Rules of the United States House of Representatives

Rules of the United States House of Representatives
Document name	Rules of the United States House of Representatives
Jurisdiction	United States Congress
Date created	1789
Date ratified	April 1, 1789
Date effective	April 1, 1789
Purpose	Parliamentary procedure for the United States House of Representatives

Rules of the United States House of Representatives govern the internal procedures and conduct of business within the lower chamber of the United States Congress. These rules, which are adopted anew by each Congressional session, establish the framework for debate, amendment, and passage of legislation. They derive their ultimate authority from the U.S. Constitution and are implemented through a combination of standing orders, precedents set by the Speaker, and rulings from the Office of the Parliamentarian.

Constitutional basis and statutory authority

The constitutional foundation for the House's rules is found in Article I, Section 5 of the U.S. Constitution, which states that "Each House may determine the Rules of its Proceedings." This grant of authority was first exercised by the 1st United States Congress, which adopted a simple set of rules based on procedures from the Continental Congress and the British House of Commons. Over time, these rules have been codified and expanded, with significant statutory underpinnings provided by laws like the Legislative Reorganization Act of 1946 and the Congressional Budget and Impoundment Control Act of 1974. The rules are also interpreted through a vast body of precedent compiled in sources such as Hinds' Precedents and Cannon's Precedents.

The House Rules Committee

Often described as the "traffic cop" of the House, the House Rules Committee is one of the most powerful standing committees. Its primary function is to report "special rules" that structure the floor debate for specific pieces of legislation, often limiting amendment opportunities or debate time. The committee's composition is heavily influenced by the Speaker, and its members, particularly the Chairman, are key lieutenants in the majority party's legislative strategy. Historically, figures like Speaker Joseph Gurney Cannon used the committee to centralize control, leading to the Revolt of 1910 which curtailed the Speaker's power.

General parliamentary procedure

Daily proceedings in the House operate under a set of general parliamentary rules designed for efficiency in a large body. The Speaker presides, maintaining order and recognizing members to speak. Debate is strictly regulated, with time limits commonly enforced. The basic process for considering legislation involves stages of reading, committee referral, and floor action. Key procedural motions include the previous question, which is used to end debate and force a vote, a tactic that distinguishes the House from the more deliberative United States Senate. The rules also govern the introduction of bills, the House Journal, and the conduct of State of the Union addresses.

Special rules and their consideration

For most major legislation, the House does not operate under its general rules but instead considers a "special rule" reported by the Rules Committee. These resolutions can be "open," allowing any germane amendment, "modified open," or "closed," prohibiting all amendments. They also set the total time for debate, typically dividing it equally between the chairman and ranking member of the committee of origin. The consideration of a special rule itself is a privileged matter, debated for one hour before the House votes on its adoption. The use of closed rules has been a point of contention between parties, often criticized by the Minority Leader.

Committee of the Whole

To expedite the consideration of legislation, particularly bills involving taxation or appropriations, the House often resolves itself into the Committee of the Whole House on the State of the Union. In this committee, a lower quorum of 100 members is required, and debate rules are more flexible, allowing for five-minute speeches on amendments. The committee is presided over by a Chairperson of the Committee of the Whole appointed by the Speaker. After completing the amendment process, the Committee "rises" and reports the bill back to the full House for a final vote on passage. This procedure was notably used during debates on the Affordable Care Act and the Tax Cuts and Jobs Act of 2017.

Enforcement and points of order

The rules are enforced primarily through points of order, which any member may raise to allege a procedural violation. These are ruled upon by the presiding officer, relying on advice from the nonpartisan Office of the Parliamentarian. A point of order may challenge the germaneness of an amendment, a violation of the Budget Act, or a breach of decorum. Certain rules can be waived, but doing so typically requires a two-thirds vote or the prior adoption of a special rule from the Rules Committee. The enforcement of pay-as-you-go budget rules, known as PAYGO, is a frequent subject of points of order. The rulings create binding precedents that guide future procedure.

Recent and proposed changes

The House rules are dynamic, often amended at the start of a new Congressional session, especially when party control changes. Recent changes have involved the motion to vacate the chair, electronic device usage, and dress codes. The 118th United States Congress saw significant rule changes negotiated by the Freedom Caucus and Speaker Kevin McCarthy. Proposed reforms frequently center on increasing transparency, such as requiring a 72-hour review period for bills, modifying the discharge petition process to make it easier to force floor votes, and altering the power of the Rules Committee. Debates over the filibuster in the United States Senate often spur parallel discussions about House rules regarding debate limitation.