[Deschler's Precedents, Volume 2, Chapters 7 - 9]
[Chapter 7. The Members]
[A. The Speaker]
[§ 3. Status of Delegates and Resident Commissioner]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 684-696]
CHAPTER 7
The Members
A. INTRODUCTORY
Sec. 3. Status of Delegates and Resident Commissioner
Delegates and Resident Commissioners are those statutory officers
who represent in the House the constituencies of territories and
properties owned by the United States but not admitted to
statehood.(9) Although the persons holding those offices
have many of
[[Page 685]]
the attributes of House membership, they are not actual Members of the
House, since the Constitution provides only for Members or
representatives of states duly admitted into the Union. The
Constitution is silent on representation of territories and other
properties belonging to the United States, although article IV, section
3, clause 2, grants exclusive sovereignty to the United States over
such lands.(10)
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9. For general discussion of the status of Delegates, see 1 Hinds'
Precedents Sec. Sec. 400, 421, 473; 6 Cannon's Precedents
Sec. Sec. 240, 243.
In early Congresses, Delegates were construed only as
business agents of chattels belonging to the United States,
without policymaking power (1 Hinds' Precedents Sec. 473), and
the statutes providing for Delegates called for them to be
elected to ``serve'' (i.e., act of July 13, 1787, 1 Stat. 52,
Sec. 12), not to ``represent'', which is the language in later
statutes (48 USC Sec. 1711 [Guam and Virgin Islands]; Pub. L.
No. 91-405, 84 Stat. 852, Sec. 202(a), Sept. 22, 1970 [District
of Columbia]). The provision relating to the Resident
Commissioner from Puerto Rico, 48 USC Sec. 891, does not define
his function and does not explicitly provide for his
participation in the House of Representatives.
10. As to jurisdiction over the District of Columbia, U.S. Const. art.
I, Sec. 8, clause 17, grants exclusive legislation over the
seat of government to the Congress.
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The offices of Delegate and Resident Commissioner are created,
defined, and limited by statute.(11) The first such statute
was adopted on July 13, 1787, authorizing the election of a Delegate to
Congress from the territory northwest of the Ohio River.(12)
The act allowed that Delegate to have a seat in Congress, with the
right of debating, but not of voting, on the floor of the
House.(13) The statute creating the office of Resident
Commissioner did not provide for a seat in the House.(14) In
succeeding Congresses, the Resident Commissioner was given debating and
floor rights,(15) and now holds the same powers and
privileges in committees as other Members.(16)
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11. See 1 Hinds' Precedents Sec. Sec. 400, 421, 473.
A territory or district must be organized by law before the
House will admit a representative Delegate (1 Hinds' Precedents
Sec. Sec. 405, 407, 411, 412).
12. 1 Stat. 52, Sec. 12.
13. In the early history of Congress, Delegates were allowed to vote on
committees to which assigned (1 Hinds' Precedents Sec. 1300).
They lost the right in the latter half of the 1800's (1 Hinds'
Precedents Sec. 1301) but have regained the right under current
House rules. (See Sec. 3.10, infra.)
14. Act of Apr. 12, 1900, 31 Stat. 86, Ch. 191 (Puerto Rico), now
codified as 48 USC Sec. 891
15. 2 Cannon's Precedents Sec. Sec. 244-246.
16. Rule XII clause 1, House Rules and Manual Sec. 740 and note
thereto, Sec. 741 (1973).
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Although the issue has been discussed, Congress has never provided
for a Delegate or Resident Commissioner to represent his constituency
in the Senate.(17)
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17. See 1 Hinds' Precedents Sec. 400. For a recent attempt to provide
for nonvoting Delegates in the Senate, see amendment offered to
H.R. 8787 (bill to create Delegate positions for Guam and the
Virgin Islands) at 118 Cong. Rec. 24, 92d Cong. 2d Sess., Jan.
18, 1972.
