If greater freedom is desired, the proper course is to refer the subject to the committee of the whole [§ 32], or to consider it informally [§ 33]. [For limiting or closing the debate, see § 37.] No member can speak the second time to a question, until every member choosing to speak has spoken. But an amendment, or any other motion being offered, makes the real question before the assembly a different one, and, in regard to the right to debate, is treated as a new question. Merely asking a question, or making a suggestion, is not considered as speaking.
35. Undebatable Questions. The following questions shall be decided without debate, all others being debatable [see note at end of this section]:
—To Fix the Time to which the Assembly shall Adjourn (when a privileged question, § 10).
—To Adjourn [§ 11], (or in committee, to rise, which is used instead of to adjourn).
—For the Orders of the Day [§ 13], and questions relating to the priority of business.
—An Appeal [§ 14] when made while the Previous Question is pending, or when simply relating to indecorum or transgressions of the rules of speaking, or to the priority of business.
—Objection to the Consideration of a Question [§ 15].
—Questions relating to Reading of Papers [§ 16], or Withdrawing a Motion [§ 17], or Suspending the Rules [§ 18], or extending the limits of debate [§ 34], or limiting or closing debate, or granting leave to continue his speech to one who has been guilty of indecorum in debate [§ 36].
—To Lie on the Table or to Take from the Table [§ 19].
—The Previous Question [§ 20].
—To Reconsider [§ 26] a question which is itself undebatable.
The motion to Postpone to a certain time [§ 21] allows of but very limited debate, which must be confined to the propriety of the postponement; but to Reconsider a debatable question [§ 26], or to Commit [§ 22], or Indefinitely Postpone [§ 24], opens the main question [§ 6] to debate. To Amend [§ 23] opens the main question to debate only so far as it is necessarily involved in the amendment.
The distinction between debate and making suggestions or asking a question, should always be kept in view, and when the latter will assist the assembly in determining the question, is allowed to a limited extent, even though the question before the assembly is undebatable.
Note On Undebatable Questions.—The English common parliamentary law makes all motions debatable, without there is a rule adopted limiting debate [Cushing’s Manual, § 330]; but every assembly is obliged to restrict debate upon certain motions. The restrictions to debate prescribed in this section conform to the practice of Congress, where, however, it is very common to allow of brief remarks upon the most undebatable questions, sometimes five or six members speaking; this of course is allowed only when no one objects.
By examining the above list, it will be found, that, while free debate is allowed upon every principal question [§ 6], it is permitted or prohibited upon other questions in accordance with the following principles:
(a) Highly privileged questions, as a rule, should not be debated, as in that case they could be used to prevent the assembly from coming to a vote on the main question; (for instance, if the motion to adjourn were debatable, it could be used [see § 11] in a way to greatly hinder business). High privilege is, as a rule, incompatible with the right of debate on the privileged question.
(b) A motion that has the effect to suppress a question before the assembly, so that it cannot again be taken up that session [§ 42], allows of free debate. And a subsidiary motion [§ 7, except commit, which see below,] is debatable to just the extent that it interferes with the right of the assembly to take up the original question at its pleasure.
Illustrations: To “Indefinitely Postpone” [§ 24] a question, places it out of the power of the assembly to again take it up during that session, and consequently this motion allows of free debate, even involving the whole merits of the original question.