l>House Practice: A Guide to the Rules, Precedents and also Procedures of the Housage - Chapter 34. Office of the Speaker<> CHAPTER 34 - OFFICE OF THE SPEAKER HOUSE PRACTICE Sec. 1. Role of Speaker Sec. 2. Term of Office; Vacancy Sec. 3. Election Sec. 4. Jurisdiction and Duties; Rulings Sec. 5. Participation in Debate and also Voting Sec. 6. The Speaker Pro Tempore Research References 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 Speaker The Speaker is the presiding officer of the House and is charged through many duties and also responsibilities by law and also by the House rules. As the presiding officer of the Housage, the Speaker maintains order, manperiods its proceedings, and also governs the administration of its business. Manual Sec. 622; Deschler Ch 6 Sec. Sec. 2-8. The significant features of the Speaker through respect to the consideration of measures on the floor incorporate recognizing Members that look for to attend to the House (Manual Sec. 949), construing and applying the House rules (Manual Sec. 627), and also putting the question on matters occurring on the floor to a vote (Manual Sec. 630). The Speaker"s duty as presiding officer is an impartial one, and also his rulings serve to defend the rights of the minority. 88-1, June 4, 1963, pp 10151-65. In seeking to defend the interests of the minority, he has actually also asked unanimous consent out that an order of the Housage be vacated wbelow the situations so compelled. 89-1, May 18, 1965, p 10871.
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<> Sec. 2 . Term of Office; Vacancy Term Limit The Speaker"s term of office begins on his taking of his oath of office, which immediately adheres to his election and opening remarks. The term ends on the expiration of the Congress in which he was chosen, unless he has resigned, passed away, or been rerelocated from office. Deschler Ch 6 Sec. 2. During the 10fourth via 107th Congresses, the Speaker"s term of office was restricted for four consecutive Congresses. That rule was repealed in the 108th Congress. Manual Sec. 635. Vacancy The Office of Speaker may be asserted vacant by resolution, which might be readily available as a issue of privilege. Manual Sec. 315; 6 Cannon Sec. 35. Under preeminence I clausage 8(b)(3), embraced in the 108th Congress, the Speaker is required to provide to the Clerk a list of Members in the order in which each shall act as Speaker pro tempore in the situation of a vacancy in the Office of Speaker. The Member acting as Speaker pro tempore under this provision might exercise such authorities of the Office of Speaker as may be necessary and also proper pfinishing the election of a Speaker or Speaker pro tempore. A vacancy in the Office might exist by factor of the physical incapability of the Speaker to discharge the duties of the Office. Sec. 3 . Election Speaker Chosen from Members Article I, section 2 of the Constitution directs that the Housage pick its Speaker and also various other police officers. The Speaker is the only House officer who traditionally has actually been preferred from the sitting membership of the House. Manual Sec. 26. The Constitution does not limit his selection from among that class, but the practice has actually been followed invariably. The Speaker"s term of office hence expires at the finish of his term of office as a Member, whereas the various other House police officers proceed in office ``until their successors are liked and qualified."" Rule II clausage 1; 1 Hinds Sec. 187. Nomination and Vote The basic exercise for election of Speaker starts with nomicountries from each party caucus followed by a viva voce vote of the Members-elect. Relying on the Act of June 1, 1789, the Clerk well-known for nomicountries for Speaker as being of higher constitutional privilege than a resolution to postpone the election of a Speaker and also rather provide for the election of<> a Speaker pro tempore pending the displace of particular ethics charges versus the nominee of the majority 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 being existing. Manual Sec. 27; 1 Hinds Sec. 216; 6 Cannon Sec. 24. The Clerk appoints tellers for this election. However, the Housage, and not the Clerk, decides by what technique it shall elect. 1 Hinds Sec. 210. For former techniques relating to the election of the Speaker, view Manual Sec. 27; 1 Hinds Sec. Sec. 212, 214, 218; 8 Cannon Sec. 3883. In 2 instances the House agreed to choose and subsequently did select a Speaker by a plurality of votes however confirmed the alternative by majority vote. In 1849 the House had been in session 19 days without being able to elect a Speaker, no candiday having received a bulk of the votes actors. The voting was viva voce, each Member responding to the call of the roll by naming the candidate for whom he voted. Finally, after the fifty-nine ballot, the House adopted a resolution declaring that a Speaker can be chosen by a plurality. 1 Hinds Sec. 221. In 1856 the House aget struggled over the election of a Speaker. Ballots numbering 129 had actually been taken without any kind of candidate receiving a majority of the votes actors. The Housage then embraced a resolution permitting the election to be determined by a plurality. 1 Hinds Sec. 222. On both of these occasions, the House validated the plurality election by a bulk vote. Sec. 4 . Jurisdiction and also Duties; Rulings The Speaker presides over the service of the House. In the execution of his duties, the Speaker: Calls to order and also the approval of the Journal. Manual Sec. Sec. 621, 622. Refers bills and other matters to committee. Manual Sec. 816. Disposes of service on the Speaker"s table. Manual Sec. Sec. 873-875. Designates a Speaker pro tempore, and appoints Chairguys of the Committee of the Whole. Manual Sec. Sec. 632, 970. Recognizes Members. Deschler Ch 6 Sec. Sec. 3.16-3.23. States a question in prescribed create. Manual Sec. 630. Supervises the timing of dispute and also other proceedings in the House. Deschler Ch 6 Sec. 3.25. Rules on points of order and responds to parliamentary inquiries. Deschler Ch 6 Sec. 3. Makes appointments pursuant to statute, Housage rules, and House reservices. Deschler Ch 6 Sec. 6. For appointments to committees, see Committees. Certifies to a UNITED STATE Attorney persons discovered to be in contempt of a Housage committee. Deschler Ch 6 Sec. 3.40.