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There is a long list of statutes dating from 1787 providing for
Delegates to Congress from various regions and
territories.(18)
[[Page 686]]
The granting to a territory of Delegate representation has up to the
present preceded the admission of such territory as a state into the
Union. On the other hand, those properties of the United States which
have been granted representation by a Resident Commissioner have not
become states.(19) The question has arisen whether a
territory or other property is entitled to a Delegate or to a Resident
Commissioner. It has been stated that an incorporated territory,
prepared to meet the qualifications for statehood, was entitled to a
Delegate in Congress, and that unincorporated property,(20)
not generally contemplated for statehood, would be entitled to a
Resident Commissioner.(1)
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18. Delegates have been authorized by the following laws: Act of July
13, 1787, 1 Stat. 52 (Northwest terri
[[Page 687]]
tory); Act of May 26, 1790, 1 Stat. 123, Ch. 14 (territory
south of Ohio); Act of Jan. 9, 1808, 2 Stat. 455, Sec. 3
(Mississippi territory); Act of Feb. 27, 1809, 2 Stat. 525, Ch.
19 (Indiana territory); Act of June 4, 1812, 2 Stat. 745,
Sec. 9 (Missouri territory); Act of Mar. 3, 1817, 3 Stat. 363,
Ch. 42 (Delegates in all the territories); Act of Mar. 3, 1817,
3 Stat. 373, Sec. 4 (Alabama territory); Act of Feb. 16, 1819,
3 Stat. 482, Ch. 22 (Michigan territory); Act of Mar. 2, 1819,
3 Stat. 495, Sec. 12 (Arkansas territory); Acts of Mar. 30,
1822, 3 Stat. 659, Sec. 14, and Mar. 3, 1823, 3 Stat. 754,
Sec. 15 (Florida territory); Act of Apr. 20, 1836, 5 Stat. 15,
Sec. 14 (Wisconsin territory); Act of June 12, 1838, 5 Stat.
240, Sec. 14 (Iowa territory); Act of Aug. 14, 1848, 9 Stat.
329, Sec. 16 (Oregon territory); Act of Mar. 3, 1849, 9 Stat.
408, Sec. 14 (Minnesota territory); Act of Sept. 9, 1850, 9
Stat. 451, Sec. 14 (New Mexico territory); Act of Sept. 9,
1850, 9 Stat. 457, Sec. 13 (Utah territory); Act of Mar. 2,
1853, 10 Stat. 178, Sec. 14 (Washington territory); Act of May
30, 1854, 10 Stat. 282, Sec. 14 and 10 Stat. 289, Sec. 32
(Nebraska and Kansas territories); Act of Feb. 28, 1861, 12
Stat. 176, Sec. 13 (Colorado territory); Act of Mar. 2, 1861,
12 Stat. 214, Sec. 13 (Nevada territory); Act of Mar. 2, 1861,
12 Stat. 243, Sec. 13 (Dakota territory); Act of Mar. 3, 1863,
12 Stat. 813, Sec. 13 (Idaho territory); Act of May 26, 1864,
13 Stat. 91, Sec. 13 (Montana territory); Act of July 25, 1868,
15 Stat. 182, Sec. 13 (Wyoming territory); Act of Feb. 21,
1871, 16 Stat. 426, Sec. 34 (District of Columbia--repealed in
1874); Act of May 2, 1890, 26 Stat. 89, Sec. 16 (Oklahoma
territory); Act of Apr. 30, 1900, 31 Stat. 158, Sec. 85
(Hawaii); Act of May 7, 1906, 34 Stat. 169-175 (Alaska); Act of
Sept. 22, 1970, Pub. L. No. 91-405, 84 Stat. 852 (District of
Columbia); Act of Apr. 10, 1972, Pub. L. No. 92-271, 86 Stat.
118 (Guam and Virgin Islands).
Resident Commissioners have been created by the following
laws: Act of Apr. 12, 1900, 31 Stat. 86, Ch. 191 (Puerto Rico);
Act of Aug. 29, 1916, 39 Stat. 552, Ch. 416 (Philippine
Islands).
19. Puerto Rico remains represented by a Resident Commissioner (48 USC
Sec. 891). The office of Resident Commissioner from the
Philippines was eliminated upon a grant of independence from
the United States (see Sec. 3.3, infra).
