Problems in American Democracy

by Thames Williamson

The Speaker has the power to decide points of order, and otherwise to deal with such obstructions to legislative business as the filibustering tactics of the minority party. Often this power is exercised in connection with the quorum. The quorum or number of members who must be present in order that business may be transacted, is fixed by the Constitution as a majority of each house. Formerly it was the habit of minority members to remain silent at roll-call, so that if several members of the majority party were absent, it might be that no quorum would appear. In such a case legislative business would be blocked. But in 1890 Speaker Reed adopted the practice, since become invariable, of counting as present members actually in the House, whether or not they respond to their names at roll-call. The Speaker also checks filibustering by disregarding all motions and appeals which he thinks are made simply for the purpose of obstructing legislative business.

553. THE COMMITTEE ON RULES.—Of great importance in the House is the committee on rules. This committee has the power to decide upon the order for considering bills, and to determine the length of debates. It also determines the time when the vote shall be taken. This it does by "reporting a rule," that is to say, by presenting a report as to the time and conditions under which the House shall consider a measure. This report takes precedence over all other business. Thus the fate of a bill may be determined by the committee on rules.

Previous to 1910 this committee consisted of the Speaker, and two majority and two minority members named by the Speaker. But in the 61st Congress, there occurred what has been called the "revolution of 1910." This "revolution" opposed Speaker Cannon's policy of using for personal and partisan purposes his power to appoint the other members of the committee on rules. As the result of a violent agitation the House finally placed marked restrictions upon the Speaker's control over the committee. The membership of the committee on rules was increased, first to ten, and then to twelve. Of these twelve members eight belong to the majority party and four are minority members. The committee is no longer chosen by the Speaker, but is selected by the House itself. The Speaker is even excluded from membership in the committee.

554. THE CONGRESSIONAL COMMITTEE SYSTEM. [Footnote: For a discussion of the advantages and disadvantages of the committee system see Chapter XXXVI.]—In both houses of Congress the assembly is divided into a number of committees, each of which is charged with the consideration of legislation dealing with particular subjects. Previous to 1911 the Speaker appointed all House committees, but since that date all committees have been chosen by the House as a body, though in practice the decisions are made by the caucuses of the majority and minority parties, held just before the organization of the House. Similarly, the Senate chooses its own committees from lists drawn up by the caucuses of the two political parties. In either house, the minority party has such representation upon committees as the majority party chooses to allow. There are in the House more than fifty of these committees, while in the Senate the number is even larger. In the House of Representatives the more important committees are those on rules, ways and means, appropriations, judiciary, banking and currency, interstate and foreign commerce, and rivers and harbors.

B. THE MAKING OF A FEDERAL LAW [Footnote: A more detailed account of the law-making process may be found in Reed, Form and Functions of American Government, Chapter XXII.]

555. HOW LEGISLATION IS INITIATED.—The course of congressional legislation may be illustrated by following a bill through the House of Representatives.

Any member of the House may introduce a bill by filing it with the clerk. The title of the bill is printed in the Journal and Record, this constituting a first "reading." The bill is then delivered to the Speaker, who refers it to the proper committee. Once a bill has been passed to the committee its fate rests largely with that body. The committee may confer with certain administrative officers, listen to individuals interested in the subject, summon and examine other persons, and then reach a decision upon the bill. The committee may amend the bill as it pleases. If unfavorable to the measure, the committee may report it adversely, or too late for legislative action. Indeed, it may even fail to report it at all. Theoretically the House may overrule the committee's decision on a bill, but so generally are the committee's recommendations followed by the House that the adverse action of the committee virtually kills a bill.

556. THE BILL IS REPORTED TO THE HOUSE.—Let us suppose that the committee reports the bill back to the House. The measure is then placed upon a calendar and here awaits its turn, unless the committee on rules sees fit to direct the immediate attention of the House to it. The second reading is an actual and full reading of the bill for the purpose of allowing amendments to be offered. After the second reading, which may result in the adoption of amendments, the Speaker puts the motion, "Shall the bill be engrossed and read a third time?" Debate is then in order. If the vote which follows is in the affirmative, the bill is read a third time, but only by title. The question of passage is put by the Speaker immediately after the third reading.

557. DEBATE UPON THE BILL.—Debate in the House of Representatives has little influence upon most bills, the fate of a measure being practically determined by the committee considering it. Most speeches are frankly intended for political purposes, and for circulation in the Congressional Record, rather than as actual and positive influences upon the bill which is being discussed.

Debate in the House is limited in several ways. No member may spend more than an hour in debate upon any question, except the member in charge of the bill. This member may have an additional hour at the close. In the committee of the whole, speeches are limited to five minutes. No member may speak more than once on the same subject without special permission from the chair. The single exception to this rule is the member who has introduced the bill. Before debate begins, the chairman of the committee in charge of the bill arranges, in consultation with the Speaker, a list of members who are to be heard upon the bill. No other members are ordinarily recognized by the Speaker in the ensuing debate.