Order Code 98-307
Updated November 26, 2008
Points of Order, Rulings, and Appeals
in the
House of Representatives
Valerie Heitshusen
Analyst on the Congress and the Legislative Process
Government and Finance Division
TheNovember 10, 2010
Congressional Research Service
7-5700
www.crs.gov
98-307
CRS Report for Congress
Prepared for Members and Committees of Congress
Points of Order, Rulings, and Appeals in the House of Representatives
T
he Speaker usually does not take the initiative to prevent the House from
considering considering
proposals or taking actions that would violate the House’s rules.1 Instead,
whenever a
Member believes that the House’s legislative procedures are being violated
in some way,
or are about to be violated, that Member may insist that the House’s
procedures be enforced by
making a point of order against the alleged violation.2 See
[http://www.crs.gov/products/guides/guidehome.shtml] for more information on
legislative process.3
Points of Order. Points of order against measures or
amendments may be waived in the House by unanimous consent, pursuant to a special rule
reported from the Rules Committee and adopted by majority vote on the floor, or via suspension
of the rules. 2
Points of Order
A Member who wishes to make a point of order must do so at
the appropriate time. For example,
in most circumstances, a point of order may be made against an amendment
only after it has been
read (or designated, if it does not need to be read) but before debate
on the amendment has
begun.43 Once a Member begins to explain an amendment that he
or she has offered, it is too late
to make a point of order against the amendment.
Sometimes a Member will reserve a point of order, usually against an amendment,
which also
allows other Members to later insist on the point of order; the Member need
not state the reason
for reserving the point of order.4 Reserving a point of order defers
action on the point of order until after there has been some debate on the amendment. A
1
What is said here about the Speaker applies equally to any Member presiding over the House
as Speaker pro tempore and to any Member presiding as chairman of the Committee of the
Whole. The right to make points of order described herein for Members also equally applies to
Delegates and the Resident Commissioner.
2
Points of order against measures may be waived in the House by unanimous consent, a special
rule reported from the Rules Committee, or via suspension of the rules. See House Practice: A
Guide to the Rules, Precedents and Procedures of the House, by Wm. Holmes Brown and
Charles W. Johnson (Washington: GPO, 2003), p. 670.
3
This report was written by Stanley Bach, formerly a Senior Specialist in the Legislative Process
at CRS. The listed author has updated this report in the 110th Congress and is available to
respond to inquiries on the subject.
4
For additional information on appropriate timing for raising points of order in specific
circumstances (e.g., to enforce rules against appropriations on authorizing measures), see House
Practice, p. 49.
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until after there has been some debate on the amendment. A Member may reserve a point of order
because he or she is not yet sure if a point of order
lies against the amendment, or because the
Member wishes to give the sponsor of the
amendment an opportunity to explain it before the
chair rules on the point of order. On
the demand for the “regular order,” however, the Member
must either make his or her
point of order at that time or lose the opportunity to do so.
If a Member does make a point of order at the appropriate time, the Speaker gives
that Member
an opportunity to explain precisely what rule or precedent is being violated,
and why. The
Member whose action is in question then may respond to the point of
order. The Speaker may
allow other Members to speak on the point of order; if the bill
manager concedes the point of
order, the Speaker need not entertain debate before ruling.5
All debate on a point of order is at the
discretion of the chair, and is only for the purpose
of advising the chair on the procedural issue
that the point of order raises.
Rulings. It is the responsibility of the Speaker to rule on each point of order that
is made. The Speaker’s rulings are based on information and advice provided by the
House parliamentarian, and reflect the House’s voluminous published precedents that
document how Speakers ruled on similar questions in the past.6 In turn, each new ruling
by the Speaker becomes a precedent on which he and his successors may rely in the
future. The Speaker is not required to explain the reasons for his rulings, but he often
does so whenever the procedural question at issue is complex, difficult, or controversial.
If the Speaker sustains a point of order on consideration of a measure, it is recommitted
to either its previous place on the relevant calendar, or to the reporting committee. If a
point of order is raised and sustained against specific language in a measure, the language
is struck; sustained points of order against a portion of an amendment may invalidate the
entire amendment.7
Appeals. In most cases, any Member who disagrees with the Speaker’s ruling can
challenge it and ask Members to decide by majority vote whether the House will agree to
be bound by that ruling. Clause 5 of House Rule I states in part that the Speaker shall
“decide all questions of order, subject to appeal by a Member, Delegate, or Resident
Commissioner.” Anyone wishing to invoke this right simply stands and announces,
before any other business has taken place, that he or she appeals the ruling of the Chair.
