fbpx
Wikipedia

Self-executing rule

January 01, 1970

The self-executing rule, also known as "deem and pass" is a resolution that a bill be deemed to have pass (or, more commonly, a resolution that a bill be deemed to have passed with a certain amendment); if the resolution passes, the bill is automatically deemed to have passed with the amendment set forth in the resolution itself. This procedural measure has been used used by the United States Congress to approve a legislative rule that contains such a provision, the House of Representatives then deems a second piece of legislation as approved without requiring a separate vote, as long as it is specified in the rule. That is, if the vote on the rule passes, then the second piece of legislation is passed as part of the rule vote.

When considering a bill for debate, the House must first adopt a "special rule" for the debate as proposed by the House Rules Committee. The special rule is a resolution which specifies which issues or bills are to be considered by the House, how much time allotted for debate on such matters, and which proposed amendments will be allowed to be voted on. If the House votes to approve a rule that contains a self-executing provision, it simultaneously agrees to dispose of the separate matter as specified by the rule. For example, modifications or amendments can be approved while the underlying bill is also approved at the same time.[1]

The procedure is often used to streamline the legislative process, although some legal scholars question whether the process is constitutional.[2][3]

Uses edit

The first use of the self-executing rule, then known as a "deeming resolution," was in 1933.[2][4]

From the 95th to the 98th Congresses (1977–1984) the self-executing rule was used eight times; it was then used 20 times under House Speaker Tip O’Neill (D) in the 99th Congress, and 18 times under Speaker Jim Wright (D) in the 100th. Under Speaker Newt Gingrich (R) there were 38 self-executing rules in the 104th Congress and 52 in the 105th (1995–1998). Under Speaker Dennis Hastert (R) there were 40 self-executing rules in the 106th Congress, 42 in the 107th and 30 in the 108th (1999–2007).[5]

In March 2010, the procedure was one option considered, but then rejected, by Speaker Nancy Pelosi (D) and congressional Democrats to pass the Reconciliation Act of 2010 (H.R. 4872) and the Patient Protection and Affordable Care Act (H.R. 3590), as part of President Obama's health care reform initiative.[6][7][8]

Legal arguments edit

Some analysts have questioned the constitutionality of the self-executing rule.[2] Some lawyers and public advocacy groups cite the 1998 Supreme Court case Clinton v. City of New York relating to the line item veto,[9] and the 1983 case Immigration and Naturalization Service v. Chadha 462 U.S. 919 (1983) relating to the legislative veto to support these claims.[3][10] Others point to a 2006 case before the United States District Court for the District of Columbia regarding the Deficit Reduction Act, which, in part, ruled in favor of the self-executing provision.[2][11] That ruling was upheld on appeal in 2007, but was never argued before the Supreme Court.[12]

See also edit

References edit

  1. ^ Oleszek, Walter J. (December 21, 2006). ""Self-Executing" Rules Reported by the House Rules Committee" (PDF). Congressional Research Service. Retrieved March 16, 2010.
  2. ^ a b c d Linkins, Jason (2010-03-16). "Health Care Opponents Demonize 'Deem And Pass' As The Media Gets It Wrong". HuffingtonPost.com. Retrieved 2010-03-16.
  3. ^ a b Barbash, Fred (2010-03-16). "'Slaughter Solution' could face legal challenge". Politico.com. Retrieved 17 March 2010.
  4. ^ Grim, Ryan (2010-05-16). "House Has Long History Of Political Cowardice, Prolific Use Of 'Deeming Resolutions'". HuffPost. Retrieved 2021-07-14.
  5. ^ Wolfensberger, Don (2006-06-19). "House Executes Deliberation With Special Rules". Roll Call. Retrieved 16 March 2010.
  6. ^ Montgomery, Lori; Paul Kane (March 16, 2010). "House may try to pass Senate health-care bill without voting on it". washingtonpost.com. Retrieved March 16, 2010.
  7. ^ "A dizzying array of options to pass health care". Live Pulse Blog. Politico.com. March 9, 2010. Retrieved March 16, 2010.
  8. ^ Montgomery, Lori (2010-03-20). "House leaders plan separate health vote, rejecting 'deem and pass'". Washington Post. Retrieved 21 March 2010.
  9. ^ Clinton v. City of New York, 524 U.S. 417 (USS 1998).
  10. ^ Immigration and Naturalization Service v. Chadha, 462 U.S. 919 (USS 1983).
  11. ^ Public Citizen v. Clerk, United States District Court for the District of Columbia, 451 F.Supp.2d 109 (DDC 2006).
  12. ^ Public Citizen v. Clerk, United States District Court for the District of Columbia, 486 F.3d 1342 (CADC 2007).

Further reading edit

  • Oleszek, Walter J. (December 21, 2006). ""Self-Executing" Rules Reported by the House Rules Committee" (PDF). Congressional Research Service.

