[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Lay on the Table]
[From the U.S. Government Printing Office, www.gpo.gov]
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LAY ON THE TABLE
Sec. 1. In General; Effect
Sec. 2. When in Order
Sec. 3. Precedence
Sec. 4. Application to Particular Propositions
Sec. 5. Application to Particular Motions
Sec. 6. Offering the Motion; Debate and Disposition
Sec. 7. Collateral Matters Carried to the Table
Sec. 8. Taking From the Table; Reconsideration
Research References
5 Hinds Secs. 5389-5442
8 Cannon Secs. 2649-2660
7 Deschler Ch 23 Secs. 9-13
Manual Secs. 445, 782, 785
Sec. 1 . In General; Effect
The motion to table (or, under the more formal terminology of the
Rule XVI clause 4, to ``lay on the table'') is used to adversely
dispose of a proposition pending in the House. Deschler Ch 23
Sec. 9.1. Manual Sec. 785. The table referred to in Rule XVI is the
Clerk's table, not the Speaker's table. 5 Hinds Sec. 5389 (note).
The language ``to lay on the table''--to the extent that it
implies that the tabled matter is only temporarily in abeyance--is
misleading. The motion is not used simply to put aside a pending
matter. The action of the House in adopting the motion to table a
proposition is equivalent to a final adverse disposition thereof
(Deschler Ch 23 Sec. 9.1), and does not merely represent a refusal to
consider it. 95-2, Aug. 15, 1978, p 26204. In this respect the House
practice differs from general parliamentary usage, which permits the
use of the motion to temporarily suspend consideration of a matter.
Under the modern practice in the House, a tabling action is ordinarily
as much a final adverse decision as a negative vote on the passage of
a bill. 5 Hinds Sec. 6540 (note). With few exceptions, matters laid on
the table may be taken therefrom only by unanimous consent or by a
motion to suspend the rules. Sec. 8, infra. The pending proposition
being disposed of finally and
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adversely, the adoption of the motion may have the effect of depriving
a Member of his right to debate a proposition he has offered. Deschler
Ch 23 Sec. 9.2.
If the House rejects the motion to table a proposition, the
proposition is before the House for disposition. Deschler Ch 23
Secs. 9.19, 12.3.
Sec. 2 . When in Order
The motion to table is in order only in the House; it is not in
order in the Committee of the Whole (4 Hinds Secs. 4719, 4720; 8
Cannon Secs. 2330, 2556a; Deschler Ch 23 Secs. 9.29, 9.30; 104-1, Mar.
16, 1995, p ____) and does not apply to motions to go into the
Committee of the Whole (6 Cannon Sec. 726). It is not applicable to
propositions which are neither debatable nor amendable. Manual
Sec. 785.
A motion to table a proposition is in order after the proposition
is called up for consideration but before debate thereon. 95-2, July
13, 1978, p 20606; 98-2, Oct. 4, 1984, p 30042. The motion is in order
before the Member entitled to prior recognition for debate on the
pending proposition has begun his remarks. 5 Hinds Secs. 5393-5395; 6
Cannon Sec. 412; 8 Cannon Sec. 2649. The motion comes too late after
the Chair has put the question on the pending proposition and asked
for a vote. 96-1, Sept. 20, 1979, p 25512. The motion is in order
after the previous question has been moved on the pending proposition,
but may not be made after the previous question has been ordered (5
Hinds Secs. 5415-5422; 8 Cannon Sec. 2655; Deschler Ch 23 Sec. 9), or
after the yeas and nays have been ordered thereon (5 Hinds Sec. 5408).
Sec. 3 . Precedence
Generally
The motion to table is a preferential motion and is said to be of
high privilege. Deschler Ch 23 Secs. 9, 11.2. It yields to the motion
to adjourn (Manual Sec. 782; Deschler Ch 23 Sec. 9) and to the
question of consideration (5 Hinds Sec. 4943). Under the rules of the
House, however, it enjoys precedence over the motions for the previous
question, to postpone, to refer, or to amend. Rule XVI clause 4
(Manual Sec. 782). A motion to table a measure is thus of higher
privilege than a motion to refer the measure to a committee. 5 Hinds
Sec. 5303; Deschler Ch 23 Sec. 12.5.
As Related to the Motion for the Previous Question
Pending the ordering of the previous question on a proposition
which is under debate, the motion to table the proposition is
preferential and is voted on first. Deschler Ch 23 Secs. 9.11, 12.1;
Manual Sec. 785. Although a mo-
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tion to table is not in order after the previous question has been
ordered on a pending proposition (5 Hinds Secs. 5415-5422), if the
previous question is voted down, the motion to table again becomes in
order (Deschler Ch 23 Sec. 9.21) and is preferential (Deschler Ch 23
Sec. 12.2).
