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Standing Rules of the United States Senate, Rule XIX

January 01, 1970

Rule XIX of the Standing Rules of the United States Senate, established by the Senate Committee on Rules and Administration, governs the subject of debate on the Senate floor. The Rules, including Rule XIX, were last updated in 2013.[1]

Content edit

Section 1 of the rule establishes that in order to address the Senate, Senators must stand and be recognized by the Presiding Officer. After recognition, a Senator may not be interrupted by another Senator during debate, although another Senator may stand and address the Presiding Officer in order to speak. Senators also may not speak more than twice on one issue in a legislative day and must keep their debate relevant to the topic at hand. All of these items may be waived by vote of the full Senate.[2]

Sections 2 and 3 state that a Senator shall not impute to another Senator "by any form of words" any conduct or motive that is unworthy or unbecoming of a Senator and shall not speak offensively toward a U.S. state.[2]

Sections 4 and 5 outline what happens if a Senator is found in violation of this rule, including how a Senator can appeal a ruling against him or her.[2]

Sections 6 and 7 empower the Presiding Officer to maintain order in the chamber's galleries and disallows Senators from bringing to attention anything or anyone in the galleries. Section 7 cannot be suspended, even by unanimous consent of the Senate.[2]

Section 8 grants former Presidents the right to address the Senate after proper notice has been given to the Presiding Officer.[1][2]

Origin edit

See also: Benjamin Tillman § Wild man of the Senate

Rule XIX originated from a fistfight that occurred in the 57th United States Congress between South Carolina senators John McLaurin and Ben Tillman on February 22, 1902.[3] Tillman, the senior senator and former governor of South Carolina, had helped to foster McLaurin's career.[4] Although both senators were Democrats, McLaurin had shifted positions to support the Republican-led Congress and White House on the controversial annexation of the Philippines, enraging Tillman.[3][5] Tillman took the opportunity to lecture the absent McLaurin during a debate about the Philippines on the Senate floor on February 22, 1902, saying that McLaurin had succumbed to "improper influences" by changing his position on the treaty to support the Republican stance in return for political favors.[4][5] When McLaurin learned about the speech, he rushed to the Senate chambers and declared that Tillman was guilty of "a willful, malicious, and deliberate lie."[3][5][6]

Tillman responded by punching McLaurin in the jaw.[3] According to Senate history, "efforts to separate the two combatants resulted in misdirected punches landing on other members."[5] It was the first recorded physical altercation on the floor when the Senate was in session, since Senator Thomas Hart Benton (D-MO) was nearly shot by Henry S. Foote (D-MS) in 1850.[4] However, in 1856, Representative Preston Brooks (D-SC) severely beat Senator Charles Sumner (R-MA) on the Senate floor after a session had ended.[7]

After being separated, during a two-hour debate, both Tillman and McLaurin were declared in contempt of the Senate and not allowed to speak, but upon being asked by another Senator to permit them to speak, both apologized to their colleagues in such rancorous language that they nearly came to blows again.[4] The Senate censured Tillman and McLaurin on February 28, 1902 by a vote of 54 to 12 and later, on August 8, 1902, added what is now Sections 2 and 3 of Rule 19.[3][4][6]

Notable uses edit

Two Senate roll call votes were recorded on January 29, 1915 and April 21, 1952 in which a Senator had asked to be allowed to continue speaking after being reprimanded as outlined in Section 4 of Rule 19.[6] However, "senators tend to let things go" in response to personal attacks and the invocation of Rule 19 is rare in the Senate, noted Gregory Koger, a University of Miami political scientist.[6]

During a debate on June 25, 1979 regarding an amendment that would remove $13 million from the Economic Development Revolving Fund, which would in turn jeopardize a loan guarantee for a new mill for Wheeling-Pittsburgh Steel,[8] Senator Lowell Weicker (R-CT) said of Senator John Heinz (R-PA) "When a member substitutes innuendo for fact or the persuasion of logic, he is either an idiot or devious, and the senator from Pennsylvania qualifies in both ways."[9] Heinz responded by storming to the front of the Senate with a rule book to invoke Rule 19.[8][9] The presiding officer ordered Weicker to sit down and stop talking, halting debate on the amendment until Majority Leader Robert Byrd brokered a truce in which Weicker retracted his remarks and shook hands with Heinz.[5][8][9]