20. The insular possessions of Puerto Rico, Guam, and the Virgin
Islands, have been held to be unincorporated territories (Smith
v Government of the Virgin Islands, 375 F2d 714 [3d Cir. 1967])
to which the basic ``fundamental principles'' of the
Constitution are applicable. Soto v U.S., 273 F 628 (3d Cir.
1921); Government of the Virgin Islands v Rijos, 285 F Supp 126
(D. Virgin Islands 1968).
1. See the remarks of Mr. John C. Spooner (Wisc.), Apr. 2, 1900, 33
Cong. Rec. 3632, 56th Cong. 1st Sess., maintaining that Puerto
Rico was granted only a Resident Commissioner because of
resistance to its becoming a state.
See also the more recent remarks of John L. McMillan
(S.C.), Chairman of the District of Columbia Committee, on Aug.
10, 1970, 116 Cong. Rec. 28061, 91st Cong. 2d Sess., objecting
to the granting of a Delegate to the District of Columbia on
the grounds that the grant was without legal precedent, since:
1. Delegates were intended to be interim representatives from
territories which were to become states; 2. Representation from
lands under the exclusive jurisdiction of the United States and
not intended for statehood were granted Resident Commissioners;
3. The District is under the sole jurisdiction of the United
States, was never intended to be a state, and should have been
granted only a Resident Commissioner.
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There is no practical distinction between the rights, privileges,
and entitlements of the Delegate and the Resident
Commissioner.(2) In 1972, Congress granted to Guam and the
Virgin Islands, considered unincorporated property of the United
States,(3) the right to Delegates. Congress provided in the
91st Congress for a nonvoting Delegate to Congress from the District of
Columbia,(4) which was characterized not as a territory or
property belonging to the United States, but as the seat of government.
The special status of the seat of government is indicated by article I,
section 8, clause 17, of the Constitution, granting ``exclusive
legislation'' in the Congress over the seat of government, and by the
fact that the ratification of the 23d amendment to the Constitution was
necessary in order to grant representation in the electoral college to
the District of Columbia.
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2. See Rule XII, House Rules and Manual Sec. 740 and note thereto,
Sec. 741 (1973).
3. See Smith v Government of the Virgin Islands, 375 F2d 714 (3d Cir.
1967); Government of the Virgin Islands v Rijos, 285 F Supp 126
(D. Virgin Islands 1968).
4. For creation of the D.C. Delegate position, see Sec. 3.1 infra.
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Since 1936, several offices of Delegate have been created and some
eliminated. The Delegates from Alaska and from Hawaii
[[Page 688]]
were both eliminated upon the admission of those territories as states
into the Union.(5) The office of Resident Commissioner from
the Philippines was discontinued upon the granting of independence to
the Philippines by the United States.(6) The most recent
change in the number of Delegates was occasioned by the adoption of an
act creating new offices of the Delegate from Guam and the Delegate
from the Virgin Islands.(7)
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5. See Sec. Sec. 3.4, 3.5, infra.
6. See Sec. 3.3, infra.
7. See Sec. 3.2, infra.
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In early Congresses, there occurred lengthy debate on the
qualifications, disqualifications, and privileges of the Delegates and
Resident Commissioners.(8) The principle was established
that the Delegates and Resident Commissioners should meet the
qualifications laid down in the Constitution for Members.(9)
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8. See 1 Hinds' Precedents Sec. Sec. 400, 421, 423, 469, 470, 473.
It has been held that the Judiciary has no authority to
pass on the qualifications of a territorial Delegate. Sevilla v
Elizalde, 112 F2d 29 (D.C. Cir. 1940).
9. 1 Hinds' Precedents Sec. Sec. 421, 423 (qualifications similar to
those of Members, on public policy grounds). Contra, 1 Hinds'
Precedents Sec. 473 (Delegate excluded on basis of crime of
polygamy, on grounds his office was not a constitutional one,
and Congress could provide for qualifications other than those
for Members in the Constitution).
No House precedents appear on the extension to Delegates of
the immunities from arrest and from being questioned in another
place to Delegates. See, however, Doty v Strong, 1 Pinn. 84
(Wise. 1840), where the territorial Supreme Court held the
privilege from arrest applicable to Delegates.