Sec. 4 . Application to Particular Propositions
Generally; Bills and Resolutions
The motion to table has been held specifically applicable to:
A House bill. 5 Hinds Sec. 5426.
A House bill with Senate amendments. 5 Hinds Sec. 6140.
A vetoed bill. 4 Hinds Sec. 3549.
A House resolution and an amendment thereto. 5 Hinds Sec. 6139.
A series of resolutions on a particular subject. 5 Hinds
Sec. 6138.
A privileged resolution. 95-2, July 13, 1978, p 20606.
A resolution proposing an impeachment (Deschler Ch 23
Sec. 9.14) or authorizing an impeachment investigation (6
Cannon Sec. 541).
A resolution raising a question of the privileges of the House.
6 Cannon Sec. 560; Deschler Ch 23 Sec. 9.25.
A resolution to expel a Member. 94-2, Oct. 1, 1976, p 35111.
A resolution establishing a select committee. Deschler Ch 23
Sec. 9.22.
A resolution of inquiry adversely reported from committee.
Deschler Ch 23 Sec. 9.17.
A resolution providing for adjournment sine die. Deschler Ch 23
Sec. 9.10.
An appeal from a decision of the Speaker. 8 Cannon Sec. 3453;
Deschler Ch 23 Sec. 9.3.
Special Orders
Special orders of business reported from the Committee on Rules
and called up under clause 4(b) of Rule XI, are not subject to the
motion to table, as that rule prohibits dilatory motions. Manual
Sec. 729b. However, after rejection of the previous question, the
motion to table has been applied to a resolution providing a special
order. Deschler Ch 23 Sec. 9.23.
The motion to table may not be applied to a resolution providing a
special order if the resolution is before the House under the
operation of the discharge rule, because such rule prohibits such
intervening motion. Deschler Ch 23 Sec. 9.28.
Conference Reports
In the later practice, the motion to table has not been applied to
conference reports on bills in disagreement between the Houses, since
this would carry the entire bill and amendments of the other House to
the table
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and would leave no opportunity for the House and Senate to have a
second conference. 5 Hinds Secs. 6539, 6540. See Manual Sec. 785.
Sec. 5 . Application to Particular Motions
The motion to table is applicable to debatable secondary motions
for the disposal of another matter (Manual Sec. 785), such as a motion
to refer (5 Hinds Sec. 5433; 97-2, Aug. 13, 1982, p 20978), or a
motion to recede and concur in a Senate amendment in disagreement. 95-
2, Feb. 22, 1978, p 4072. The motion has been held specifically
applicable to:
A motion to approve the Journal. Deschler Ch 23 Sec. 9.11.
A motion to postpone to a day certain. 8 Cannon Secs. 2654,
2657.
A motion to rerefer a bill to a committee. Deschler Ch 23
Sec. 9.12.
A motion to instruct conferees. Deschler Ch 23 Secs. 9.7, 9.8.
A motion to reconsider a vote. 8 Cannon Secs. 2652, 2659; 95-2,
Apr. 20, 1978, p 10990.
The motion to table may not be applied to a motion relating to the
order of business (Deschler Ch 23 Sec. 9.27), nor to any motion which
is neither debatable nor amendable (Deschler Ch 23 Sec. 9.26). The
motion is inapplicable to:
Motions for the previous question. 5 Hinds Secs. 5410, 5411;
103-2, Oct. 4, 1994, p ____.
Motions to dispose of measures on which the previous question
has been ordered. 8 Cannon Secs. 2653, 2655.
Motions to recommit made after the ordering of the previous
question. 5 Hinds Secs. 5412-5414; 8 Cannon Secs. 2653, 2655.
Motions to dispense with further proceedings under a call of
the House. 87-2, Aug. 27, 1962, pp 27651-54; Deschler Ch 23
Secs. 9.26, 12.4.
Motions to go into the Committee of the Whole. 5 Hinds
Sec. 5404; 6 Cannon Sec. 726.
Motions limiting the time for debate. 5 Hinds Sec. 5403.
Motions to suspend the rules. 5 Hinds Secs. 5405, 5406;
Deschler Ch 23 Sec. 9; Manual Sec. 785.
Motions to proceed to the consideration of a disapproval
resolution. Deschler Ch 23 Sec. 11.3.
Motions that when the House adjourn it stand adjourned until a
day and time certain. Manual Sec. 785.
Motions to adjourn. 101-2, Aug. 3, 1990, p ____.
The motion to table may not be applied to a motion to discharge a
committee under clause 3, Rule XXVII (Deschler Ch 23 Sec. 9.16) unless
the proposition before the committee is a vetoed bill (Deschler Ch 23
Sec. 9.15) or a resolution of inquiry. 5 Hinds Sec. 5407; 6 Cannon
Sec. 415; Manual Sec. 785.
