Parliamentary Procedure in Congressional Debate

1. Parliamentary Procedurein Congressional Debate Where there are no laws, or individuals have their own rules and laws, there is the least of real democracy. - Gen. Henry Martyn Robert

2. Parliamentary Theory • Give the minority a voice before majority rules. • Debate one, specific issue at a time. • Uphold individual members’ rights while respecting the course of business for the entire group/assembly. 2

3. The Basics • Chair (also called “presiding officer”) - leader of an assembly who runs meetings by recognizing members to speak or move. All dialogue in a chamber happens through the chair. • Floor - when a member has the full attention of the assembly (also refers to the area where the assembly meets, where members speak, and where it conducts business).

4. Speaker on the Floor Chair Timing Gavel Placard Parliamentarian 4

5. Time is of the Essence • The PO sets the pace, controlling use of time, calling speakers & questioners. • The PO should take responsibility seriously, ensuring that time is maximized for speeches. • Members should respect this responsibility and allow the PO to fulfill his/her duty as chair.

6. Adopting an Agenda • Usually happens by caucusing at the beginning of a session, or just before a chamber convenes. • Debatability and representation are factors considered. • Once an agenda is adopted by majority vote, it becomes standing rules for the chamber and can only be altered by a two-thirds vote to suspend the rules. 6

7. Process for a Motion • A motion is a proposal that a member or members wish to bring before the group (putting it on the “table”). • When a motion is made, the sponsoring member says she “moves” (this is the verb form of the word). • After the sponsor moves, another member will “second,” or give their support for discussion.

8. Process for a Motion • After the motion is seconded, the chair repeats the motion and moderates discussion by calling on speakers. • When no one wishes to speak, the chair closes discussion, or a member may close discussion by calling the “previous question.” • Since closing discussion might hurt the rights of the minority, a 2/3 vote is required. • Motions can exist in layers (like onions… think Shrek)

9. Motion Hierarchy • Main Motion - item for discussion (proposed law or action) • Subsidiary Motion - to change the course of action on a motion • Incidental Motion - to change how an assembly works (usually temporarily) • Privileged Motion - to alter the physical constraints of the assembly (when it meets, etc.)

10. POs and Motions • The PO should never call for motions. • At the beginning of a PO’s term, s/he should remind members to seek her/his attention in-between speeches. • Do not say “barring any motions...” • Depending on the formality of the tournament, be wary of “Open Chambers” 10

11. Recognizing Speakers When multiple members seek the floor, the PO: • First recognizes those who have not yet spoken. • Next, recognizes those who have spoken less. These first two steps are called “precedence.” • Then, recognizes those who spoke earlier (least recently), referred to as “recency.” 11

12. Tracking Recency • Some POs use a table to track speaking order. • Some use the seating chart. • Some use a combination or some other method. 12

13. Establishing Speaking Priority • Method should be fair and balanced. • Acknowledge biases. • Do not use fallacious systems, such as “activity” or “longest standing.” • Be mindful of special needs. 13

14. Voting Methods for Motions • Viva voce, “voice vote” • Used for non-controversial motions where a formal count is unnecessary (recesses, etc.) • Standing, counted vote: • Those in favor, please rise. • Those opposed, please rise. • Those abstaining, please rise. • “With 17 in favor, 5 opposed and 3 abstaining, the ayes have it and the motion carries.” 14

15. How to Vote • Voice Vote: Ayes and Noes • “Yay” and “nay” are more archaic and reserved for roll call votes (a waste of time in Congressional Debate, because a specific record of who voted for what is not communicated to actual constituents). 15

17. Legislation Amendment Process • Between speeches, a member rises to a point of personal privilege to approach the dais (front table), to retrieve an amendment form. • The member writes out the amendment, specifically noting affected wording and line numbers. • Between speeches, the member rises to a point of personal privilege to approach the dais, to hand the amendment to the PO. 17

18. Handling Amendments • The PO reviews the amendment, and hands it to the parliamentarian, who will advise the PO as to the amendment’s relevance. • CGermane = does not change the central intention of the legislation. • DDilatory = effectively changes what the legislation does. 18

19. Handling Amendments • Any member can rise to move an amendment. At that time, the PO reads the amendment to the chamber, then, takes a vote (usually viva voce) to ascertain a one-thirds second. • If the ayes have it, any member may seek recognition to speak in favor or against. Recognition must be based on the existing precedence/recency – if established – in the chamber. 19

20. Handling Amendments • There is not a requirement that any speeches may be recognized, and it is customary in some areas for a member to immediately stand and move the previous question. 20

21. Laying on the Table • Use to temporarily halt debate on an item. • Should never be used with the intention of stopping debate indefinitely. 21

22. Withdrawing vs. Rescinding • Withdraw = pending; Rescind = approved • If a member moves a motion that is seconded, both the mover and the seconder must agree to its withdrawal from consideration. 22

23. Orders of the Day • Purpose: to force compliance with the agenda. • Use at the end of a session for tournament business and to take final votes on items pending. 23

24. Pearls of Wisdom • Parliamentary law should be the servant, not the master, of the assembly.Henry M. Robert, Parliamentary Law, p. 151 • Robert's 'Rules of Order' are the rules of a fight; they are intended to prevent unfair advantage and to give the minority a fighting chance. - H. S. Elliott, The Process of Group Thinking (1938), p. 190 (quoted in Parliamentary Law for the Layman (1952) by Joseph F. O'Brien, p. 12) 24

25. Pearls of Wisdom • Whenever you find yourself on the side of the majority, it is time to pause and reflect. - Mark Twain • One man with courage makes a majority.- President Andrew Jackson (1767-1845) • No one is to disturb another in his speech, by hissing, coughing, or spitting . . . . - Thomas Jefferson, Manual of Parliamentary Practice § 17 25

26. Pearls of Wisdom • To become an effective Chair, the individual must establish goodwill, respect, and trust between the Chair and the assembly.- Hugh Cannon, Cannon's Concise Guide to Rules of Order, p. 15 • If the members speak directly to each other, the discussion will more easily degenerate into personalities. - Jeremy Bentham, Political Tactics (Chapter XI "Of Debates" § 5), 1791 26

27. Robert’s Rules of Order, Newly Revised, 10th Edition. Henry M. Robert III • Parliamentary Procedure at a Glance,New Edition. O. Garfield Jones • www.jimslaughter.com (resources, charts/articles) • Do not use the “1919/Classic Edition” or online/public domain version of Robert’s Rules of Order 27