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View Diary: Nancy Pelosi & House Dems Just Filed The Discharge Petition (215 comments)

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  •  Went and tipped and recced your diary nt (12+ / 0-)

    These jerks are motivating a whole lot of people who didn't pay much attention to politics to update their knowledge of civics.

    With 2 resignations, a quorum is only 217.

    http://clerk.house.gov/...

    A quorum in the House of Representatives is when a majority of the Members are present. When there are no vacancies in the membership, a quorum is 218. When one or more seats are vacant, because of deaths or resignations, the quorum is reduced accordingly. Because of Members' other duties, a quorum often is not present on the House floor. But any Member may insist that a quorum must participate in any vote that takes place in the House. If a Member makes a point of order that a quorum is not present, and the Speaker agrees, a series of bells ring on the House side of the Capitol and in the House office buildings to alert Members to come to the Chamber and record their presence.
    •  Thanks. As I mentioned there I've been trying to (4+ / 0-)
      Recommended by:
      LilithGardener, LSophia, elwior, JVolvo

      figure out if all  the GOP voted "present" and all the Dems voted "aye" could it pass with less than 217 since quorum is already established?

      Maybe by proclamation?

      The means is the ends in the process of becoming. - Mahatma Gandhi

      by HoundDog on Tue Dec 04, 2012 at 02:31:27 PM PST

      [ Parent ]

      •  Rule XX - Voting And Quorum Calls (3+ / 0-)
        Recommended by:
        LSophia, elwior, JVolvo

        http://www.rules.house.gov/...

        I'm trying to parse this.

      •  ''A Quorum To Do Business'' (5+ / 0-)
        Recommended by:
        HoundDog, LSophia, mamamedusa, elwior, JVolvo

        My understanding so far - is that a vote can occur without a quorum unless a member objects.  Than the House Speaker can call members to the house in order to obtain a quorum.  But members in the house count for a quorum even if they don't vote.

        What looks feasible is 217 signatures on the petition. 217 members in the chamber, (not necessarily the same 217) in order to hold a recorded vote.  

        Suppose the vote is 192 Y-25 N, all others "present", the bill would pass and the Republicans could still claim that it was a purely partisan bill.  But then they will have to explain to their constituents why they didn't support the bill.

        http://caselaw.lp.findlaw.com/...

        ''A Quorum To Do Business''

        For many years the view prevailed in the House of Representatives that it was necessary for a majority of the members to vote on any proposition submitted to the House in order to satisfy the constitutional requirement for a quorum. It was a common practice for the opposition to break a quorum by refusing to vote. This was changed in 1890, by a ruling made by Speaker Reed, and later embodied in Rule XV of the House, that members present in the chamber but not voting would be counted in determining the presence of a quorum. 352 The Supreme Court upheld this rule inUnited States v. Ballin, 353 saying that the capacity of the House to transact business is ''created by the mere presence of a majority,'' and that since the Constitution does not prescribe any method for determining the presence of such majority ''it is therefore within the competency of the House to prescribe any method which shall be reasonably certain to ascertain the fact.'' 354 The rules of the Senate provide for the ascertainment of a quorum only by a roll call, 355 but in a few cases it has held that if a quorum is present, a proposition can be determined by the vote of a lesser number of members. 356

      •  It's possible but not that simple (1+ / 0-)
        Recommended by:
        JVolvo

        I looked back at some prior votes: http://projects.washingtonpost.com/...

        Dietary Supplement and Nonprescription Drug Consumer Protection Act passed on Dec 9, 2006,
        with these votes 213 Y, 98 N, 132 Present

        Pool and Spa Safety Act failed on Dec 9, 2006,
        with these votes 191 Y, 108 N, 134 Present

        I don't know what the deciding factor is; why did the Dietary bill pass and the Pool bill fail?

        There's more to it than having a quorum present and a majority voting Yes.

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