Pocket Manual of Rules of Order for Deliberative Assemblies/Article 5
Art. V. Debate and Decorum.
[§§ 34–37]
34. Debate.[1] When a motion is made and seconded, it shall be stated by the Chairman before being debated [see § 3]. When any member is about to speak in debate he shall rise and respectfully address himself to “Mr. Chairman.” [“Mr. President” is used where that is the designated title of the presiding officer; “Mr. Moderator”[2] is more common in religious meetings. In every case the presiding officer should be addressed by his official title.] The Chairman shall then announce his name [see § 2]. By parliamentary courtesy, the member upon whose motion a subject is brought before the assembly is first entitled to the floor, even though another member has risen first and addressed the Chair [in case of a report of a committee, it is the member who presents the report]; and this member is also entitled to close the debate, but not until every member choosing to speak has spoken. When a member reports a measure from a committee, he cannot in any way be deprived of his right to close the debate; so if the previous question [§ 20] is ordered the Chairman at once assigns him the floor to close the debate. With this exception, no member shall speak more than twice to the same question (only once to a question of order, § 14), nor longer than ten minutes at one time, without leave of the assembly, and the question upon granting the leave shall be decided by a majority vote without debate.[3] 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. The maker of a motion, though he can vote against it, cannot speak against his own motion.
35. Undebatable Questions and those Opening the Main Question to Debate. 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].
To Lie on the Table, or to Take from the Table [§ 19].
The Previous Question [§ 20].
To Reconsider [§ 27] a question which is itself undebatable.
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 [§ 37], or granting leave to continue his speech to one who has been guilty of indecorum in debate [§ 36].
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. When an amendment is before the assembly the main question cannot be debated excepting so far as it is necessarily involved in the amendment. But the following motions open to discussion the entire merits of the main question:
To Commit [§ 22].
To Postpone Indefinitely [§ 24].
To Reconsider a debatable question [§ 27}.
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, unless there is a rule adopted limiting debate [[[Cushing's Manual of Parliamentary Practice|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.
To “Postpone to a certain time” prevents the assembly taking up the question till the specified time, and therefore allows of limited debate upon the propriety of the postponement.
To “Lie on the Table” leaves the question so that the assembly can at any time consider it, and therefore should not be, and is not debatable.
To “Commit” would not be very debatable, according to this rule, but it is an exception, because it is often important that the committee should know the views of the assembly on the question, and it therefore is not only debatable, but opens to debate the whole question which it is proposed to refer to the committee.
36. Decorum in Debate [see § 2]. In debate a member must confine himself to the question before the assembly, and avoid personalities. He cannot reflect upon any act of the assembly, unless he intends to conclude his remarks with a motion to rescind such action, or else while debating such motion. In referring to another member, he should, as much as possible, avoid using his name, rather referring to him as “the member who spoke last,” or in some other way describing him. The officers of the assembly should always be referred to by their official titles. It is not allowable to arraign the motives of a member, but the nature or consequences of a measure may be condemned in strong terms. It is not the man, but the measure, that is the subject of debate. If at any time the Chairman rises to state a point of order, or give information, or otherwise speak, within his privilege [see § 40], the member speaking must take his seat till the Chairman has been first heard. When called to order, the member must sit down until the question of order is decided. If his remarks are decided to be improper, he cannot proceed, if any one objects, without the leave of the assembly expressed by a vote, upon which question there shall be no debate.
Disorderly words should be taken down by the member who objects to them, or by the clerk, and then read to the member; if he denies them, the assembly shall decide by a vote whether they are his words or not. If a member cannot justify the words he used, and will not suitably apologize for using them, it is the duty of the assembly to act in the case. If the disorderly words are of a personal nature, before the assembly proceeds to deliberate upon the case both parties to the personality should retire, it being a general rule that no member should be present in the assembly when any matter relating to himself is under debate. It is not, however, necessary for the member objecting to the words to retire, unless he is personally involved in the case. If any business has taken place since the member spoke, it is too late to take notice of any disorderly words he used.
During debate, and while the Chairman is speaking, or the assembly is engaged in voting, no member is permitted to disturb the assembly by whispering, or walking across the floor, or in any other way.
37. Closing Debate. Debate upon a question is not closed by the Chairman rising to put the question, as, until both the affirmative and negative are put, a member can claim the floor, and reopen debate [see § 38]. Debate can be closed by the following motions,[4] which are undebatable [§ 35], and, except to Lie on the Table, shall require a two-thirds[5] vote for their adoption [§ 39]:
(a) An Objection to the Consideration of a Question [only allowable when the question is first introduced, § 15], which, if sustained, not only stops debate, but also throws the subject out of the assembly for that session [§ 42]; which latter effect is the one for which it was designed.
(b) To Lie on the Table [§ 19], which, if adopted, carries the question to the table, from which it cannot be taken unless a majority favor such action.
(c) The Previous Question [§ 20], which, if adopted, cuts off debate, and brings the assembly to a vote on the pending question only, excepting where the pending motion is an amendment or a motion to commit, when it also applies to the question to be amended or committed. It may be applied merely to an amendment, or to an amendment of an amendment.
(d) For the assembly to adopt an order (1) limiting debate upon a special subject, either as to the number or length of the speeches; or (2) closing debate upon the subject at a stated time, when all pending questions shall be put to vote without further debate. Either of these two measures may be applied simply to a pending amendment, or an amendment thereto; and when this is voted upon, the original question is still open to debate and amendment.
- ↑ In connection with this section read §§ 1–5.
- ↑ ‘‘Brother Moderator” is more commonly used in some sections of the country; but in strictness of speech it implies an official equality between the speaker and the Chairman that does not exist, or in other words it implies that they are both moderators. If a woman is in the chair, the only change in the address is by substituting ‘‘Mrs.” or ‘‘Miss,” as the case may be, for “Mr.” Thus, ‘‘Mrs. President.”
- ↑ The limit in time should vary to suit circumstances, but the limit of two speeches of ten minutes each will usually answer in ordinary assemblies, and it can be increased, when desirable, by a majority vote as shown above, or diminished as shown in § 37. In the U. S. House of Representatives no member can speak more than once to the same question, nor longer than one hour. The fourth rule of the Senate is as follows: ‘‘No senator shall speak more than twice in any one debate, on the same day, without leave of the Senate, which question shall be decided without debate.” If no rule is adopted, each member can speak but once to the same question.
- ↑ It will be noticed that the first two of these motions only close debate by virtue of their suppressing the question itself. The circumstances under which each of these motions to suppress debate and to suppress the question should be used, are explained in §§ 58, 59.
- ↑ In Congress, where each speaker can occupy the floor one hour, any of these motions to cut off debate can be adopted by a mere majority. In ordinary societies harmony is so essential that a two-thirds vote should be required to force the assembly to a final vote without allowing free debate [see note to § 39].