51 votes
Accepted

If the US Senate votes to not pass a bill, can the House of Representatives overrule that vote?

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 ...
Joe C's user avatar
  • 27.9k
29 votes
Accepted

What happens if a non-representative is elected speaker of the House?

This has never happened, and probably never will. If it does happen, what would mean is that the non-member Speaker would be a non-voting member of the House of Representatives. In a sense, there's ...
David Hammen's user avatar
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27 votes
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Why is a 2/3 vote required for the Dec 28, 2020 attempt to increase the stimulus checks to $2000?

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 ...
Ted Wrigley's user avatar
23 votes
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Why can members-elect vote for Speaker of the US House of Representatives?

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 ...
James K's user avatar
  • 118k
18 votes
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What allows the House of Representatives to fine its members and is there precedent for doing so?

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/...
Joe W's user avatar
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17 votes
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Has the Hastert rule always been a thing in US Congress?

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 ...
ohwilleke's user avatar
  • 77.9k
14 votes

What allows the House of Representatives to fine its members and is there precedent for doing so?

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 ...
Panda's user avatar
  • 46.6k
12 votes
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Can the US House and Senate make allowance for self-quarantined members to vote remotely?

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 ...
Bobson's user avatar
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11 votes

Why don't members of the minority party in the U.S. House of Representative ever force a vote to vacate the Speakership?

Vacate motions are not a common strategy for a number of reasons: A successful motion requires a simple majority of those present, but since the speaker is (in practice) chosen by the majority party, ...
Ted Wrigley's user avatar
10 votes
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The authority to convene a new House of Representatives

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 ...
Rick Smith's user avatar
9 votes
Accepted

Can a Member of Congress be "Impeached"?

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 ...
hszmv's user avatar
  • 16.1k
8 votes

Why can members-elect vote for Speaker of the US House of Representatives?

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 ...
Machavity's user avatar
  • 47.5k
7 votes

What happens if a non-representative is elected speaker of the House?

If Donald Trump is elected Speaker of the House, he would become the Speaker until he chooses to resign or the House replaces him with another candidate. If a non-member is elected Speaker, they would ...
QuantumWalnut's user avatar
6 votes

If the US Senate votes to not pass a bill, can the House of Representatives overrule that vote?

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 ...
Andrew Brēza's user avatar
6 votes
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Can Impeachment votes be filibustered?

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 ...
Panda's user avatar
  • 46.6k
6 votes

The authority to convene a new House of Representatives

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 ...
zibadawa timmy's user avatar
5 votes
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What powers does the Rules Committee (US House of Reps) have?

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 ...
ohwilleke's user avatar
  • 77.9k
5 votes

Why is a 2/3 vote required for the Dec 28, 2020 attempt to increase the stimulus checks to $2000?

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-...
Joe W's user avatar
  • 16.4k
5 votes

Would a member of Congress be able to legally cast a vote via Zoom if they were away?

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....
Panda's user avatar
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4 votes
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What are the dress code rules for the Houses of Congress

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 ...
Joe W's user avatar
  • 16.4k
4 votes

Who ordered the US House chamber metal detectors removed, and under what authority?

PBS News Hour reported on November 28, 2022, that — McCarthy has assured that under his leadership, the House will remove the metal detectors that were installed to prevent firearms in the House ...
Rick Smith's user avatar
4 votes

If the US Senate votes to not pass a bill, can the House of Representatives overrule that vote?

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 ...
Joe W's user avatar
  • 16.4k
3 votes

Why can members-elect vote for Speaker of the US House of Representatives?

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 ...
Rick Smith's user avatar
3 votes
Accepted

Can Kevin McCarthy realistically be elected Speaker of the House, albeit temporarily?

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 ...
Rick Smith's user avatar
3 votes

Can a Member of Congress be "Impeached"?

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, ...
David326's user avatar
3 votes
Accepted

Does anything else happen if the parliamentarian rules a House speech was out of order, but is not stricken by vote?

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 ...
James K's user avatar
  • 118k
2 votes

What specific rule(s) prevent US congressional offices from using campaign datasets while doing outreach campaigns?

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 ...
elliot svensson's user avatar
2 votes

Are there any rules against cursing in the United States Congress?

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 ...
Rick Smith's user avatar
2 votes
Accepted

Secrecy of House Votes for Member Safety

Q: Under what circumstances, if any, does the House of Representatives have the authority or mechanisms to conduct votes in secrecy? None. It is easy to forget that the Constitution is an order by the ...
Rick Smith's user avatar
2 votes

What are the rules governing the House of Representatives after expiry of the preceding Congress and before or absent of rules being adopted?

Some of what Congress has to do are written in the Constitution or written into law. The Constitution requires the House to choose ("chuse") a Speaker, but it doesn't say how. Neither do the ...
David Hammen's user avatar
  • 12.8k

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