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Sec. 6 . Offering the Motion; Debate and Disposition
Generally; Debate
The motion to table, although customarily made orally from the
floor, is subject to a timely demand that it be in writing. Deschler
Ch 23 Sec. 10.1.
Member: Mr. Speaker, I move to lay the ________ [proposition] on
the table.
The motion to table is not debatable. Rule XVI clause 4; 5 Hinds
Sec. 5301; 6 Cannon Sec. 412; 8 Cannon Sec. 2465; Deschler Ch 23
Sec. 9.6; 102-1, Oct. 16, 1991, p ____. Debate may be permitted by
unanimous consent, however (98-2, Oct. 4, 1984, p 30042). And the
chairman of a committee reporting a proposition to the House with the
recommendation that it be tabled is entitled to recognition for debate
before so moving. 6 Cannon Sec. 412.
Disposition of Motion
It has been established that the motion to table:
May not be amended. 5 Hinds Sec. 5754; 102-1, Oct. 16, 1991, p
____.
May not be divided for a vote. 5 Hinds Secs. 6138-6140.
May be reconsidered pursuant to motion. 5 Hinds Sec. 5628,
5629, 6288; 8 Cannon Sec. 2785.
May be repeated after intervening business (5 Hinds Secs. 5398-
5400), but a call of the House alone is not considered
sufficient ``intervening business.'' 5 Hinds Sec. 5401.
Sec. 7 . Collateral Matters Carried to the Table
A bill or other proposition may be carried to the table when the
House votes to table a proposal that is closely related thereto. Thus,
when a proposed amendment to a pending measure is tabled, the pending
measure also goes to the table. 5 Hinds Secs. 5423, 5424; 8 Cannon
Sec. 2656. This rule is applied even where a Senate amendment to a
House bill is tabled. 5 Hinds Sec. 5424. The tabling of a bill has
been held to result in the tabling of a pending motion to print the
bill. 5 Hinds Sec. 5426. However, the tabling of a proposition will
not take to the table those pending motions which are ``entirely
independent'' thereof. Thus it has been held that the tabling of a
motion to postpone consideration of a Senate amendment does not carry
to the table with it pending motions for disposition of the amendment.
8 Cannon Sec. 2657. The tabling of a proposal will not result in the
tabling of a connected matter
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unless it is directly and intimately related thereto. 8 Cannon
Sec. 2658. It has been held, for example, that:
The tabling of an amendment to the Journal does not carry the
Journal to the table. 5 Hinds Secs. 5435, 5436.
The tabling of a proposition for adverse disposition of a
pending matter does not carry to the table the matter proposed
to be disposed of. 8 Cannon Sec. 2660.
The tabling of a motion to reconsider a vote does not carry
with it the proposition voted on. 8 Cannon Secs. 2652, 2659.
A motion to instruct conferees may be tabled without carrying
to the table the bill in disagreement. 8 Cannon Sec. 2658.
The tabling of a resolution providing for the final disposition
of an impeachment proceeding does not carry such proceeding to
the table with the resolution. 6 Cannon Sec. 538.
A preamble may be tabled without carrying with it accompanying
resolutions already agreed to. 5 Hinds Sec. 5430.
The tabling of a resolution does not take with it a connected
resolution already agreed to. 5 Hinds Sec. 5428.
The tabling of a motion to receive a petition does not carry
the petition with it. 5 Hinds Secs. 5431-5433.
The tabling of an appeal from a decision of the Speaker on a
question of order does not carry with it the matter that was
pending when the question of order arose. 5 Hinds Sec. 5434.
A motion to refer or a motion to recede and concur in a Senate
amendment in disagreement may be laid on the table without carrying
the pending matter to the table since other motions remain available
for disposition of the pending amendment. Manual Sec. 785.
Sec. 8 . Taking From the Table; Reconsideration
With the exception of questions of privilege (5 Hinds Secs. 5438,
5439), propositions to impeach (3 Hinds Sec. 2049), and bills vetoed
by the President (5 Hinds Sec. 5439), a matter once laid on the table
can be taken therefrom only by unanimous consent (Deschler Ch 23
Secs. 13.1, 13.2) or the motion to suspend the rules (5 Hinds
Sec. 6288). Since the motion to take from the table does not enjoy
privileged status, a single Member, by demanding that business proceed
in regular order, may prevent the consideration of the motion. 5 Hinds
Sec. 5381. However, an affirmative vote on a motion to table may be
reconsidered pursuant to a timely motion therefor. 5 Hinds Sec. 5628;
8 Cannon Sec. 2785. Moreover, a measure that has been tabled by the
House may be presented again in similar but not identical form. 4
Hinds Sec. 3385.