IV

103D CONGRESS

1ST SESSION H. RES. 60

A resolution raising a question of the privileges of the House.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 3, 1993

Mr. SOLOMON submitted the following resolution; which was referred to the

Committee on Rules

RESOLUTION

A resolution raising a question of the privileges of the House.

Whereas article I, section 1, of the Constitution provides

that, ‘‘All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist

of a Senate and a House of Representatives;’’

Whereas article I, section 2, of the Constitution provides

that, ‘‘The House of Representatives shall be composed

of Members chosen every second year by the people of the

several States;’’

Whereas the Committee of the Whole is a device used by the

House under which all House Members act together to

debate and amend bills raising revenues or directly or indirectly appropriating money;

Whereas the Committee of the Whole is an integral part of

the legislative process and the means by which the House
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of Representatives exercises its legislative powers and

prerogatives under the Constitution;

Whereas on January 5, 1993, the House, in the resolution

adopting the Rules of the House for the One Hundred

Third Congress (H. Res. 5), included provisions authorizing the Resident Commissioner from Puerto Rico and the

delegates from the District of Columbia, Guam, American

Samoa, and the Virgin Islands to vote in and preside over

the Committee of the Whole;

Whereas attempts to refer the proposal to a select committee

to study its constitutionality and to separately vote on

such proposal were prevented by procedural votes, and

the House was thereby precluded from making a separate

determination as to whether such provisions are in conformance with constitutional requirements and Members’

sworn duty to uphold the Constitution;

Whereas such proposal affects the representational rights of

duly elected Members of the House under the Constitution and could result in a derogation or denial of such

rights;

Whereas such proposal affects the constitutional lawmaking

prerogatives of the House and its Members and the integrity of the process by which bills are considered, and thus

raises a question of the privileges of the House;

Whereas the House has just adopted a resolution making it

in order for the Speaker to declare the House resolved

into the Committee of the Whole House on the state of

the Union for the consideration of legislation, and this

represents the first instance in the One Hundred Third

Congress in which the House is resolving into the Committee of the Whole under the provisions of the new rule
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allowing non-Members of the House to vote in and Chair

the Committee of the Whole; and

Whereas the inability and failure of the House to make a separate determination as to the constitutionality of proposal

prior to this first use of the rule presents the House with

an ‘‘extraordinary question’’ under the Constitution requiring a separate determination and thus raises a question of the privileges of the House: Now, therefore, be it

1 Resolved, That, as a matter of the constitutional

2 privileges of the House to make all laws and to preserve

3 the integrity of its proceedings and the representational

4 rights of its Members, the implementation of those provi5 sions of House Rules as adopted on January 5, 1993, au6 thorizing the Resident Commissioner from Puerto Rico

7 and the Delegates from the District of Columbia, Amer8 ican Samoa, the Virgin Islands, and Guam to vote in and

9 preside over the Committee of the Whole, shall be delayed

10 until such time that the House has made a separate deter11 mination as to whether such provisions can and should

12 be implemented by a rule of the House, consistent with

13 article I, sections 1 and 2, of the Constitution.

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