Felt’s Parliamentary Procedure/As Applied to Paragraphs

by Orson B. Felt

Layout 2

AS APPLIED TO PARAGRAPHS.

119. If it is moved to strike out a paragraph, then a new principle is involved, because inasmuch as the whole paragraph is to be struck out there will be nothing left upon which to ingraft an amendment, and if struck out it cannot be restored in whole or in part, or if the motion to strike out is rejected the assembly has really adopted the paragraph and it cannot be amended; therefore, it must be amended before the vote to strike out is taken, if at all. For this reason, the rule as to striking out and inserting words is modified when applied to striking out and inserting paragraphs.

120. When it is moved to strike out a paragraph the friends of the paragraph have a right to perfect the paragraph by amendment before the vote to strike out is taken. Or if it be moved to insert a paragraph, the assembly may modify the paragraph by amendment pending the motion to insert—because if the motion prevails the paragraph so inserted cannot be amended at that session; hence, it must be amended before it is inserted, if at all.

The only way by which action could be reversed at that session would be to reconsider the vote by which said paragraph was struck out, or inserted. This reconsideration, if it prevailed, would place the question again before the assembly in precisely the same condition as before the vote to strike out or insert was taken, and than the desired amendment would be in order.

121. If the motion is to strike out one paragraph and insert another, said motion takes on the form of a substitute (141), and as such the friends of the paragraph it is proposed to insert (beginning with the proposition to strike out), have the right to perfect said paragraphs by amendment before the text vote; because by said proposition the assembly would otherwise have simply a choice between two paragraphs, neither of which might be fully acceptable, and if the motion prevailed the paragraph struck out could not be restored, and the paragraph inserted could not be struck out or amended.

If the assembly desired to reject both propositions, that is, the original paragraph and the one it is proposed to insert, it should reject the motion to strike out and insert, and then by a new motion strike out the original paragraph. (See also substitute Sec. 141.)

Notes.—It is the common practice in legislative assemblies after a bill has been perfected by amendment in committee to move to strike out all after the “enacting clause” and substitute the bill as perfected, or to amend a resolution by stiking out all after the word “resolved” and substituting another resolution on the same subject.

If the “enacting clause” is struck out the bill is deprived of the words which give it life and make it law, and it is thus defeated.

(See also note to Sec. 143.)