15 Op. Att'y Gen. 281 (1877) declared that a Delegate, like
a Member, was affected by the prohibition against holding
incompatible offices, but that he could hold such an office
until sworn in as a Delegate.
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The most recent acts creating offices of Delegates contain within
their provisions explicit qualifications similar to those
constitutionally defined for Members.(10)
[[Page 689]]
The Delegate from the District of Columbia is entitled to all the
privileges granted a Member under article I, section 6, of the
Constitution.(11) The Delegates from Guam and the Virgin
Islands are entitled to those privileges and immunities which are
granted, or may be granted, to the Resident Commissioner from Puerto
Rico under House rules.(12)
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10. See 48 USC Sec. 1711 (Guam and Virgin Islands Delegates), requiring
age of at least 25 years at election, minimum of seven years'
citizenship at election, and inhabitancy in the territory, and
prohibiting simultaneous candidacy for another office. Pub. L.
No. 91-405, 84 Stat. 852, Sec. 202(b) (District of Columbia
Delegate) requires a candidate to be a qualified elector, at
least 25 years of age, and at least a three-year resident, and
prohibits the holding of another paid public office.
The qualifications for the Resident Commissioner are United
States citizenship, age of at least 25 years, and fluency in
the English language 48 USC Sec. 892.
11. Act of Sept. 22, 1970, Pub. L. No. 91-405, 84 Stat. 852,
Sec. 202(a).
12. 48 USC Sec. 1715.
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In early Congresses, Delegates and Resident Commissioners were
entitled to vote in the committees to which they were
assigned.(13) The practice was then discontinued for a
substantial period of time.(14) In the 92d and 93d
Congresses, however, Rule XII of the standing rules, relating to
Delegates and Resident Commissioners,(15) was amended to
extend to Delegates and Resident Commissioners all the powers in
committee held by constitutional Members of the House.(16)
The changes in the rule provided for the Delegates and Resident
Commissioners to be elected to committees rather than assigned
(although the D.C. Delegate is permanently assigned to serve on the
District of Columbia Committee).(17) The current powers of
Delegates and Resident Commissioners include the right to vote in
committee and the accrual of committee seniority.(18)
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13. See 2 Hinds' Precedents Sec. 1301.
14. 2 Hinds' Precedents Sec. 1300; 6 Cannon's Precedents Sec. 243
(committee report denying committee vote to Delegate since he
held no legislative power).
15. House Rules and Manual Sec. 740 (1973).
16. See Sec. Sec. 3.9, 3.10, infra.
17. See Sec. 3.10, infra.
18. See Sec. 3.11, infra (announcement of majority party policy
extending full voting and seniority rights in committee to the
Delegates and Resident Commissioner).
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On the floor of the House, Delegates and Resident Commissioners may
debate, make motions, and raise points of order.(19) They
are entitled to the same salary and some of the allowances of
Members.(20) They are subject to
[[Page 690]]
the same code of conduct and may be disciplined by the
House.(1) The rights of Delegates-elect are similar to those
of Members-elect, and their credentials must be transmitted to the
House in the same manner. The main distinction at organization is that
although Delegates and Resident Commissioners must submit credentials
and must be administered the oath, their names are not included on the
(Clerk's roll to establish a quorum or to vote for a
Speaker.(2) A further distinction is that the Resident
Commissioner is elected for a term of four years by
statute,(3) as opposed to the constitutional term of two
years applicable to Members and the statutory term of two years
applicable to Delegates.(4)
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19. For the parliamentary rights of the Delegate and Resident
Commissioner, see House Rules and Manual Sec. 741 (note to Rule
XII) (1973). See also Sec. 3.6 (introducing bills) and Sec. 3.7
(objection to consideration of bill), infra.
20. 48 USC Sec. 1715 (Guam and Virgin Islands); Pub. L. No. 91-405, 84
Stat. 852, Sec. 204(a) (District of Columbia Delegate); 2 USC
Sec. 31 (comprehensive provision for Delegates, Resident
Commissioner, Senators, and Representatives).
See Sec. 4, infra, for the salaries of Members and
Delegates, Sec. 6, infra, for travel allowances, and Sec. 8,
infra, for personnel, office, and supply allowances.