<> Declares the Housage in recess in the event of an emergency pursuant to his inherent power, pursuant to ascendancy I clause 12, or pursuant to a Housage resolution authorizing him to take such activity. Deschler Ch 6 Sec. 3.44; view Recess. Changes convening time (within constitutional limit) during an adjournment of not even more than 3 days, in the case of brewing impairment of the area of reconvening. Rule I clausage 12(c). Convenes the Housage in a location at the seat of federal government various other than the Hall of the House whenever it is in the public interest. Rule 1 clausage 12(d). Signs assorted records, including warrants and also subpoenas. Rule I clause 4. Makes preliminary decisions as to questions of privilege. 3 Hinds Sec. Sec. 2649, 2650, 2654. Determines the existence of a quorum, conducts quorum counts, and also counts specific votes. Manual Sec. Sec. 55, 630, 810, 1012; 4 Hinds Sec. 2932. Announces the absence of a quorum without unessential delay. 6 Cannon Sec. 652. Maintains order in conflict. Manual Sec. 960. Administers cencertain by direction of the House. 6 Cannon Sec. Sec. 236, 237. Designates Members to take a trip on main company of the House. Manual Sec. 636. Appoints Members to conference committees. Manual Sec. Sec. 536, 637. Rules on the validity of conference reports. Manual Sec. 628; 5 Hinds Sec. Sec. 6409, 6410, 6414, 6416, 6409-6413; 8 Cannon Sec. Sec. 3256, 3264. Declares the Housage adjourned when the hour previously addressed for adjournment arrives. 5 Hinds Sec. 6735. Approves assignment of management staff to the floor. Rule IV clausage 2(a) Many type of matters have been held to be past the scope of the Speaker"s responsibility under the rules. The Speaker does not: Construe the legislative or legal impact of a pfinishing measure or discuss the merits thereof. Manual Sec. 628; Deschler Ch 6 Sec. Sec. 4.20, 4.21. Determine whether Members have abused leave to print. Manual Sec. 628. Respond to hypothetical concerns, render anticipatory rulings, or decide a question not directly presented by the proceedings. Manual Sec. 628; Deschler Ch 6 Sec. Sec. 4.13, 4.14. Determine concerns that are within the province of the Chairman of the Committee of the Whole. Manual Sec. 971; 5 Hinds Sec. 6987. Pass on the constitutional powers of the House, the constitutionality of Housage rules, or the constitutionality of amendments readily available to pending bills. Manual Sec. 628. Resolve concerns on the consistency of an amendment with the meacertain to which it is available, or via an amendment that currently has been embraced, or on the consistency of proposed action through other acts of the Housage. Manual Sec. Sec. 466, 628; 5 Hinds Sec. 5781.<> Answer inquiries as to the availcapability of amendments not yet readily available. Deschler Ch 27 Sec. 3.37. Decide whether a Member should be allowed to display an exhilittle bit in conflict, other than under the Speaker"s duty to maintain decorum. Manual Sec. 622; Deschler Ch 6 Sec. 4.10. Rule on the sufficiency or effect of committee reports or whether the committee has complied with instructions. Manual Sec. 628; 2 Hinds Sec. 1338; 4 Hinds Sec. Sec. 4404, 4689; Deschler Ch 6 Sec. Sec. 4.22, 4.23. Rule on the propriety or expediency of a proposed course of action. Manual Sec. 628. Construe the after-effects of a pfinishing vote. Deschler Ch 6 Sec. Sec. 4.27, 4.28. Determine whether a Member need to be censured or whether an office he holds is incompatible through his membership, these being matters for the Housage to decide. 2 Hinds Sec. 1275; 6 Cannon Sec. 253. Look behind the unambiguous language of a one-of-a-kind order adopted by the House once interpreting its language. Manual Sec. 628. For jurisdiction and duties of the Chairmale of the Committee of the Whole, watch Committees of the Whole. Sec. 5 . Participation in Debate and also Voting Debate Although the Speaker"s usual function is that of the presiding officer, tright here have been many instances in which he has actually made a statement from the Chair or in which he has actually relinquimelted the Chair and also participated in the dispute on the floor. Manual Sec. 358. He might take the floor for functions of controversy both in the Housage and in the Committee of the Whole. If the Speaker is to take part in debate on the floor of the Housage, he calls an additional Member to the Chair to serve as Speaker pro tempore. Manual Sec. 358; 2 Hinds Sec. 1360. Voting Under the at an early stage rules of the House, the Speaker was barred from voting except under certain situations. 5 Hinds Sec. 5964. Today, the Speaker has actually the same appropriate as other Members to vote but only sometimes exercises it. Manual Sec. 631. The Speaker might vote on any matter that comes before the Housage, and he is compelled to vote wright here his vote would be decisive or where the House is involved in voting by ballot. Rule I clause 7; Manual Sec. 631. The duty of offering a decisive vote may be worked out after the treatment of other business, if a correction of the roll mirrors a condition wherein his vote would be decisive. 5 Hinds Sec. Sec. 6061-6063. On an electronic vote, the Chair may straight the Clerk to record him and verify that instruction by submitting a vote card. Manual Sec. 631.
