Robert's Rules of Order by Henry M. Robert (best free ebook reader for android txt) π
While in extreme cases there is no difficulty in deciding the questionas to whether the practice of Congress determines the commonparliamentary law, yet between these extremes there must necessarily bea large number of doubtful cases upon which there would be greatdifference of opinion, and to avoid the serious difficulties alwaysarising from a lack of definiteness in the law, every deliberativeassembly should imitate our legislative bodies in adopting Rules ofOrder for the conduct of their business.* [Where the practice ofCongress differs from that of Parliament upon a material point, thecommon law of this country follows the practice of Congress. Thus inevery American deliberative assembly having no rules for conductingbusin
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To accomplish this, when any debatable question is before the assembly, it is only necessary for some one to obtain the floor and "call for the previous question;" this call being seconded, the chairman, as it allows of no debate, instantly puts the question, thus: "Shall the main question be now put?" If this is carried by a two-thirds vote [οΏ½ 68], all debate instantly
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ceases, excepting that the member who offered the original resolution, or reported it from a committee, is, as in all other cases, entitled to the floor to close the debate; after which, the chairman immediately puts the questions to the assembly, first, on the motion to commit, if it is pending; if this is carried, of course the subject goes to the committee; if, however, it fails, the vote is next taken on amendments, and finally on the resolution as amended.
If a motion to postpone, either definitely or indefinitely, or a motion to reconsider, or an appeal is pending, the previous question is exhausted by the vote on the postponement, reconsideration or appeal, and does not cut off debate upon any other motions that may be pending. If the call for the previous question fails, that is, the debate is not cut off, the debate continues the same as if this motion had not been made. The previous question can be called for simply on an amendment, and after the amendment has been acted upon, the main question is again open to debate.
(b) An order limiting or closing debate. Sometimes, instead of cutting off debate entirely by ordering the previous question, it is desirable to allow of but very limited debate. In
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this case, a motion is made to limit the time allowed each speaker or the number of speeches on each side, or to appoint a time at which debate shall close and the question be put. The motion may be made to limit debate on an amendment, in which case the main question would afterwards be open to debate and amendment; or it may be made simply on an amendment to an amendment.
In ordinary societies, where harmony is so important, a two-thirds vote should be required for the adoption of any of the above motions to cut off or limit debate.* [In the House of Representatives, these motions require only a majority vote for their adoption. In the Senate, to the contrary, not even two-thirds of the members can force a measure to its passage without allowing debate, the Senate rules not recognizing the above motions.
To Suppress the Question. (a) Objection to the consideration of a question. Sometimes a resolution is introduced that the assembly do not wish to consider at all, because it is profitless, or irrelevant to the objects of the assembly, or for other reasons. The proper course to pursue in such case, is for some one, as soon as it is introduced, to "object to the consideration of the question." This objection not requiring a second, the chairman immediately=== Page 139 ===
puts the question, "Will the assembly consider this question?" If decided in the negative by a two-thirds vote, the question is immediately dismissed, and cannot be again introduced during that session. This objection must be made when the question is first introduced, before it has been debated, and it can be made when another member has the floor.
(b) Postpone indefinitely. After the question has been debated, the proper motion to use in order to suppress the question for the session, is to postpone indefinitely. It cannot be made while any motion except the original or main question is pending, but it can be made after an amendment has been acted upon, and the main question, as amended, is before the assembly. It opens the merits of the main question to debate to as great an extent as if the main question were before the assembly. On account of these two facts, in assemblies with short sessions it is not very useful, as the same result can usually be more easily attained by the next motion.
(c) Lie on the table. If there is no possibility during the remainder of the session of obtaining a majority vote for taking up the question, then the quickest way of suppressing it is
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to move "that the question lie on the table;" which, allowing of no debate, enables the majority to instantly lay the question on the table, from which it cannot be taken without their consent.
From its high rank [οΏ½ 64] and undebatable character, this motion is very commonly used to suppress a question, but, as shown in οΏ½ 57 (b), its effect is merely to lay the question aside till the assembly choose to consider it, and it only suppresses the question so long as there is a majority opposed to its consideration.
