In United States parliamentary procedure, a suspension of the rules allows a deliberative assembly to set aside its normal rules to do something that it could not do otherwise. However, there are rules that cannot be suspended.
Usually two-thirds (depends on the rule being suspended)
Rules are essential to the regularity of the proceedings. They protect the principles of parliamentary procedure—order, the right of individual members and of minorities to be heard, and the right of a majority to carry out its will. For these reasons, members have a right to insist on the observance of the rules. Yet, the assembly may dispense with certain rules.[1]
Depending on the type of rule being suspended, a motion to suspend the rules could be adopted with a two-thirds vote.[4] In many cases, suspension of the rules may take place with unanimous consent.[5] Typically, a member will make a request to consider particular business or take a special action not permitted by the rules. The chair will ask if there is any objection; if there is no objection, the rules are suspended.[5][6]
Rules that cannot be suspended
Rules which embody fundamental principles of parliamentary law or require a ballot vote and rules protecting absentees or a basic right of the individual cannot be suspended, even by unanimous vote.[3][7] Thus, the rules cannot be suspended to allow non-members to vote; to authorize absentee or cumulative voting; to waive the requirement of a quorum; or to waive the requirement for previous notice for a bylaws amendment.[3] Moreover, the rules cannot be suspended to take away a particular member's right to attend meetings, make motions, speak in debate, and vote; these can only be curtailed through disciplinary procedures.[8]
Bylaws cannot be suspended even by unanimous vote. But sometimes circumstances, expediency or strong assembly determination in behalf of a cause or proposition make violations necessary. In all such cases of violations, the action taken is illegal per se; but if no one objects at the time, or never challenges it at any time thereafter, a violation never challenged is never a violation.
It has been held that public bodies can adopt rules, even by majority vote, that cannot be suspended or amended without a two-thirds vote, but it is also held by the courts that actions, taken in violation of procedural rules of parliamentary law and of adopted rules, are valid nevertheless, since failure to conform to the rules of this class suspended them by implication.
The action is still illegal if it violates a mandatory constitutional provision, since a legislature cannot suspend the constitution.[11]
Gordian knot
One application of the motion to suspend the rules is called the "Gordian knot" motion.[12] If confusion has caused the assembly to get so tangled up in a parliamentary snarl that neither the chairman nor the members can unravel it, a member can move to suspend the rules to start fresh. The use of the "Gordian knot" motion is illustrated in The Standard Code with this example: "Madam President, in view of the confusion about the parliamentary situation, I believe it would be best if we were to cancel out everything that has been done on this motion and start over from the beginning, permitting the motion to be resubmitted in whatever form the maker wishes. I move that the rules be suspended to permit this."[12] The "Gordian knot" version of suspension of the rules was introduced by Floyd Riddick, Parliamentarian Emeritus of the United States Senate, at a meeting of the board of directors of the American Institute of Parliamentarians.[13]
Robert's Rules of Order Newly Revised does not have such a motion. However, the same effect could be done by having the maker of a main motion request to withdraw it. If the assembly approves this request, all adhering motions to the main motion cease to be before the assembly as well.[14]
In the House of Representatives of the US Congress, motions to suspend the rules are in order on Mondays, Tuesdays, Wednesdays, and during the last six days of a session.[15] The Committee on Rules normally releases a list of bills and resolutions to be suspended for the week as were requested by the various committee chairmen. The motion is made on the House floor, which is debatable for 20 minutes each by the proponent and an opponent of the measure. Two-thirds of the Members present and voting must vote in the affirmative for the rules to be suspended and pass, adopt, or agree to the measure. Most measures that are passed in this manner are noncontroversial and are often bipartisan.
^"HOUSE PRACTICE" (PDF). www.gpo.gov. U.S. House of Representatives. 2011. p. 884. Retrieved 2016-02-16.
^"SUSPENSION AND AMENDMENT OF THE RULES - Rules of the Senate - United States Senate Committee on Rules and Administration". www.rules.senate.gov. Retrieved 2016-02-19.