1. See Sec. 3.8, infra.
2. See Ch. 2, supra.
3. 48 USC Sec. 891.
4. 48 USC Sec. 1712 (Guam and Virgin Islands); Act of Sept. 22, 1970,
Pub. L. No. 91-405, 84 Stat. 852, Sec. 202(a) (D.C.
Delegate). -------------------
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Establishment of Office of Delegate
Sec. 3.1 Congress created by law in 1970 the office of Delegate from
the District of Columbia to the House of Representatives.
On Aug. 10, 1970,(5) the House considered a bill
reported from the Committee on the District of Columbia establishing a
Study Commission on the District of Columbia Government and providing
for a nonvoting Delegate from the District to the House of
Representatives. The section relating to the Delegate reads as follows:
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5. 116 Cong. Rec. 28054, 91st Cong. 2d Sess.
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Sec. 202(a) The people of the District of Columbia shall be
represented in the House of Representatives by a Delegate, to be
known as the ``Delegate to the House of Representatives from the
District of Columbia'', who shall be elected by the voters of the
District of Columbia in accordance with the District of Columbia
Election Act. The Delegate shall have a seat in the House of
Representatives, with the right of debate, but not of voting, shall
have all the privileges granted a Representative by section 6 of
Article I of the Constitution, and shall be subject to the same
restrictions and regulations as are imposed by law or rules on
Representatives. The Delegate shall be elected to serve during each
Congress.
(b) No individual may hold the office of Delegate to the House
of Representatives from the District of Columbia unless on the date
of his election--
(1) he is a qualified elector (as that term is defined in
section 2(2) of the District of Columbia Election Act) of the
District of Columbia;
[[Page 691]]
(2) he is at least twenty-five years of age;
(3) he holds no other paid public office; and
(4) he has resided in the District of Columbia continuously
since the beginning of the three-year period ending on such date.
He shall forfeit his office upon failure to maintain the
qualifications required by this subsection.
The House passed the bill on the same day.(6) The Senate
passed the bill on Sept. 9, 1970.(7)
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6. 116 Cong. Rec. 28062, 91st Cong. 2d Sess. See at p. 28061 the
remarks on the same day of John L. McMillan (S.C.), Chairman of
the Committee on the District of Columbia, maintaining that the
District should receive a Resident Commissioner rather than a
Delegate.
7. 116 Cong. Rec. 31040, 91st Cong. 2d Sess.
The bill became Pub. L. No. 91-405, 84 Stat. 852, when the
President approved it on Sept. 22, 1970. See the Presidential
message to Congress on Sept. 28, 1970, 116 Cong. Rec. 33865,
91st Cong. 2d Sess.
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Sec. 3.2 In 1972 the Congress provided for nonvoting Delegates to the
House from the unincorporated territories of Guam and the Virgin
Islands.
On Apr. 10, 1972, there was signed into law a bill granting
nonvoting Delegate representation in the House from both Guam and the
Virgin Islands.(8) The bill provided for a term of two years
for those Delegates, laid down qualifications, and accorded them all
the privileges that were or might be afforded them under the rules of
the House.(9)
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8. Pub. L. No. 92-271, 86 Stat. 118, codified as 48 USC
Sec. Sec. 1711-1715.
The bill (H.R. 8787) passed the House on Jan. 18, 1972, and
was reported from the Committee on Interior and Insular
Affairs. 118 Cong. Rec. 12-29, 92d Cong. 2d Sess.
9. Pub. L. No. 92-271, 86 Stat. 118, Sec. Sec. 2-5.
A proposal had been made and rejected, for lack of
precedent, for Guam and the Virgin Islands to pay the costs of
maintaining Delegates in Congress. 118 Cong. Rec. 25-28, 92d
Cong. 2d Sess., Jan. 18, 1972.
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The Chairman of the committee handling the bill, the Committee on
Interior and Insular Affairs, Wayne N. Aspinall, of Colorado, indicated
that there was no legislative intent that the bill be considered as a
prelude to statehood for either Guam or the Virgin
Islands.(10)
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10. 118 Cong. Rec. 13-15, 92d Cong. 2d Sess., Jan. 18, 1972. See also
the remarks of Mr. Don H. Clausen (Calif.), id. at p. 21.
