec. Sec. 11.4-11.6. Who might Serve Under ascendancy I clause 8, the Speaker agree tempore must be a Member that the House. Manual Sec. 632. He commonly is a member that the majority party (Deschler Ch 6 Sec. 10), such as the majority Leader (Deschler Ch 3 Sec. 17.5) or the majority Whip (Deschler Ch 3 Sec. 23.5). However, the Dean that the House also has offered in the capacity. 89-1, Jan. 19, 1965, ns 946. On rarely ceremonial occasions the decimal Leader has actually been designated Speaker pro tempore. Deschler Ch 6 Sec. 12.7. Powers and also Functions The Speaker pro tempore, as the occupant that the Chair, exercises countless functions that normally autumn within the purview of the Speaker. Routine<> attributes that space within the limit of authority of a Speaker agree tempore are calling the home to order, making various announcements, answering parliamentary inquiries, placing the question, counting for a quorum, ruling on point out of order, and designating another Speaker agree tempore. Deschler Ch 6 Sec. Sec. 9, 10. When the Office of speaker is vacant, the Member acting as Speaker pro tempore under ascendancy I section 8(b) may exercise such authorities that the Office as may be necessary and appropriate pending the choice of a speaker or Speaker agree tempore. The authority of a Speaker pro tempore come exercise certain powers relies on whether he is designated, designated and also approved, or elected. The powers of a designated Speaker agree tempore, contrasted with those that an elected Speaker agree tempore, are relatively limited. Deschler Ch 6 Sec. Sec. 10, 14. Missing unanimous consent or specific House approval, a designated Speaker agree tempore may not: provide the oath the office to a Member-elect. Deschler Ch 6 Sec. 12.8. announcement appointments make by the speaker pursuant to law. 96- 1, Jan. 31, 1979, p 1511. appoint conferees or make appointments of added conferees. Deschler Ch 6 Sec. Sec. 12.9, 12.10. appoint Members to attend a funeral. Deschler Ch 6 Sec. 12.14. spread upon the newspaper a veto post from the President. Deschler Ch 6 Sec. 12.11. By contrast, an elected Speaker pro tempore may, because that example, choose conferees, provide the oath that office to a Member-elect, and preside at a share session that Congress. Deschler Ch 6 Sec. Sec. 12.8, 14, 14.8.