August 22, 2023
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The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject You may improve this article discuss the issue on the talk page or create a new article as appropriate May 2019 Learn how and when to remove this template message In United States parliamentary procedure a suspension of the rules allows a deliberative assembly to set aside its normal rules to do something that it could not do otherwise However there are rules that cannot be suspended Contents 1 Explanation of use 2 Rules that cannot be suspended 3 Gordian knot 4 US Congress 5 See also 6 ReferencesExplanation of use EditSuspend the rules RONR ClassIncidental motionIn order when another has the floor NoRequires second YesDebatable NoMay be reconsidered NoAmendable NoVote requiredUsually two thirds depends on the rule being suspended Rules are essential to the regularity of the proceedings They protect the principles of parliamentary procedure order the right of individual members and of minorities to be heard and the right of a majority to carry out its will For these reasons members have a right to insist on the observance of the rules Yet the assembly may dispense with certain rules 1 Special rules of order rules contained in the parliamentary authority the standing rules of the assembly and rules of order contained in the bylaws or constitution may be suspended 2 In addition the bylaws may provide for a specific rule to be suspended 3 Depending on the type of rule being suspended a motion to suspend the rules could be adopted with a two thirds vote 4 In many cases suspension of the rules may take place with unanimous consent 5 Typically a member will make a request to consider particular business or take a special action not permitted by the rules The chair will ask if there is any objection if there is no objection the rules are suspended 5 6 Rules that cannot be suspended EditRules which embody fundamental principles of parliamentary law or require a ballot vote and rules protecting absentees or a basic right of the individual cannot be suspended even by unanimous vote 3 7 Thus the rules cannot be suspended to allow non members to vote to authorize absentee or cumulative voting to waive the requirement of a quorum or to waive the requirement for previous notice for a bylaws amendment 3 Moreover the rules cannot be suspended to take away a particular member s right to attend meetings make motions speak in debate and vote these can only be curtailed through disciplinary procedures 8 Three of the major parliamentary authorities Robert s Rules of Order Newly Revised The Standard Code of Parliamentary Procedure and Demeter s Manual all agree that provisions in the bylaws that do not relate to parliamentary procedure may not be suspended 3 7 Demeter notes how this plays into the reality of parliamentary situations 9 Bylaws cannot be suspended even by unanimous vote But sometimes circumstances expediency or strong assembly determination in behalf of a cause or proposition make violations necessary In all such cases of violations the action taken is illegal per se but if no one objects at the time or never challenges it at any time thereafter a violation never challenged is never a violation Similarly Mason states 10 It has been held that public bodies can adopt rules even by majority vote that cannot be suspended or amended without a two thirds vote but it is also held by the courts that actions taken in violation of procedural rules of parliamentary law and of adopted rules are valid nevertheless since failure to conform to the rules of this class suspended them by implication The action is still illegal if it violates a mandatory constitutional provision since a legislature cannot suspend the constitution 11 Gordian knot EditOne application of the motion to suspend the rules is called the Gordian knot motion 12 If confusion has caused the assembly to get so tangled up in a parliamentary snarl that neither the chairman nor the members can unravel it a member can move to suspend the rules to start fresh The use of the Gordian knot motion is illustrated in The Standard Code with this example Madam President in view of the confusion about the parliamentary situation I believe it would be best if we were to cancel out everything that has been done on this motion and start over from the beginning permitting the motion to be resubmitted in whatever form the maker wishes I move that the rules be suspended to permit this 12 The Gordian knot version of suspension of the rules was introduced by Floyd Riddick Parliamentarian Emeritus of the United States Senate at a meeting of the board of directors of the American Institute of Parliamentarians 13 Robert s Rules of Order Newly Revised does not have such a motion However the same effect could be done by having the maker of a main motion request to withdraw it If the assembly approves this request all adhering motions to the main motion cease to be before the assembly as well 14 US Congress EditMain article Suspension of the rules in the United States CongressIn the House of Representatives of the US Congress motions to suspend the rules are in order on Mondays Tuesdays Wednesdays and during the last six days of a session 15 The Committee on Rules normally releases a list of bills and resolutions to be suspended for the week as were requested by the various committee chairmen The motion is made on the House floor which is debatable for 20 minutes each by the proponent and an opponent of the measure Two thirds of the Members present and voting must vote in the affirmative for the rules to be suspended and pass adopt or agree to the measure Most measures that are passed in this manner are noncontroversial and are often bipartisan In the United States Senate the motion to suspend the rules is allowed only with notice or by unanimous consent 16 See also EditNuclear optionReferences Edit Robert Henry M et al 2011 Robert s Rules of Order Newly Revised 11th ed Philadelphia PA Da Capo Press p 260 ISBN 978 0 306 82020 5 Robert 2011 p 261 a b c d Robert 2011 p 263 Robert 2011 p 265 a b Robert 2011 p 266 National Conference of State Legislatures 2000 Mason s Manual of Legislative Procedure 2000 ed p 215 Mason a b Sturgis Alice 2001 The Standard Code of Parliamentary Procedure 4th ed p 85 TSC Robert 2011 p 264 Demeter George 1969 Demeter s Manual of Parliamentary Law and Procedure Blue Book p 133 Mason p 213 Mason pp 212 215 a b TSC p 86 Farwell Herman W 2004 Point of Opinion West Conshohocken Pennsylvania Infinity p 27 ISBN 9780741423351 Robert 2011 p 297 HOUSE PRACTICE PDF www gpo gov U S House of Representatives 2011 p 884 Retrieved 2016 02 16 SUSPENSION AND AMENDMENT OF THE RULES Rules of the Senate United States Senate Committee on Rules and Administration www rules senate gov Retrieved 2016 02 19 Retrieved from https en wikipedia org w index php title Suspension of the rules amp oldid 1144516239, wikipedia, wiki, book, books, library,