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Elimination of Office of Delegate or Resident Commissioner
Sec. 3.3 The office of Resident Commissioner from the Philippine
Islands to the House
[[Page 692]]
of Representatives was eliminated in 1946 upon the recognition by
the United States of the independence of the Philippines.
Between 1916 and 1946, provision was made for the appointment and
qualifications of a Resident Commissioner to the House of
Representatives from the Philippine Islands.(11) However, on
Mar. 24, 1934, Congress provided by law for the recognition of
Philippine independence and withdrawal of American
sovereignty.(12) That law provided for a Presidential
proclamation to effectuate the surrender of all rights of sovereignty
of the United States over the Philippines on a date following the
expiration of a period of 10 years from the date of the inauguration of
the new government under the Philippine (Constitution provided for in
the law. The Presidential proclamation declaring Philippine
independence was signed on July 4, 1946.(13)
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11. 48 USC Sec. 1091, Aug. 29, 1916, Ch. 416, Sec. 20, 39 Stat. 552;
June 5, 1934, Ch. 390, Sec. 4, 48 Stat. 879.
12. 22 USC Sec. 1394, 48 Stat. 463, Ch. 84, Sec. 10.
13. Proclamation No. 2695, set out as notes following 22 USCA
Sec. 1394.
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On July 2, 1946,(14) the House granted unanimous consent
that Speaker Sam Rayburn, of Texas, send an appropriate message to the
President and the people of the Republic of the Philippines extending
the congratulations of the House of Representatives on their
independence.
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14. 92 Cong. Rec. 8167, 79th Cong. 2d Sess.
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Sec. 3.4 The office of Delegate from Alaska to the House of
Representatives was eliminated in 1959 when Alaska was admitted to
statehood.
From 1906 to 1959, the United States Code provided for a Delegate
from the Territory of Alaska to represent that territory in the House
of Representatives.(15) On July 7, 1958, Alaska was declared
by law to be a State of the United States of America. The law provided
for the President to issue a proclamation to effectuate the admission
of Alaska into the Union.(16) His proclamation was issued on
Jan. 3, 1959,(17) and the names of Members-elect from the
[[Page 693]]
State of Alaska were called for the first time on the Clerk's roll at
the convening of the 86th Congress on Jan. 7, 1959.(18)
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15. 48 USC Sec. 131 (May 7, 1906, Ch. 2083, Sec. 1, 34 Stat. 169). The
Delegate's term of office was provided for in 48 USC Sec. 132
and his salary and allowances provided for in 48 USC Sec. 134.
16. Pub. L. No. 85-508, July 7, 1958, 72 Stat. 339, Sec. 8(c).
17. For the text of Pub. L. No. 85-508 and of the President's
Proclamation No. 3269 and other materials relating to Alaska
statehood, see the notes preceding 48 USCA Sec. 21.
18. 105 Cong. Rec. 11, 86th Cong. 1st Sess.
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Sec. 3.5 The office of Delegate from the Territory of Hawaii to the
House of Representatives was eliminated in 1959 when Hawaii was
admitted as a State.
From 1900 until 1959, the law provided for a Delegate to the House
of Representatives from the Territory of Hawaii.(19) On Mar.
18, 1959, a law was enacted granting statehood to Hawaii and providing
for the issuance of a Presidential proclamation to effectuate the
admission of Hawaii into the Union.(20) On Aug. 21, 1959,
Hawaii was officially admitted into the Union pursuant to the issuance
of a Presidential proclamation.(1)
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19. 48 USC Sec. 651, Apr. 30, 1900, 31 Stat. 158, Ch. 339, 85.
20. Pub. L. No. 86-3, 73 Stat. 4, Sec. 7(c).
1. Proclamation No. 3309. The proclamation, Pub. L. No. 86-3, and
other materials relating to Hawaii's statehood are set out as
notes preceding 48 USCA Sec. 491.
