[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 34. Office of the Speaker]
[From the U.S. Government Publishing Office, www.gpo.gov]
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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 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
with numerous duties and responsibilities by law and by the House
rules. As the presiding officer of the House, the Speaker maintains
order, manages its proceedings, and governs the administration of its
business. Manual Sec. 622; Deschler Ch 6 Sec. Sec. 2-8. The major
functions of the Speaker with respect to the consideration of measures
on the floor include recognizing Members who seek to address the House
(Manual Sec. 949), construing and applying the House rules (Manual
Sec. 627), and putting the question on matters arising on the floor to
a vote (Manual Sec. 630).
The Speaker's role as presiding officer is an impartial one, and
his rulings serve to protect the rights of the minority. 88-1, June 4,
1963, pp 10151-65. In seeking to protect the interests of the
minority, he has even asked unanimous consent that an order of the
House be vacated where the circumstances so required. 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 follows his election and opening remarks.
The term ends on the expiration of the Congress in which he was
elected, unless he has resigned, died, or been removed from office.
Deschler Ch 6 Sec. 2. During the 104th through 107th Congresses, the
Speaker's term of office was limited for four consecutive Congresses.
That rule was repealed in the 108th Congress. Manual Sec. 635.
Vacancy
The Office of Speaker may be declared vacant by resolution, which
may be offered as a matter of privilege. Manual Sec. 315; 6 Cannon
Sec. 35. Under rule I clause 8(b)(3), adopted in the 108th Congress,
the Speaker is required to deliver to the Clerk a list of Members in
the order in which each shall act as Speaker pro tempore in the case
of a vacancy in the Office of Speaker. The Member acting as Speaker
pro tempore under this provision may exercise such authorities of the
Office of Speaker as may be necessary and appropriate pending the
election of a Speaker or Speaker pro tempore. A vacancy in the Office
may exist by reason of the physical inability 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 House
choose its Speaker and other officers. The Speaker is the only House
officer who traditionally has been chosen 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 been followed
invariably. The Speaker's term of office thus expires at the end of
his term of office as a Member, whereas the other House officers
continue in office ``until their successors are chosen and
qualified.'' Rule II clause 1; 1 Hinds Sec. 187.
Nomination and Vote
The general practice for election of Speaker begins with
nominations from each party caucus followed by a viva voce vote of the
Members-elect. Relying on the Act of June 1, 1789, the Clerk
recognized for nominations for Speaker as being of higher
constitutional privilege than a resolution to postpone the election of
a Speaker and instead provide for the election of
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a Speaker pro tempore pending the disposition of certain ethics
charges against 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 present. Manual
Sec. 27; 1 Hinds Sec. 216; 6 Cannon Sec. 24. The Clerk appoints
tellers for this election. However, the House, and not the Clerk,
decides by what method it shall elect. 1 Hinds Sec. 210. For former
practices relating to the election of the Speaker, see Manual Sec. 27;
1 Hinds Sec. Sec. 212, 214, 218; 8 Cannon Sec. 3883.
In two instances the House agreed to choose and subsequently did
choose a Speaker by a plurality of votes but confirmed the choice by
majority vote. In 1849 the House had been in session 19 days without
being able to elect a Speaker, no candidate having received a majority
of the votes cast. 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-ninth ballot, the House adopted a resolution
declaring that a Speaker could be elected by a plurality. 1 Hinds
Sec. 221. In 1856 the House again struggled over the election of a
Speaker. Ballots numbering 129 had been taken without any candidate
receiving a majority of the votes cast. The House then adopted a
resolution permitting the election to be decided by a plurality. 1
Hinds Sec. 222. On both of these occasions, the House ratified the
plurality election by a majority vote.
Sec. 4 . Jurisdiction and Duties; Rulings
The Speaker presides over the business of the House. In the
execution of his duties, the Speaker:
Calls to order and the approval of the Journal. Manual
Sec. Sec. 621, 622.
Refers bills and other matters to committee. Manual Sec. 816.
Disposes of business on the Speaker's table. Manual
Sec. Sec. 873-875.
Designates a Speaker pro tempore, and appoints Chairmen 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 form. Manual Sec. 630.
Supervises the timing of debate and 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, House rules, and House
resolutions. Deschler Ch 6 Sec. 6. For appointments to
committees, see Committees.
Certifies to a U.S. Attorney persons found to be in contempt
of a House committee. Deschler Ch 6 Sec. 3.40.
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Declares the House in recess in the event of an emergency
pursuant to his inherent power, pursuant to rule I clause 12,
or pursuant to a House resolution authorizing him to take such
action. Deschler Ch 6 Sec. 3.44; see Recess.
Changes convening time (within constitutional limit) during an
adjournment of not more than three days, in the case of
imminent impairment of the place of reconvening. Rule I clause
12(c).
Convenes the House in a place at the seat of government other
than the Hall of the House whenever it is in the public
interest. Rule 1 clause 12(d).
Signs various documents, including warrants and subpoenas.
Rule I clause 4.
Makes preliminary decisions as to questions of privilege. 3
Hinds Sec. Sec. 2649, 2650, 2654.
Determines the presence of a quorum, conducts quorum counts,
and counts certain votes. Manual Sec. Sec. 55, 630, 810, 1012;
4 Hinds Sec. 2932.
Announces the absence of a quorum without unnecessary delay. 6
Cannon Sec. 652.
Maintains order in debate. Manual Sec. 960.
