51

No, the House of Representatives does not have the power to overrule a Senate veto. Article I, Section 7 is quite clear that a bill needs to pass both the House of Representatives and the Senate in order to become law. The two-chamber Congress was designed as a compromise between those founders who wanted every person to have an equal say in American ...


27

Under normal procedures, a bill in the House or Senate would work its way through various committees (which work on their own schedules and have their own priorities), and then go through preliminary debates and qualifying votes before being brought up for the actual vote. It's a time-consuming process, but one that gives ample space for deliberation, ...


23

They are already Representatives before they take the oath. The House of Representatives shall be composed of members chosen every second year by the people of the several states, ... ...the terms of Senators and Representatives [end] at noon on the 3d day of January, ... and the terms of their successors shall then begin. There is nothing in Section 1 ...


18

Yes, they can do this as a disciplinary measure against any of its members. It is just a standard procedure to help keep discipline and order in the chambers. https://www.everycrsreport.com/reports/RL31382.html The House of Representatives—in the same manner as the United States Senate—is expressly authorized within the United States Constitution (Article I,...


16

With plenty of caveats, the speaker of the house is who schedules legislation for a vote This is not accurate. The House Rules Committee handles this, not the Speaker of the House by himself or herself. But, since the House Rules Committee is also controlled by the majority party, the incentives are more or less identical. There has been no formal ...


14

The House of Representatives has the constitutional authority to impose disciplinary measures on its members, including "expulsion, censure or reprimand, fines or other economic sanctions, and deprivation of seniority or committee status". Article I, Section 5, Clause 2 of the US Constitution states: Each House may determine the Rules of its ...


12

As far as I'm aware, there is not explicit rule one way or the other - just tradition and the assumption about what words like "quorum" and "absent" mean. Constitutionally, this falls under the "Each House may determine the Rules of its Proceedings" catchall. It does require a "quorum" to do business, and "absent" members can be compelled to attend, both of ...


9

No. Their specific branch of Congress may expel the Congressman for any reason with a super-majority vote, which basically telling the people whom he represents, "Try again." There may be provisions to recall a Representative through recount. Before the 17th Amendment, Senators could be recalled by the State Legislature for reasons that they didn't like ...


9

What are the details of how this problem of properly convening the house is resolved? RULES of the HOUSE OF REPRESENTATIVES RULE II OTHER OFFICERS AND OFFICIALS Clerk 2. (a) At the commencement of the first session of each Congress, the Clerk shall call the Members, Delegates, and Resident Commissioner to order and proceed to record their ...


8

Per the 20th Amendment of the Constitution The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. ...


6

There is no filibuster in the House of Representatives; it is only part of the Senate rules. Furthermore, a majority of the House can vote to end the debate anytime and proceed onto the impeachment vote. From this CRS report, page 12: A question of the privileges of the House is considered under the hour rule. Often, the House votes to dispose of such ...


6

No The Constitution is clear that all bills must by passed by the House and the Senate. Here's the relevant excerpt from Article 1, Section 7: Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States Because of the rules of the Senate, a bill that has ...


5

This is from the Schenectady NY Gazette, printed on January 5th, 1955, two days after the 84th Congress began. RAYBURN, who arrived here from Bonham, Txas, on March 4, 1913, took the oath from Representative Carl Vinson (D), who came here from Milledgeville, Ga., on Nov. 3, 1914. ~* According to Vinson's Wikipedia page, Vinson was the second ...


5

The latter question, on convening a new congress with all officers unavailable, is very untested. Especially in the near-doomsday scenario where the government is essentially wiped out at the same time (including the "designated survivor" etc.). The issue of how and on what authorities each new Congress is convened in a formal legal sense is ...


5

Are there any other mechanisms of power? Yes. For example, the Rules committee can classify a bill into categories. Appropriations bills, for example, are subject to different rules than general legislation. As another example, the Rules committee determines whether a bill fits in a category that requires a supermajority vote under the House Rules (e.g. ...


5

It is because of the expedited procedure that they used to get it passed as they needed to get it done quickly. https://www.bloomberg.com/news/articles/2020-12-28/house-set-to-vote-on-2-000-stimulus-checks-trump-demanded The bill cleared the chamber on a 275 to 134 vote, reaching the two-thirds majority needed for the expedited procedure used Monday.


5

Currently, there are no provisions in the House or Senate rules that allow members to vote remotely. As the House Rules Committee concluded, it's unclear whether this is possible through a rule change. From the CRS report – Constitutional Considerations of Remote Voting In Congress: As the House Rules Committee recently put it, “remote voting is an untested ...


4

Yes, the dress code rules are public but they are not well documented https://www.racked.com/2018/3/12/17067462/capitol-hill-senate-house-dress-code-fashion Jen*, a staffer working for a Democratic senator: Every individual senate office is like its own small business. The tone when it comes to vacation policy and office hierarchy and dress code is set by ...


4

No, this is not a power that is given to the house and it was setup so that the house, senate and president all need to agree with the exception that if the president does exercise veto power it can be overridden with a 2/3rd vote in both the house and senate. Something to remember, though not directly related, is that in the 1990's congress tried to give ...


4

At the beginning of each session, the House of Representatives agrees to the Rules of the House (link) which prescribe the conditions under which a bill can be brought to the floor, and the rules by which a bill is adopted. It is not unlike the famous Robert's Rules of Order, governing the procedure that a body will use to govern itself. It provides for ...


3

Actually your answer is incorrect. Senators can be impeached -- and have been impeached. The first (and as of now, only) senator to be impeached was William Blount in 1798. Per Article II, Section 4, of the Constitution, the House of Representatives has the power to impeach the president, vice president and any civil officer (which includes senators and ...


3

No. The constitution gives the House the right to arrange its own affairs. The parliamentarian advises, but it is up to the House to decide, by voting if necessary. In this case, the House has made its decision. The House has decided that, regardless of the parliamentarian's advice and the precedent from 1984, the language was not unparliamentary. There is ...


3

Every representative (delegate or resident commissioner) having a certificate of election is a member unless and until they are expelled (or later excluded). The Clerk of the House from the previous session assumes the chair and calls the House to order, a roll call is taken, then the Speaker is elected. The Speaker assumes the chair and continues the ...


2

While such a scenario is unlikely to materialise, theoretically, is it realistic for Kevin McCarthy to be elected the Speaker of the House? Is there any mechanism that allows for the Speaker's election to be delayed if the Democrats do not have enough members present on the floor for the vote on January 3? Much of this is addressed in The authority to ...


2

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 14th Amendment (second sentence) It's all well and good ...


2

At the end of the first roll call "THE SPEAKER: THE READING CLERK WILL NOW CALL THE NAMES OF MEMBERS WHO DID NOT ANSWER ON THE FIRST CALL" After the second attempt "THE SPEAKER: IF THERE ARE ANY MEMBERS WHO DID NOT ANSWER THE CALL OF THE ROLL, THEY MAY COME TO THE WELL AND VOTE AT THIS TIME." So they can still answer the call of the roll until the vote ...


2

Is there any rule making representatives, senators, and others purposefully avoid cursing while in the legislature building? [While the following applies to the House, it should be no different for the Senate.] No, there is no specific rule regarding words to be avoided. "Members have been cautioned against the use of vulgarity or profanity in debate.&...


1

Most parliaments have some concept of unparliamentary language. These are words that are seen as inadequate for the civil debate that should be going on therein. While it is expected that debates are heated, it is also recognised that a shouting duel or insults thrown back and forth will not further the debate, improve the arguments or lead to any common ...


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