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The first Representative from the State of Hawaii appeared to take
the oath of office in the 86th Congress on Aug. 24, 1959.(2)
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2. 105 Cong. Rec. 16799, 86th Cong. 1st Sess. A scroll praising former
Delegate John A. Byrns (Hawaii) for his role in achieving
Hawaii statehood was placed in the Speaker's lobby for the
signature of Members. 105 Cong. Rec. 11588, 86th Cong. 1st
Sess., June 23, 1959. A private bill introduced by Delegate
Byrns before the admission of Hawaii as a state was considered
and passed by the House after the admission of Hawaii on May 3,
1960. 106 Cong. Rec. 9246, 86th Cong. 2d Sess.
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Floor Privileges; Introducing or Objecting to Bills
Sec. 3.6 The House granted unanimous consent that a Delegate be
permitted to introduce bills notwithstanding his absence from the
House.
On Jan. 3, 1953,(3) the House granted unanimous consent
to a request that the Delegate from Hawaii, Joseph R. Farrington,
unavoidably absent due to a family death, be permitted to introduce
bills despite his absence.
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3. 99 Cong. Rec. 29, 83d Cong. 1st Sess.
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Sec. 3.7 The Resident Commissioner objected to the consideration of a
private bill, thereby causing its recommittal.
On Oct. 7, 1969,(4) Speaker John W. McCormack, of
Massachusetts, ordered a private bill recommitted
[[Page 694]]
to the Committee on the Judiciary after recognizing Mr. Harold R.
Gross, of Iowa, and Jorge L. Cordova, Resident Commissioner, Puerto
Rico, for objections to the bill's consideration.
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4. 115 Cong. Rec. 28801, 91st Cong. 1st Sess.
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Sec. 3.8 In the 92d Congress, all Delegates were admitted to the floor,
extended the services of the Clerk and Sergeant at Arms, and
brought under the Code of Conduct by amendments to the House rules.
On Jan. 21, 1971, the opening day of the 92d
Congress,(5) there was offered by William M. Colmer, of
Mississippi, Chairman of the Committee on Rules, House Resolution 5, to
amend the House rules to reflect the creation of the office of Delegate
from the District of Columbia. One amendment extended the privileges of
the House floor to the Delegate under Rule XXXII.(6) Other
amendments included the Delegate within the class of persons entitled
to the services of the Clerk under Rule III clause 3,(7) and
to the services of the Sergeant at Arms under Rule IV clause
1.(8) The last amendment brought the Delegate within the
definition of ``Members'' affected by the Code of Conduct of Rule
XLIII.(9)
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5. 117 Cong. Rec. 15, 92d Cong. 1st Sess.
6. House Rules and Manual Sec. 919 (1973).
7. House Rules and Manual Sec. 641-646 (1973).
8. House Rules and Manual Sec. 648 (1973).
9. House Rules and Manual Sec. 939 (1973).
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The House adopted House Resolution 5 on Jan. 22,
1971.(10)
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10. 117 Cong. Rec. 144, 92d Cong. 1st Sess.
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Later in the 92d Congress, on Oct. 13, 1972,(11) the
House amended the House rules to reflect the grant to Guam and the
Virgin Islands of Delegate positions by the passage of House Resolution
1153. The resolution extended to all Delegates the right of admission
to the floor, the services of the Clerk and Sergeant at Arms, and
brought them within the scope of the Code of Conduct.
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11. 118 Cong. Rec. 36013-23, 92d Cong. 2d Sess.
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Committee Membership
Sec. 3.9 In the 92d and 93d Congresses, the House amended its rules to
provide for the election, rather than the assignment, of the
Resident Commissioner and Delegates to standing committees.
On Jan. 21, 1971, the opening day of the 92d
Congress,(12) Wil
[[Page 695]]
liam M. Colmer, of Mississippi, Chairman of the Committee on Rules,
offered House Resolution 5, amending the standing rules of the House.
Among the proposed changes was a complete revision of Rule XII, which
had formerly provided for the Resident Commissioner from Puerto Rico to
be assigned to the standing Committees on Agriculture, Armed Services,
and Interior and Insular Affairs, and for the Delegates from Alaska and
Hawaii to be similarly assigned to certain standing
committees.(13) The new Rule XII proposed by House
Resolution 5 provided:
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12. 117 Cong. Rec. 144, 92d Cong. 1st Sess.