Administers censure by direction of the House. 6 Cannon
Sec. Sec. 236, 237.
Designates Members to travel on official business 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 House adjourned when the hour previously fixed
for adjournment arrives. 5 Hinds Sec. 6735.
Approves assignment of leadership staff to the floor. Rule IV
clause 2(a)
Many matters have been held to be beyond the scope of the
Speaker's responsibility under the rules. The Speaker does not:
Construe the legislative or legal effect of a pending measure
or comment on 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 questions, 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 questions 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 House rules, or the constitutionality of
amendments offered to pending bills. Manual Sec. 628.
Resolve questions on the consistency of an amendment with the
measure to which it is offered, or with an amendment that
already has been adopted, or on the consistency of proposed
action with other acts of the House. Manual Sec. Sec. 466, 628;
5 Hinds Sec. 5781.
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Answer inquiries as to the availability of amendments not yet
offered. Deschler Ch 27 Sec. 3.37.
Decide whether a Member should be allowed to display an
exhibit in debate, except under the Speaker's duty to preserve
decorum. Manual Sec. 622; Deschler Ch 6 Sec. 4.10.
Rule on the sufficiency or effect of committee reports or
whether the committee has followed 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 consequences of a pending vote. Deschler Ch 6
Sec. Sec. 4.27, 4.28.
Determine whether a Member should be censured or whether an
office he holds is incompatible with his membership, these
being matters for the House to decide. 2 Hinds Sec. 1275; 6
Cannon Sec. 253.
Look behind the unambiguous language of a special order
adopted by the House when interpreting its language. Manual
Sec. 628.
For jurisdiction and duties of the Chairman of the Committee of
the Whole, see Committees of the Whole.
Sec. 5 . Participation in Debate and Voting
Debate
Although the Speaker's usual role is that of the presiding
officer, there have been many instances in which he has made a
statement from the Chair or in which he has relinquished the Chair and
participated in the debate on the floor. Manual Sec. 358. He may take
the floor for purposes of debate both in the House and in the
Committee of the Whole. If the Speaker is to participate in debate on
the floor of the House, he calls another Member to the Chair to serve
as Speaker pro tempore. Manual Sec. 358; 2 Hinds Sec. 1360.
Voting
Under the early rules of the House, the Speaker was barred from
voting except under certain circumstances. 5 Hinds Sec. 5964. Today,
the Speaker has the same right as other Members to vote but only
occasionally exercises it. Manual Sec. 631. The Speaker may vote on
any matter that comes before the House, and he is required to vote
where his vote would be decisive or where the House is engaged in
voting by ballot. Rule I clause 7; Manual Sec. 631. The duty of giving
a decisive vote may be exercised after the intervention of other
business, if a correction of the roll shows a condition wherein his
vote would be decisive. 5 Hinds Sec. Sec. 6061-6063. On an electronic
vote, the Chair may direct 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 appoint a Speaker pro tempore. Such an appointment
may not exceed three legislative days, except that in the case of
illness the Speaker's appointment may extend to 10 days with the
approval of the House. Rule I clause 8. For longer periods, a Speaker
pro tempore is elected by the House. Manual Sec. 632. A Member
sometimes is designated Speaker pro tempore by the Speaker and
subsequently elected by the House. Deschler Ch 6 Sec. 12.76. If the
Speaker appoints a Speaker pro tempore only for purposes of signing
enrolled bills and joint resolutions, such an appointment may extend
for a ``specified period of time'' with the approval of the House.
Rule I clause 8. The Speaker may appoint two alternate Members to sign
enrolled bills. Manual Sec. 634. Under rule I clause 8(b)(3), adopted
in the 108th Congress, the Speaker is required to deliver to the Clerk
a list of Members in the order in which each shall act as Speaker pro
tempore in the case of a vacancy in the Office of Speaker.
A Speaker pro tempore is elected pursuant to resolution. Deschler
Ch 6 Sec. 14.1. The resolution may be offered 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 pending
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 elected Speaker pro
tempore, but not to a designated Speaker pro tempore. Deschler Ch 6
Sec. 11. The oath is administered to an elected Speaker pro tempore by
the Speaker himself, by the Dean of the House, or by another Member.
Deschler Ch 6 Sec. Sec. 11.4-11.6.
Who May Serve
Under rule I clause 8, the Speaker pro tempore must be a Member of
the House. Manual Sec. 632. He usually 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, the Dean of the House also has served 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 functions that normally fall within the purview of the Speaker.
Routine
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functions that are within the scope of authority of a Speaker pro
tempore are calling the House to order, making various announcements,
answering parliamentary inquiries, putting the question, counting for
a quorum, ruling on points of order, and designating another 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 rule I
section 8(b) may exercise such authorities of the Office as may be
necessary and appropriate pending the election of a Speaker or Speaker
pro tempore.
The authority of a Speaker pro tempore to exercise certain powers
depends on whether he is designated, designated and approved, or
elected. The powers of a designated Speaker pro tempore, compared with
those of an elected Speaker pro tempore, are relatively limited.
Deschler Ch 6 Sec. Sec. 10, 14.
Absent unanimous consent or specific House approval, a designated
Speaker pro tempore may 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.
Appoint conferees or make appointments of additional
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 Journal a veto message from the President.
Deschler Ch 6 Sec. 12.11.
By contrast, an elected Speaker pro tempore may, for example,
appoint conferees, administer 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.