Sen. McConnell Invokes Rule XIX against Sen. Warren (video)

Senate Majority Leader Mitch McConnell (R-KY) invoked Rule XIX on February 7, 2017, against Senator Elizabeth Warren (D-MA) during a debate on the nomination of Senator Jeff Sessions (R-AL) to be Attorney General.[10] Specifically, Senator McConnell claimed that Senator Warren "impugned the motives and conduct of our colleague from Alabama [Senator Sessions]" by reading historical public statements opposing the 1986 nomination of then-U.S. Attorney Sessions for a federal judge position, written by Coretta Scott King and Senator Ted Kennedy.[11] After a party-line vote of the whole Senate, the Republicans ordered Warren to sit down and not take part in the rest of the debate.[11] The move attracted widespread attention, far more than Warren's original speech had been expected to, and popularized the phrase "Nevertheless, she persisted" as an expression adopted by the feminist movement.[12] A number of Warren's Senate Democratic colleagues repeated her remarks and quotations over the following day without formal objection from Republicans.[13]

References edit

  1. ^ a b "How Congress Works – Rules of the Senate – Debate" (PDF). Senate.gov. U.S. Government Printing Office. January 21, 2013. (PDF) from the original on March 6, 2017. Retrieved February 8, 2017.
  2. ^ a b c d e "How Congress Works — Rules of the Senate: Debate (XIX)". 113th Congress, 1st Session, Document 113-18. January 23, 2013. from the original on February 25, 2016. Retrieved February 23, 2017.
  3. ^ a b c d e "1878–1920: February 22, 1902; Senate Fistfight". United States Senate. 1944. from the original on February 9, 2017. Retrieved February 17, 2017.
  4. ^ a b c d e Butler, Anne M.; Wolff, Wendy (1995). "The Censure Case of John L. McLaurin and Benjamin R. Tillman of South Carolina (1902)". United States Senate. from the original on March 3, 2017. Retrieved February 17, 2017. Adapted from Anne M. Butler and Wendy Wolff. United States Senate Election, Expulsion, and Censure Cases, 1793–1990. S. Doc. pp. 269–71. Washington, GPO, 1995.
  5. ^ a b c d e Hawkins, Derek (February 8, 2017). "The silencing of Elizabeth Warren and an old Senate rule prompted by a fistfight". The Washington Post. from the original on February 16, 2017. Retrieved February 17, 2017.
  6. ^ a b c d Jacobson, Louis. "Did Elizabeth Warren break the rules? Plus 5 other questions about Rule 19". PolitiFact.com. from the original on February 11, 2017. Retrieved February 17, 2017.
  7. ^ Puleo, Stephen (2013). The Caning: The Assault That Drove America to Civil War. Yardley, PA: Westholme Publishing. ISBN 978-1-59416-187-2. from the original on January 10, 2020. Retrieved July 29, 2017 – via Google Books.
  8. ^ a b c "Amendment No. 270 (Purpose: To reduce the limitation on obligations for new loands and guarantees under the Economic Development Revolving Fund by $13,000,000)". Congressional Record. 125 (13): 16285–16297. June 25, 1979. Retrieved February 23, 2017.
  9. ^ a b c "Senate decorum disturbed by argument". Southern Illinoisan. AP. June 26, 1979. from the original on February 24, 2017. Retrieved February 23, 2017.(subscription required)
  10. ^ Flegenheimer, Matt (February 7, 2017). "Republican Senators Vote to Formally Silence Elizabeth Warren". The New York Times. from the original on February 8, 2017. Retrieved February 8, 2017.
  11. ^ a b Kane, Paul; O'Keefe, Ed (February 8, 2017). "Republicans vote to rebuke Elizabeth Warren, saying she impugned Sessions's character". The Washington Post. from the original on April 11, 2019. Retrieved February 8, 2017.
  12. ^ Wang, Amy (February 8, 2017). . Washington Post. Archived from the original on February 8, 2017. Retrieved March 22, 2017.
  13. ^ Bradner, Eric (February 8, 2017). "Silencing Elizabeth Warren backfires on Senate GOP". CNN. from the original on February 8, 2017. Retrieved February 8, 2017.