Most appeals are debatable under Rule I, but it is unusual for there to be much debate
on an appeal.8 Debate is under the 1-hour rule in the House and under the 5-minute rule
in the Committee of the Whole. However, the House can end the debate on an appeal by
voting to order the previous question (or by voting to close debate, if in Committee of the
Whole). Alternately, a motion to table an appeal is in order in the House, but not in
5
House Practice, p. 669.
6
In addition, rulings on certain budget points of order require examination of estimates supplied
by the House Budget Committee, which monitors the compliance of measure with the
Congressional Budget Act of 1974 (P.L. 93-344). For more information on budget points of
order, see CRS Report 98-876, Congressional Budget Act Points of Order, by Bill Heniff Jr.
7
8
House Practice, p. 663.
Quite often, a motion to table the appeal is offered; the ruling is sustained if the tabling motion
is adopted. House Practice, p. 68.
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Committee of the Whole. The Speaker puts the appeal to a vote by phrasing the question
in the following way: “The question is, shall the decision of the Chair stand as the
judgment of the House [or the Committee]?” Those supporting the ruling vote “aye”;
those opposing it vote “nay.”
In the House of Representatives, appeals from rulings of the chair are quite
infrequent. In the 110th Congress, approximately two dozen appeals have been taken from
rulings of the chair on points of order, and none have been overturned.9 In fact, none have
been overturned in a half century. At least two reasons account for the failure of the
House to overturn a ruling. First, the Speaker’s rulings are based on the parliamentarian’s
advice which, in turn, is based on prior rulings on similar questions. Generally, the
correctness of rulings is not in doubt. Second, most members of the majority party can
be expected to support a ruling made by that party’s elected leader or another Member
whom he or she has designated to preside.
Points of order are to be distinguished from parliamentary inquiries. Parliamentary
inquiries are questions that Members pose to the Speaker about the current parliamentary
situation. The Speaker’s replies to these inquiries are explanatory; they are not rulings,
so they are not subject to appeal.10 Further, some decisions of the chair are not subject to
appeal. For example, no Member can challenge the way in which the Speaker exercises
his discretionary power of recognition, nor can a Member appeal the Speaker’s ruling that
a proposed motion is not in order because it is dilatory.11
For additional information, see House Practice: A Guide to the Rules, Precedents
and Procedures of the House, by Wm. Holmes Brown and Charles W. Johnson
(Washington: GPO, 2003), pp. 48-50 (“Amendments”), pp. 65-69 (“Appeals”), pp. 661674 (“Points of Order; Parliamentary Inquiries”), and pp. 823-827 (“Rules and Precedents
of the House”). It is also available electronically at [http://www.gpoaccess.gov/
hpractice/browse_108.html].
9
Virtually all of these appeals were disposed of unfavorably when the House agreed to a motion
to table. The remaining few — made in Committee of the Whole, and therefore not subject to
a motion to table — were decided directly by the House in a vote to sustain the chair’s ruling.
(This evaluation of appeals is based on an examination of the Daily Digest and Congressional
Record through November 20, 2008.)
10
House Practice, p. 66.
11
See House Practice, pp. 66-67, for other examples of chair decisions not subject to appeal.
1
What is said here about the Speaker applies equally to any Member presiding over the House as Speaker pro tempore
and to any Member presiding as chairman of the Committee of the Whole. The right to make points of order described
herein for Members also equally applies to Delegates and the Resident Commissioner.
2
See House Practice: A Guide to the Rules, Precedents and Procedures of the House, by Wm. Holmes Brown and
Charles W. Johnson (Washington: GPO, 2003), pp. 670-671.
3
House Rule XXI provides some circumstances under which a point of order may be raised against certain
amendments (e.g., amendments carrying appropriations) at any time during pendency of the measure for amendment
(provided that points of order against amendments have not been waived, for example, pursuant to a special rule). For
additional information on appropriate timing for raising certain points of order on these types of amendments, see
House Practice, pp. 49-50.
4
Pursuant to House Rule XXI, clause 1, all points of order against provisions in a general appropriations measure are
considered as reserved.
5
House Practice, p. 669.