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<> Sec. 6 . The Speaker Pro Tempore Appointment or Election The Speaker may apsuggest a Speaker pro tempore. Such an appointment might not exceed 3 legislative days, other than that in the situation of illness the Speaker"s appointment may extfinish to 10 days through the approval of the Housage. Rule I clause 8. For longer durations, a Speaker pro tempore is elected by the House. Manual Sec. 632. A Member sometimes is designated Speaker pro tempore by the Speaker and ultimately elected by the Housage. Deschler Ch 6 Sec. 12.76. If the Speaker appoints a Speaker pro tempore just for purposes of signing enrolled bills and joint reremedies, such an appointment might extend for a ``specified duration of time"" through the approval of the Housage. Rule I clausage 8. The Speaker might appoint two different Members to sign enrolled bills. Manual Sec. 634. Under dominance I clause 8(b)(3), adopted in the 108th Congress, the Speaker is compelled to supply to the Clerk a list of Members in the order in which each shall act as Speaker pro tempore in the instance 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 may be available by the chairman of the majority party caucus or by the Majority Leader. Deschler Ch 6 Sec. 14. A Speaker pro tempore by designation leaves the Chair pfinishing the offering of a resolution electing him as Speaker pro tempore. Deschler Ch 6 Sec. Sec. 11.7, 14.1. Oath of Office The oath of office is administered to an chosen Speaker pro tempore, yet not to a designated Speaker pro tempore. Deschler Ch 6 Sec. 11. The oath is administered to an chosen Speaker pro tempore by the Speaker himself, by the Dean of the Housage, or by one more Member. Deschler Ch 6 Sec. Sec. 11.4-11.6. Who May Serve Under preeminence I clause 8, the Speaker pro tempore should be a Member of the House. Manual Sec. 632. He typically is a member of 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 before, the Dean of the House also has offered in that capacity. 89-1, Jan. 19, 1965, p 946. On rare ceremonial occasions the Minority Leader has been designated Speaker pro tempore. Deschler Ch 6 Sec. 12.7. Powers and Functions The Speaker pro tempore, as the occupant of the Chair, exercises many kind of features that usually autumn within the pursee of the Speaker. Routine<> features that are within the scope of authority of a Speaker pro tempore are calling the Housage to order, making various announcements, answering parliamentary inquiries, putting the question, counting for a quorum, judgment on points of order, and also designating an additional Speaker pro tempore. Deschler Ch 6 Sec. Sec. 9, 10. When the Office of Speaker is vacant, the Member acting as Speaker pro tempore under dominance I area 8(b) may exercise such authorities of the Office as might be essential and also proper pfinishing the election of a Speaker or Speaker pro tempore. The authority of a Speaker pro tempore to exercise particular powers counts on whether he is designated, designated and apconfirmed, or elected. The powers of a designated Speaker pro tempore, compared with those of an chosen Speaker pro tempore, are relatively limited. Deschler Ch 6 Sec. Sec. 10, 14. Absent out unanimous consent or certain Housage approval, a designated Speaker pro tempore might not: Administer the oath of office to a Member-elect. Deschler Ch 6 Sec. 12.8. Announce appointments made by the Speaker pursuant to law. 96- 1, Jan. 31, 1979, p 1511. Apsuggest conferees or make appointments of added conferees. Deschler Ch 6 Sec. Sec. 12.9, 12.10. Apsuggest Members to attend a funeral. Deschler Ch 6 Sec. 12.14. Spcheck out upon the Journal a veto message from the President. Deschler Ch 6 Sec. 12.11. By contrast, an elected Speaker pro tempore may, for instance, apsuggest conferees, carry out the oath of office to a Member-elect, and preside at a joint session of Congress. Deschler Ch 6 Sec. Sec. 12.8, 14, 14.8.