External links edit

  • Rules of The United States Senate

January 01, 1970
standing, rules, united, states, senate, rule, rule, standing, rules, united, states, senate, established, senate, committee, rules, administration, governs, subject, debate, senate, floor, rules, including, rule, were, last, updated, 2013, contents, content, . Rule XIX of the Standing Rules of the United States Senate established by the Senate Committee on Rules and Administration governs the subject of debate on the Senate floor The Rules including Rule XIX were last updated in 2013 1 Contents 1 Content 2 Origin 3 Notable uses 4 References 5 External linksContent editSection 1 of the rule establishes that in order to address the Senate Senators must stand and be recognized by the Presiding Officer After recognition a Senator may not be interrupted by another Senator during debate although another Senator may stand and address the Presiding Officer in order to speak Senators also may not speak more than twice on one issue in a legislative day and must keep their debate relevant to the topic at hand All of these items may be waived by vote of the full Senate 2 Sections 2 and 3 state that a Senator shall not impute to another Senator by any form of words any conduct or motive that is unworthy or unbecoming of a Senator and shall not speak offensively toward a U S state 2 Sections 4 and 5 outline what happens if a Senator is found in violation of this rule including how a Senator can appeal a ruling against him or her 2 Sections 6 and 7 empower the Presiding Officer to maintain order in the chamber s galleries and disallows Senators from bringing to attention anything or anyone in the galleries Section 7 cannot be suspended even by unanimous consent of the Senate 2 Section 8 grants former Presidents the right to address the Senate after proper notice has been given to the Presiding Officer 1 2 Origin editSee also Benjamin Tillman Wild man of the Senate Rule XIX originated from a fistfight that occurred in the 57th United States Congress between South Carolina senators John McLaurin and Ben Tillman on February 22 1902 3 Tillman the senior senator and former governor of South Carolina had helped to foster McLaurin s career 4 Although both senators were Democrats McLaurin had shifted positions to support the Republican led Congress and White House on the controversial annexation of the Philippines enraging Tillman 3 5 Tillman took the opportunity to lecture the absent McLaurin during a debate about the Philippines on the Senate floor on February 22 1902 saying that McLaurin had succumbed to improper influences by changing his position on the treaty to support the Republican stance in return for political favors 4 5 When McLaurin learned about the speech he rushed to the Senate chambers and declared that Tillman was guilty of a willful malicious and deliberate lie 3 5 6 Tillman responded by punching McLaurin in the jaw 3 According to Senate history efforts to separate the two combatants resulted in misdirected punches landing on other members 5 It was the first recorded physical altercation on the floor when the Senate was in session since Senator Thomas Hart Benton D MO was nearly shot by Henry S Foote D MS in 1850 4 However in 1856 Representative Preston Brooks D SC severely beat Senator Charles Sumner R MA on the Senate floor after a session had ended 7 After being separated during a two hour debate both Tillman and McLaurin were declared in contempt of the Senate and not allowed to speak but upon being asked by another Senator to permit them to speak both apologized to their colleagues in such rancorous language that they nearly came to blows again 4 The Senate censured Tillman and McLaurin on February 28 1902 by a vote of 54 to 12 and later on August 8 1902 added what is now Sections 2 and 3 of Rule 19 3 4 6 Notable uses editTwo Senate roll call votes were recorded on January 29 1915 and April 21 1952 in which a Senator had asked to be allowed to continue speaking after being reprimanded as outlined in Section 4 of Rule 19 6 However senators tend to let things go in response to personal attacks and the invocation of Rule 19 is rare in the Senate noted Gregory Koger a University of Miami political scientist 6 During a debate on June 25 1979 regarding an amendment that would remove 13 million from the Economic Development Revolving Fund which would in turn jeopardize a loan guarantee for a new mill for Wheeling Pittsburgh Steel 8 Senator Lowell Weicker R CT said of Senator John Heinz R PA When a member