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Points of Order, Rulings, and Appeals in the House of Representatives
Rulings
It is the responsibility of the Speaker to rule on each point of order that is made. The Speaker’s
rulings are based on information and advice provided by the House parliamentarian, and reflect
the House’s voluminous published precedents that document how Speakers ruled on similar
questions in the past.6 In turn, each new ruling by the Speaker becomes a precedent on which he
and his successors may rely in the future. The Speaker is not required to explain the reasons for
his rulings, but he often does so whenever the procedural question at issue is complex, difficult,
or controversial. If the Speaker sustains a point of order on consideration of a measure, it is
recommitted to either its previous place on the relevant calendar, or to the reporting committee. If
a point of order is raised and sustained against specific language in a measure, the language is
struck; sustained points of order against a portion of an amendment may invalidate the entire
amendment.7
Appeals
In most cases, any Member who disagrees with the Speaker’s ruling can challenge it and ask
Members to decide by majority vote whether the House will agree to be bound by that ruling.
Clause 5 of House Rule I states in part that the Speaker shall “decide all questions of order,
subject to appeal by a Member, Delegate, or Resident Commissioner.” Anyone wishing to invoke
this right simply stands and announces, before any other business has taken place, that he or she
appeals the ruling of the Chair.
Most appeals are debatable under Rule I, but it is unusual for there to be much debate on an
appeal.8 Debate is under the 1-hour rule in the House and under the 5-minute rule in the
Committee of the Whole. However, the House can end the debate on an appeal by voting to order
the previous question (or by voting to close debate, if in Committee of the Whole). Alternately, a
motion to table an appeal is in order in the House, but not in Committee of the Whole. The
Speaker puts the appeal to a vote by phrasing the question in the following way: “The question is,
shall the decision of the Chair stand as the judgment of the House [or the Committee]?” Those
supporting the ruling vote “aye”; those opposing it vote “nay.”
In the House of Representatives, appeals from rulings of the chair are quite infrequent. In the
110th Congress, approximately two dozen appeals were taken from rulings of the chair on points
of order, and none were overturned.9 In fact, none have been overturned in a half century. At least
two reasons account for the failure of the House to overturn a ruling. First, the Speaker’s rulings
6
In addition, rulings on certain budget points of order require examination of estimates supplied by the House Budget
Committee, which monitors the compliance of measure with the Congressional Budget Act of 1974 (P.L. 93-344). For
more information on budget points of order, see CRS Report 98-876, Congressional Budget Act Points of Order, by
Bill Heniff Jr.
7
House Practice, p. 663.
8
Quite often, a motion to table the appeal is offered; the ruling is sustained if the tabling motion is adopted. House
Practice, p. 68.
9
Virtually all of these appeals were disposed of unfavorably when the House agreed to a motion to table. The others—
made in Committee of the Whole, and therefore not subject to a motion to table—were decided directly by the House in
a vote to sustain the chair’s ruling. (This evaluation of appeals is based on an examination of the Daily Digest and
Congressional Record for the entire 110th Congress.)
Congressional Research Service
2
Points of Order, Rulings, and Appeals in the House of Representatives
are based on the parliamentarian’s advice which, in turn, is based on prior rulings on similar
questions. Generally, the correctness of rulings is not in doubt. Second, most members of the
majority party can be expected to support a ruling made by that party’s elected leader or another
Member whom he or she has designated to preside.
Points of order are to be distinguished from parliamentary inquiries. Parliamentary inquiries are
questions that Members pose to the Speaker about the current parliamentary situation. The
Speaker’s replies to these inquiries are explanatory; they are not rulings, so they are not subject to
appeal.10 Further, some decisions of the chair are not subject to appeal. For example, no Member
can challenge the way in which the Speaker exercises his discretionary power of recognition, nor
can a Member appeal the Speaker’s ruling that a proposed motion is not in order because it is
dilatory.11
For additional information, see House Practice: A Guide to the Rules, Precedents and Procedures
of the House, by Wm. Holmes Brown and Charles W. Johnson (Washington: GPO, 2003), pp. 4850 (“Amendments”), pp. 65-69 (“Appeals”), pp. 661-674 (“Points of Order; Parliamentary
Inquiries”), and pp. 823-827 (“Rules and Precedents of the House”). It is also available
electronically at http://www.gpoaccess.gov/hpractice/browse_108.html.
Author Contact Information
Valerie Heitshusen
Analyst on Congress and the Legislative Process
vheitshusen@crs.loc.gov, 7-8635
Acknowledgments
The original version of this report was written by Stanley Bach, formerly a Senior Specialist in the
Legislative Process at CRS. The listed author has revised and updated this report and is available to
respond to inquiries on the subject.
10
11
House Practice, p. 66.
See House Practice, pp. 66-67, for other examples of chair decisions not subject to appeal.
Congressional Research Service
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