External links edit

  • Glossary "Self Executing Rule"

January 01, 1970
self, executing, rule, self, executing, rule, also, known, deem, pass, resolution, that, bill, deemed, have, pass, more, commonly, resolution, that, bill, deemed, have, passed, with, certain, amendment, resolution, passes, bill, automatically, deemed, have, pa. The self executing rule also known as deem and pass is a resolution that a bill be deemed to have pass or more commonly a resolution that a bill be deemed to have passed with a certain amendment if the resolution passes the bill is automatically deemed to have passed with the amendment set forth in the resolution itself This procedural measure has been used used by the United States Congress to approve a legislative rule that contains such a provision the House of Representatives then deems a second piece of legislation as approved without requiring a separate vote as long as it is specified in the rule That is if the vote on the rule passes then the second piece of legislation is passed as part of the rule vote When considering a bill for debate the House must first adopt a special rule for the debate as proposed by the House Rules Committee The special rule is a resolution which specifies which issues or bills are to be considered by the House how much time allotted for debate on such matters and which proposed amendments will be allowed to be voted on If the House votes to approve a rule that contains a self executing provision it simultaneously agrees to dispose of the separate matter as specified by the rule For example modifications or amendments can be approved while the underlying bill is also approved at the same time 1 The procedure is often used to streamline the legislative process although some legal scholars question whether the process is constitutional 2 3 Contents 1 Uses 2 Legal arguments 3 See also 4 References 5 Further reading 6 External linksUses editThe first use of the self executing rule then known as a deeming resolution was in 1933 2 4 From the 95th to the 98th Congresses 1977 1984 the self executing rule was used eight times it was then used 20 times under House Speaker Tip O Neill D in the 99th Congress and 18 times under Speaker Jim Wright D in the 100th Under Speaker Newt Gingrich R there were 38 self executing rules in the 104th Congress and 52 in the 105th 1995 1998 Under Speaker Dennis Hastert R there were 40 self executing rules in the 106th Congress 42 in the 107th and 30 in the 108th 1999 2007 5 In March 2010 the procedure was one option considered but then rejected by Speaker Nancy Pelosi D and congressional Democrats to pass the Reconciliation Act of 2010 H R 4872 and the Patient Protection and Affordable Care Act H R 3590 as part of President Obama s health care reform initiative 6 7 8 Legal arguments editSome analysts have questioned the constitutionality of the self executing rule 2 Some lawyers and public advocacy groups cite the 1998 Supreme Court case Clinton v City of New York relating to the line item veto 9 and the 1983 case Immigration and Naturalization Service v Chadha 462 U S 919 1983 relating to the legislative veto to support these claims 3 10 Others point to a 2006 case before the United States District Court for the District of Columbia regarding the Deficit Reduction Act which in part ruled in favor of the self executing provision 2 11 That ruling was upheld on appeal in 2007 but was never argued before the Supreme Court 12 See also editStanding Rules of the United States House of Representatives Suspension of the rules in the United States CongressReferences edit Oleszek Walter J December 21 2006 Self Executing Rules Reported by the House Rules Committee PDF Congressional Research Service Retrieved March 16 2010 a b c d Linkins Jason 2010 03 16 Health Care Opponents Demonize Deem And Pass As The Media Gets It Wrong HuffingtonPost com Retrieved 2010 03 16 a b Barbash Fred 2010 03 16 Slaughter Solution could face legal challenge Politico com Retrieved 17 March 2010 Grim Ryan 2010 05 16 House Has Long History Of Political Cowardice Prolific Use Of Deeming Resolutions HuffPost Retrieved 2021 07 14 Wolfensberger Don 2006 06 19 House Executes Deliberation With Special Rules Roll Call Retrieved 16 March 2010 Montgomery Lori Paul Kane March 16 2010 House may try to pass Senate health care bill without voting on it washingtonpost com Retrieved March 16 2010 A dizzying array of options to pass health care Live Pulse Blog Politico com March 9 2010 Retrieved March 16 2010 Montgomery Lori 2010 03 20 House leaders plan separate health vote rejecting deem and pass Washington Post Retrieved 21 March 2010 Clinton v City of New York 524 U S 417 USS 1998 Immigration and Naturalization Service v Chadha 462 U S 919 USS 1983 Public Citizen v Clerk United States District Court for the District of Columbia 451 F Supp 2d 109 DDC 2006 Public Citizen v Clerk United States District Court for the District of Columbia 486 F 3d 1342 CADC 2007 Further reading editOleszek Walter J December 21 2006 Self Executing Rules Reported by the House Rules Committee PDF Congressional Research Service External links editGlossary Self Executing Rule Retrieved from https en wikipedia org w index php title Self executing rule amp oldid 1214961709, wikipedia, wiki, book, books, library,

article

, read, download, free, free download, mp3, video, mp4, 3gp, jpg, jpeg, gif, png, picture, music, song, movie, book, game, games.