To Consider a question a second time. Reconsider. When a question has been once adopted, rejected or suppressed, it cannot be again considered during that session [οΏ½ 70], except by a motion to "reconsider the vote" on that question. This motion can only be made by one who voted on the prevailing side, and on the day the vote was taken which it is proposed to reconsider.* [In Congress it can be made on the same or succeeding day; and if the yeas and nays were not taken on the vote, any one can move the reconsideration. The yeas and nays are however ordered on all important votes in Congress, which is not the case in ordinary societies.] It can be made and entered on the minutes in the midst of debate, even when another member has the floor, but cannot be considered until there is no question=== Page 141 ===
before the assembly, when, if called up, it takes precedence of every motion except to adjourn and to fix the time to which the assembly shall adjourn.
A motion to reconsider a vote on a debatable question, opens to debate the entire merits of the original motion. If the question to be reconsidered is undebatable, then the reconsideration is undebatable.
If the motion to reconsider is carried, the chairman announces that the question now recurs on the adoption of the question the vote on which has been just reconsidered: the original question is now in exactly the same condition that it was in before the first vote was taken on its adoption, and must be disposed of by a vote.
When a motion to reconsider is entered on the minutes, it need not be called up by the mover till the next meeting, on a succeeding day.* [If the assembly has not adopted these or similar rules, this paragraph would not apply, but this motion to reconsider would, like any other motion, fall to the ground if not acted upon before the close of the session at which the original vote was adopted.] If he fails to call it up then, any one else can do so. But should there be no succeeding meeting, either adjourned or regular, within a month, then the effect of the motion to reconsider
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terminates with the adjournment of the meeting at which it was made, and any one can call it up at that meeting.
In general no motion (except to adjourn) that has been once acted upon, can again be considered during the same session, except by a motion to reconsider. [The motion to adjourn can be renewed if there has been progress in business or debate, and it cannot be reconsidered.] But this rule does not prevent the renewal of any of the motions mentioned in οΏ½ 64, provided the question before the assembly has in any way changed; for in this case, while the motions are nominally the same, they are in fact different.* [Thus to move to postpone a resolution is a different question from moving to postpone it after it has been amended. A motion to suspend the rules for a certain purpose cannot be renewed at the same meeting, but can be at an adjourned meeting. A call for the orders of the day that has been negatived, cannot be renewed while the question then before the assembly is still under consideration. See Rules of Order, οΏ½ 27, for many peculiarities of this motion.]
Order and Rules. (a) Orders of the Day. Sometimes an assembly decides that certain questions shall be considered at a particular time, and when that time arrives those questions constitute what is termed the "orders of the day," and if any member "calls for the orders of the day," as it requires no second, the=== Page 143 ===
chairman immediately puts the question, thus: "Will the assembly now proceed to the orders of the day?" If carried, the subject under consideration is laid aside, and the questions appointed for that time are taken up in their order. When the time arrives, the chairman may state that fact, and put the above question without waiting for a motion. If the motion fails, the call for the orders of the day cannot be renewed till the subject then before the assembly is disposed of.* [In Congress, a member entitled to the floor cannot be interrupted by a call for the orders of the day. In an ordinary assembly, the most common case where orders of the day are decided upon is where it is necessary to make a programme for the session. When the hour arrives for the consideration of any subject on the programme, these rules permit any member to call for the orders of the day (as described in Rules of Order, οΏ½ 2) even though another person has the floor. If this were not permitted, it would often be impossible to carry out the programme, though wished for by the majority. A majority could postpone the orders of the day, when called for, so as to continue the discussion of the question then before the assembly. An order as to the time when any subject shall be considered, must not be confounded with the rules of the assembly; the latter must be enforced by the chairman, without they are suspended by a two-thirds vote; the former, in strictness, can only be carried out by the order of a majority of the assembly then present and voting.]
(b) Special Order. If a subject is of such importance that it is desired to consider it at a special time in preference to the orders of the day and established order of business, then a motion should be made to make the question a "special order" for that particular time. This
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motion requires a two-thirds vote for its adoption, because it is really a suspension of the rules, and it is in order whenever a motion to suspend the rules is in order. If a subject is a special order for a particular day, then on that day it supersedes all business except the reading of the minutes. A special order can be postponed by a majority vote. If two special orders are made for the same day, the one first made takes precedence.
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