substitutes innuendo for fact or the persuasion of logic he is either an idiot or devious and the senator from Pennsylvania qualifies in both ways 9 Heinz responded by storming to the front of the Senate with a rule book to invoke Rule 19 8 9 The presiding officer ordered Weicker to sit down and stop talking halting debate on the amendment until Majority Leader Robert Byrd brokered a truce in which Weicker retracted his remarks and shook hands with Heinz 5 8 9 source source source source source Sen McConnell Invokes Rule XIX against Sen Warren video Senate Majority Leader Mitch McConnell R KY invoked Rule XIX on February 7 2017 against Senator Elizabeth Warren D MA during a debate on the nomination of Senator Jeff Sessions R AL to be Attorney General 10 Specifically Senator McConnell claimed that Senator Warren impugned the motives and conduct of our colleague from Alabama Senator Sessions by reading historical public statements opposing the 1986 nomination of then U S Attorney Sessions for a federal judge position written by Coretta Scott King and Senator Ted Kennedy 11 After a party line vote of the whole Senate the Republicans ordered Warren to sit down and not take part in the rest of the debate 11 The move attracted widespread attention far more than Warren s original speech had been expected to and popularized the phrase Nevertheless she persisted as an expression adopted by the feminist movement 12 A number of Warren s Senate Democratic colleagues repeated her remarks and quotations over the following day without formal objection from Republicans 13 References edit a b How Congress Works Rules of the Senate Debate PDF Senate gov U S Government Printing Office January 21 2013 Archived PDF from the original on March 6 2017 Retrieved February 8 2017 a b c d e How Congress Works Rules of the Senate Debate XIX 113th Congress 1st Session Document 113 18 January 23 2013 Archived from the original on February 25 2016 Retrieved February 23 2017 a b c d e 1878 1920 February 22 1902 Senate Fistfight United States Senate 1944 Archived from the original on February 9 2017 Retrieved February 17 2017 a b c d e Butler Anne M Wolff Wendy 1995 The Censure Case of John L McLaurin and Benjamin R Tillman of South Carolina 1902 United States Senate Archived from the original on March 3 2017 Retrieved February 17 2017 Adapted from Anne M Butler and Wendy Wolff United States Senate Election Expulsion and Censure Cases 1793 1990 S Doc pp 269 71 Washington GPO 1995 a b c d e Hawkins Derek February 8 2017 The silencing of Elizabeth Warren and an old Senate rule prompted by a fistfight The Washington Post Archived from the original on February 16 2017 Retrieved February 17 2017 a b c d Jacobson Louis Did Elizabeth Warren break the rules Plus 5 other questions about Rule 19 PolitiFact com Archived from the original on February 11 2017 Retrieved February 17 2017 Puleo Stephen 2013 The Caning The Assault That Drove America to Civil War Yardley PA Westholme Publishing ISBN 978 1 59416 187 2 Archived from the original on January 10 2020 Retrieved July 29 2017 via Google Books a b c Amendment No 270 Purpose To reduce the limitation on obligations for new loands and guarantees under the Economic Development Revolving Fund by 13 000 000 Congressional Record 125 13 16285 16297 June 25 1979 Retrieved February 23 2017 a b c Senate decorum disturbed by argument Southern Illinoisan AP June 26 1979 Archived from the original on February 24 2017 Retrieved February 23 2017 subscription required Flegenheimer Matt February 7 2017 Republican Senators Vote to Formally Silence Elizabeth Warren The New York Times Archived from the original on February 8 2017 Retrieved February 8 2017 a b Kane Paul O Keefe Ed February 8 2017 Republicans vote to rebuke Elizabeth Warren saying she impugned Sessions s character The Washington Post Archived from the original on April 11 2019 Retrieved February 8 2017 Wang Amy February 8 2017 Nevertheless she persisted becomes new battle cry after McConnell silences Elizabeth Warren Washington Post Archived from the original on February 8 2017 Retrieved March 22 2017 Bradner Eric February 8 2017 Silencing Elizabeth Warren backfires on Senate GOP CNN Archived from the original on February 8 2017 Retrieved February 8 2017 External links editRules of The United States Senate Retrieved from https en wikipedia org w index php title Standing Rules of the United States Senate Rule XIX amp oldid 1167799018, wikipedia, wiki, book, books, library,

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