Robert's Rules of Order by Henry M. Robert (best free ebook reader for android txt) 📕
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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[or discussed]? If decided in the negative by a two-thirds vote [� 39], the whole matter is dismissed for that session [� 42]; otherwise the discussion continues as if this question had never been made.
The Object of this motion is not to cut off debate (for which other motions are provided, see � 37), but to enable the assembly to avoid altogether any question which it may deem irrelevant, unprofitable or contentious.* [In Congress, the introduction of such questions could be temporarily prevented by a majority vote under the 41St Rule of the House of Representatives, which is as follows: "Where any motion or proposition is made, the question, 'Will the House now consider it?' shall not be put unless it is demanded by some member, or is deemed necessary by the Speaker." The English use the "Previous Question," for a similar purpose [see note to � 20]. The question of consideration is seldom raised in Congress, but in assemblies with very short sessions, where but few questions can or should be considered, it seems a necessity that two-thirds of the assembly should be able to instantly throw out a question they do not wish to consider. The more common form, in ordinary societies, of putting this question, is, "Shall the question be discussed?" The form to which preference is given in the rule conforms more to the Congressional one, and is less liable to be misunderstood.]
Reading Papers. [For the order of precedence, see � 8.] Where papers are laid before the assembly, every member has a right to have them once read before he can be compelled to vote on them, and whenever a member asks for the reading of any such
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paper, evidently for information, and not for delay, the Chair should direct it to be read, if no one objects. But a member has not the right to have anything read (excepting stated above) without getting permission from the assembly.
Withdrawal of a Motion. [For order of precedence, see � 8.] When a question is before the assembly and the mover wishes to withdraw or modify it, or substitute a different one in its place, if no one objects, the presiding officer grants the permission; if any objection is made, it will be necessary to obtain leave to withdraw, etc., on a motion for that purpose. This motion cannot be debated or amended. When a motion is withdrawn, the effect is the same as if it had never been made.* [In Congress, a motion may be withdrawn by the mover, before a decision or amendment [Rule 40, H. R.]. Nothing would be gained in ordinary societies by varying from the common law as stated above.]
Suspension of the Rules. [For the order of precedence, see � 8.] This motion is not debatable, and cannot be amended, nor can any subsidiary [� 7] motion be applied to it, nor a vote on it be reconsidered [� 27],
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nor a motion to suspend the rules for the same purpose be renewed [� 26] at the same meeting, though it may be renewed after an adjournment, though the next meeting be held the same day.* [In Congress, it cannot be renewed the same day.] The rules of the assembly shall not be suspended except for a definite purpose, and by a two-thirds vote.
The Form of this motion is, to "suspend the rules which interfere with," etc., specifying the object of the suspension.
Subsidiary Motions. [�� 19-24; see � 7.]
To Lie on the Table. This motion takes precedence of all other Subsidiary Questions [� 7], and yields to any Privileged [� 9] or Incidental [� 8] Question. It is not debatable, and cannot be amended or have any other subsidiary motion [� 7] applied to it. It removes the subject from consideration till the assembly vote to take it from the table.The Form of this motion is, "I move that the question lie on the table," or, "that it be laid on the table," or, "to lay the question
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on the table." When it is desired to take the question up again, a motion is made, either "to take the question from the table," or "to now consider such and such a question;" which motion is undebatable, and cannot have any subsidiary motion applied to it.
The Object of this motion is to postpone the subject in such a way, that at any time it can be taken up, either at the same or some future meeting, which could not be accomplished by a motion to postpone, either definitely or indefinitely. It is also frequently used to suppress a question [� 59], which it does, provided a majority vote can never be obtained to take it from the table during that session [� 42].
The Effect of this motion is in general to place on the table everything that adheres to the subject; so that if an amendment be ordered to lie on the table, the subject which it is proposed to amend, goes there with it. The following cases are exceptional: (a) An appeal [� 14] being laid on the table, has the effect of sustaining, at least for the time, the decision of the Chair, and does not carry the original subject to the table. (b) So when a motion to reconsider [� 27] a question is
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laid on the table, the original question is left where it was before the reconsideration was moved. (c) An amendment to the minutes being laid on the table does not carry the minutes with it.
Even after the ordering of the Previous Question up to the moment of taking the last vote under it, it is in order to lay upon the table the question before the assembly.
The Previous Question* [The Previous Question is a technical name for this motion, conveying a wrong impression of its import, as it has nothing to do with the subject previously under consideration. To demand the previous question is equivalent in effect to moving "That debate now cease, and the assembly immediately proceed to vote on the questions before it," (the exceptions are stated above). The English Previous Question is an entirely different one from ours, and is used for a different purpose. In the English Parliament it is moved by the enemies of a measure, who then vote in the negative, and thus prevent for the day, the consideration of the main question, (which in this country could be accomplished by "objecting to the consideration of the question" [� 15], if the objection were sustained). In our Congress, it is moved by the friends of a measure, who vote in the affirmative with a view to cutting off debate and immediately bringing the assembly to a vote on the questions before it. The rules in the two cases are as different as the objects of the motions. It requires only a majority vote for its adoption in the House of Representatives, and is not allowed in the United Senate.] takes precedence of every debatable question [� 35], and yields to Privileged [� 9] and Incidental [� 8] questions and to the motion to Lie on the table [� 19]. It is not debatable, and cannot be amended or have any other Subsidiary=== Page 38 ===
[� 7] motion applied to it. It shall require a two-thirds vote for its adoption.
When a member calls for the previous question, and the call is seconded, the presiding officer must immediately put the question: "Shall the main question be now put?" If adopted, the member who introduced the pending measure still has the right to close the debate [� 34] after which the presiding officer, without allowing further discussion, shall put to vote the questions before the assembly, in their order of precedence, till the main question, with all its subsidiary and incidental questions, is disposed of (see the exceptions below). If it fails, the discussion continues as if this motion had not been made.
The previous question can be moved on a pending amendment, and if adopted, debate is closed on the amendment only. After the amendment is voted on, the main question is again open to debate and amendments. [In this case the form of the question would be similar to this : "Shall the amendment be now put to the question?"]
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The Object of this motion is to bring the assembly to a vote on the question before it without further debate. In ordinary assemblies it is rarely expedient to deprive a large minority of the right of debate, and yet two-thirds of the members should have the right to close the debate when they think it best.
It applies to questions of privilege [� 12] as well as any other debatable questions. It is allowable for a member to submit a resolution and at the same time move the previous question thereon.
To illustrate the Effect of this motion, suppose it is adopted when we have before the assembly, (a) the main question; (b) an amendment; (c) a motion to commit; (d) a motion to amend the last motion by giving the committee instructions. The previous question being carried, the presiding officer would immediately put the question on the last motion (d); then on the motion to commit, (c); and if this is adopted, of course the subject is referred to the committee and disposed of for the present; but if it fails, the amendment (b) is put, and finally the main question.
Exceptions: If the Previous Question is
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carried while a motion to Postpone is pending, its effect is only to bring the assembly to a vote on that motion; if it is voted not to postpone, the subject is again open for debate. So if an Appeal [� 14] or a motion to Reconsider [� 27] is pending when the Previous Question is ordered, it applies only to them and is exhausted by the vote on them.
An affirmative vote on the motion to Commit [� 22] exhausts the Previous Question and if the vote is reconsidered, it is divested of the Previous Question.
[For other methods of closing debate see � 37 and � 58].
To Postpone to a Certain Day. This motion takes precedence of a motion to Commit, or Amend, or Indefinitely Postpone, and yields to any Privileged [� 9] or Incidental [� 8] question, and to the motion to
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