The American Commonwealth. Viscount James Bryce
and rules of procedure of the House, which differ in many respects from those of the Senate, are too numerous to be described here. I will advert only to a few points of special interest, choosing those which illustrate American political ideas or bring out the points of likeness and unlikeness between Congress and the English Parliament.
An oath or affirmation of fidelity to the Constitution of the United States is (as prescribed by the Constitution) taken by all members;14 also by the clerk, the sergeant-at-arms, the doorkeeper, and the postmaster.
The sergeant-at-arms is the treasurer of the House, and pays to each member his salary and mileage. He has the custody of the mace, and the duty of keeping order, which in extreme cases he performs by carrying the mace into a throng of disorderly members. This symbol of authority, which (as in the House of Commons) is moved from its place when the House goes into committee, consists of the Roman fasces, in ebony, bound with silver bands in the middle and at the ends, each rod ending in a spear head, at the other end a globe of silver, and on the globe a silver eagle ready for flight. English precedent suggests the mace, but as it could not be surmounted by a crown, Rome has prescribed its design.
The proceedings each day begin with prayers, which are conducted by a chaplain who is appointed by the House, not (as in England) by the Speaker, and who may, of course, be selected from any religious denomination. Lots are drawn for seats at the beginning of the session, each member selecting the place he pleases according as his turn arrives. Although the Democrats are mostly to the Speaker’s right hand, members cannot, owing to the arrangement of the chairs, sit in masses palpably divided according to party, a circumstance which deprives invective of much of its dramatic effect. One cannot, as in England, point the finger of scorn at “hon. gentlemen opposite.” Every member is required to remain uncovered in the House.
A member addresses the Speaker and the Speaker only, and refers to another member not by name but as the “gentleman from Pennsylvania,” or as the case may be, without any particular indication of the district which the person referred to represents. As there are thirty-six gentlemen from Pennsylvania, and the descriptives used in the English House of Commons (learned, gallant, right honourable) are not in use, facilities for distinguishing the member intended are not perfect. A member usually speaks from his seat, but many speak from the clerk’s desk or from a spot close to the Speaker’s chair. A rule (often disregarded) forbids anyone to pass between the Speaker and the member speaking, a curious bit of adherence to English usage.
Divisions were originally (rule of 17th April 1789) taken by going to the right and left of the chair, according to the old practice of the English House of Commons.15 This having been found inconvenient, a resolution of 9th June 1789 established the present practice, whereby members rise in their seats and are counted in the first instance by the Speaker, but if he is in doubt, or if a count be required by one-fifth of those present (which cannot be less than one-tenth of the whole House), then by two tellers named by the Speaker, between whom, as they stand in the middle gangway, members pass. When a call of yeas and nays is so demanded, the clerk calls the full roll of the House and each member answers aye or no to his name or says “ no vote. ” When the whole roll has been called, it is called over a second time to let those vote who have not voted in the first call. Members may now change their votes. Those who have entered the House after their names were passed on the second call cannot vote, but often take the opportunity of rising to say that they would, if then present in the House, have voted for (or against) the motion. All this is set forth in the Congressional Record, which also contains a list of the members not voting and of the pairs.
A process which consumes so much time, for it may take more than an hour to call through the names, is an obvious and effective engine of obstruction. It is frequently so used, for it can be demanded not only on questions of substance, but on motions to adjourn. This is a rule which the House cannot alter, for it rests on an express provision of the Constitution, art. I, § 5.
No one may speak more than once to the same question, unless he be the mover of the motion pending, in which case he is permitted to reply after every member choosing to speak has spoken. This rule is however frequently broken.
Speeches are limited to one hour, subject to a power to extend this time by unanimous consent, and may, in Committee of the Whole House, be limited to five minutes. So far as I could learn, this hour rule works very well, and does not tend to bring speeches up to that length as a regular thing. A member is at liberty to give part of his time to other members, and this is in practice constantly done. The member speaking will say: “I yield the floor to the gentleman from Ohio for five minutes,” and so on. Thus a member who has once secured the floor has a large control of the debate.
The great remedy against prolix or obstructive debate is the so-called previous question, which is moved in the form, “Shall the main question be now put?” and when ordered closes forthwith all debate, and brings the House to a direct vote on that main question.16 On the motion for the putting of the main question no debate is allowed; but it does not destroy the right of the member “reporting the measure under consideration” from a committee, to wind up the discussion by his reply. This closure of the debate may be moved by any member without the need of leave from the Speaker, and requires only a bare majority of those present. When directed by the House to be applied in committee, for it cannot be moved after the House has gone into committee, it has the effect of securing five minutes to the mover of any amendment, and five minutes to the member who first “obtains the floor” (gets the chance of speaking) in opposition to it, permitting no one else to speak. A member in proposing a resolution or motion usually asks at the same time for the previous question upon it, so as to prevent it from being talked out.
Closure by previous question, first established in 1811, is in almost daily use, and is considered so essential to the progress of business that I never found any member or official who thought it could be dispensed with. Even the senators, who object to its introduction into their own much smaller chamber, agree that it must exist in a large body like the House. That it is not much abused is attributed to the fear of displeasing the people, and to the sentiment within the House itself in favour of full and fair discussion, which sometimes induces the majority to refuse the previous question when demanded by one of their own party, or on behalf of a motion which they are as a whole supporting. “No one,” I was assured, “who is bona fide discussing a subject in a sensible way would be stopped by the application of the previous question. On the other hand we should never get appropriation bills through without it.”
Notwithstanding this powerful engine for expediting business, obstruction, or, as it is called in America, filibustering, is by no means unknown. It is usually practised by making repeated motions for the adjournment of a debate, or for “taking a recess” (suspending the sitting), or for calling the yeas and nays. Between one such motion and another some business must intervene, but as the making of a speech is “business,” there is no difficulty in complying with this requirement. No speaking is permitted on these obstructive motions, yet by them time may be wasted for many continuous hours, and if the obstructing minority is a strong one, it generally succeeds, if not in defeating a measure, yet in extorting a compromise. It must be remembered that owing to the provision of the Constitution above mentioned, the House is in this matter not sovereign even over its own procedure. That rules are not adopted, as they might be, which would do more than the present system does to extinguish filibustering, is due partly to this provision, partly to the notion that it is prudent to leave some means open by which a minority can make itself disagreeable, and to the belief that adequate checks exist on any gross abuse of such means.17 These checks are two. One is the fact that filibustering will soon fail unless conducted by nearly the whole of the party which happens to be in a minority, and that so large a section of the House will not be at the trouble of joining in it unless upon some really serious question. Some few years ago, seventeen or eighteen members tried to obstruct systematically a measure they objected to, but their number proved insufficient, and the attempt failed. But at an earlier date, during the Reconstruction troubles which followed the war, the opposition of the solid Democratic party, then in a minority, succeeded in defeating a bill for placing five of the Southern states under military government. The other check is found in the fear of popular disapproval. If the nation sees public business stopped