[167] Rule V.
[168] Hinds' Precedents of the House of Representatives, IV: § 2910-2915 (1907); Cannon's Precedents of the House of Representatives, VI: §§ 645, 646 (1936).
[169] United States v. Ballin, 144 U.S. 1, 5 (1892). It is, of course, by virtue of its power to determine "rules of its proceedings" that the Senate enables its members to prevent the transaction of business by what are termed "filibusters". The question has been raised whether the rules which support a filibuster are constitutionally compatible with the clause in the preceding section: "A majority of each [House] shall constitute a quorum to do business". See Franklin Burdette, Filibustering in the Senate (Princeton University Press, 1940), 6, 61, 111-112, 227-229, 232-233, 237-238. The Senate is "a continuing body". McGrain v. Daugherty, 273 U.S. 139, 181-182 (1927). Hence its rules remain in force from Congress to Congress except as they are changed from time to time, whereas those of the House are readopted at the outset of each new Congress.
[170] 286 U.S. 6 (1932).
[171] 338 U.S. 84 (1949).
[172] Title 22, § 2501.
[173] 338 U.S. at 93-95, citing Field v. Clark, 143 U.S. 649, 669-673 (1892); United States v. Ballin, 144 U.S. 1, 5 (1892); and other cases.
[174] Burton v. United States, 202 U.S. 344, 356 (1906).
[175] In re Chapman, 166 U.S. 661, 669, 670 (1897).
[176] I Story, Constitution, § 840, quoted with approval in Field v. Clark, 143 U.S. 649, 670 (1892).