13. House Rules and Manual Sec. 740 (1969). The references to the
Hawaiian and Alaskan Delegates were obsolete, as those
territories had become states (see Sec. Sec. 3.4, 3.5, supra).
For an amendment to the House rules in 1949 permitting the
Alaskan Delegate to serve on an additional committee, see 95
Cong. Rec. 10618, 81st Cong. 1st Sess., Aug. 2, 1949.
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Strike out Rule XII, and insert in lieu thereof the following:
Rule XII
resident commissioner from puerto rico and delegate from the
district of columbia
1. The Resident Comrmissioner to the United States from
Puerto Rico shall be elected to serve on standing committees in
the same manner as Members of the House and shall possess in
such committees the same powers and privileges as the other
Members.
2. The Delegate from the District of Columbia shall be
elected to serve as a member of the Committee on the District
of Columbia and shall be elected to serve on other standing
committees of the House in the same manner as Members of the
House and shall possess in all committees on which he ser.ves
the same powers and privileges as the other Members.
The House adopted House Resolution 5 on Jan. 22,
1971.(14) At the opening of the 93d Congress, the House
further amended Rule XII to provide for all Delegates to be elected to
conmittees: (15)
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14. 117 Cong. Rec. 144, 92d Cong. 1st Sess.
15. H. Res. 6, 119 Cong. Rec. 26, 27, 93d Cong. 1st Sess., Jan. 3,
1973.
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In Rule XII, clause 2 is amended to read as follows:
The Delegate from the District of Columbia shall be elected
to serve as a member of the Committee on the District of
Columbia and each Delegate to the House shall be elected to
serve on standing committees of the House in the same manner as
Members of the House and shall possess in all committees on
which he serves the same powers and privileges as the other
Members.
Committee Powers and Privileges
Sec. 3.10 In the 92d and 93d Congresses, Delegates and the Resident
Commissioner were extended all the powers and privileges of Members
in
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committees, including the right in committee to vote and to obtain
seniority.
On Jan. 21, 1971, the opening day of the 92d
Congress,(16) William M. Colmer, of Mississippi, Chairman of
the Committee on Rules, offered House Resolution 5, amending the
standing rules of the House. One portion of the resolution completely
revised Rule XII, relating to committee service by the Resident
Commissioner and Delegates.(17)
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16. 117 Cong. Rec. 14, 92d Cong. 1st Sess.
17. See Sec. 3.9, supra, for the text of the amendment.
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The proposed amendment not only provided for the Resident
Commissioner from Puerto Rico and the Delegate from the District of
Columbia to be elected to committees, but also extended to them all the
powers and privileges in committee as those possessed by Members of the
House (including the right to vote and to obtain seniority
rights).(18)
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18. Rule XII clauses 1 and 2, House Rules and Manual Sec. 740 (1973).
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The House adopted House Resolution 5 on Jan. 22,
1971.(19)
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19. 117 Cong. Rec. 144, 92d Cong. 1st Sess.
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At the opening of the 93d Congress, the House further amended Rule
XII to provide for all Delegates, including those from Guam and the
Virgin Islands, to possess all the powers and privileges of Members in
committees to which elected.(20)
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20. H. Res. 6, 119 Cong. Rec. 26, 27, 93d Cong. 1st Sess., Jan. 3, 1973
(see Sec. 3.9, supra, for the text of the amendment).
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Sec. 3.11 In the 93d Congress, the majority party caucus announced a
policy extending full committee voting and seniority rights to the
Delegates and the Resident Commissioner
On Mar. 15, 1973,(1) Philip Burton, of California,
Chairman of the Democratic Study Group, announced the policy changes
adopted by the Democratic Caucus at the beginning of the 93d Congress.
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1. 119 Cong. Rec. 8018, 93d Cong. 1st Sess.
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Among them was a policy providing that the Delegates from the
District of Columbia, Guam, and the Virgin Islands, and the Resident
Commissioner of Puerto Rico have full voting rights and seniority in
committee.
[[Page 697]]