PSCI 106:

PARLIAMENTARY
PROCEDURE
(Reference: Robert’s Rules of Order, Newly Revised 10 th Edition)
Introduction
◦ Parliamentary Law – originally was the name given to the rules
and customs for carrying on business in the English Parliament
that were developed through a continuing process of decisions
and precedents somewhat like the growth of the common law.
◦ The kind of gathering in which parliamentary law is applicable is
known as deliberative assembly – the expression used by
Edmund Burke (1774) to describe the English Parliament; became
the basic term for a body of persons meeting to discuss and
determine upon common action.
Early Origin of the English Parliament
A. Germanic Anglo-Saxon tribe:
1. Village-moot – freemen who made “bye-laws” for their village
and to administer justice
2. Hundred-moot – district level, which acted as the court of
appeal and arbitrated intervillage disputes
3. Folk-moot – higher in authority and citizen army of the tribe
B. Anglo-Saxon England:
1. Folk-moot became “Shire-moot” was later on called the
“Shire-Court” – instrument of local government subject to crown
supervision, under a king advised by the national assembly, known as the
“witan” or “witenagemot”
The Evolution of “Parliament”
1. “witan”/”witenagemot” – freemen who held land; major land holders,
eldermen, king’s officers, bishops, abbot; influence in the choice of a
new king
2. “Great Council” – assembled by Norman kings composed of court
officials, barons, prelates; converted into Parliament
3. Parliament (1258) to discuss the “state of the realm”; “parliament” – to
describe any important meeting held for the purpose of discussion.
◦ - Commons - representatives of the communities, i.e, shires (knights)
and of boroughs (burgesses), approval for measures of taxation
◦ 1340 – completion of the separation of Parliament into two branches:
House of Commons and House of Lords
Development of Procedure in Parliament:
Present day principles and rules
◦ One subject at a time
◦ Alternation between opposite points of view in assignment of the
floor
◦ Requirement that the chair always call for the negative vote
◦ Decorum and avoidance of personalities in debate
◦ Confinement of debate to the merits of the pending question.
◦ Division of a question
Parliamentary Process brought to
America
◦ The colonists transplanted the rules and customs of Parliament. A.
Establishment of English colonies: Virginia in 1607
◦ B. First Continental Congress: Philadelphia 1774 – the grounding and
experience of the members in parliamentary methods
◦ C. Second Continental Congress - which 1) carried on the war; 2)
adopted the Declaration of Independence; 3) drafted state
constitutions which provided the material from which the US
Constitution was produced at the Constitutional Convention in 1787; 4)
use of parliamentary rules; application of practices; use of
parliamentary procedure for implementing the processes of
representative government.
◦ Development of: Jefferson Manual; Cushing’s Manual; Robert’s Rules of
Order
Development towards the
Rules of Order
A. Jefferson Manual (1801):
- Vice President Thomas Jefferson saw the need to codify the
parliamentary system of the young US republic; provided the
most practical model for Congress.
- “the first to define and interpret parliamentary procedures for the
democratic republic and to offer basic pattern of rules and a
measure of uniformity for the legislative processes of the US.
Development towards the
Rules of Order (2)
B. Cushing’s Manual (1845):
- By Luther S. Cushing (Manual of Parliamentary Practice: Rules of
Proceeding and Debate in Deliberative Assemblies) – intended for
assemblies of every description but more especially for those
which are not legislative in their character.”
C. Robert’s Rules of Order (1875): a parliamentary manual: “based,
in its general principles, upon the rules and the practice of
Congress, and adapted, in its details, to the use of ordinary
societies.”
Influence of Robert
◦ The crux of the RRO initial contribution was in making it
possible for assemblies and societies to free themselves
from confusion and dispute over rules governing the use
of the different motions of parliamentary law.
Principles Underlying Parliamentary Law

◦ Rules are based on a regard for the rights:

◦ Of the majority
◦ Of the minority, especially a strong minority – greater than one
third
◦ Of individual members
◦ Of absentees, and all of these together
The Deliberative Assembly
◦ A deliberative assembly – a kind of gathering to which
parliamentary law is generally understood to apply.
◦ Characteristics:
◦ 1. It is a group of people
◦ 2. The group meets in a single room or area
◦ 3. The group is of such size
◦ 4. Right to participate freely
◦ 5. Opinion of each member present has equal weight
Types of deliberative assembly
◦ 1. The Mass Meeting
◦ 2. The Local Assembly of an Organized Society
◦ 3. The Convention
◦ 4. The Legislative Body
◦ 5. The Board
◦ Rules of an Assembly or Organization
◦ 1. Corporate Charter
◦ 2. Constitution; By Laws
◦ 3. Rules of Order
The Conduct of Business in a
Deliberative Assembly
◦ Minimum Composition of a Deliberative Assembly:
◦ 1. Quorum
◦ 2. Minimum officers: presiding officer; secretary/clerk
◦ “the chair” – the official place or station of the presiding officer
Pattern of Formality
◦ Customs Observed by Members:
◦ The president/chief officer is addressed as:
◦ “Mr. President” or “Madam President” or “Mr/Madam Moderator
◦ Presiding officer:
◦ “Mr or Madam Chair/Chairman”
◦ Members speak to “the chair” as in:
◦ “Mr. President do I understand the chair to state …?”
◦ “Mr. President, may I ask the member to explain …”
◦ “Mr. Chairman, I hope that the gentleman who last spoke will think of
the probable consequence…”
Customs Observed by the Presiding Officer

Presiding Officer speaks only in the third person:

“The Chair rules that…”
Invariably, if he wishes to describe himself by his official title, as in:
“Your President is pleased to report …”
The chair does not mention the member’s name and does not
address the individual member as you, except in connection with
certain disciplinary procedures.
Instead: “The chair must ask the member to confine his remarks to
the merits of the pending question.”
Call to Order
◦ Calling the meeting to order:
◦ “The meeting will come to order.” or “The meeting will be in order.”
◦ (The call to order may be immediately followed by religious or
patriotic exercises or other opening ceremonies).
Order of Business
◦ 1. Reading and Approval of Minutes
◦ 2. Reports of Officers, Boards, Standing Committees
◦ 3. Reports of Special Committees
◦ 4. Special Orders
◦ 5. Unfinished Business and General Orders
◦ 6. New Business (Agenda of the Meeting)
Means by Which Business Is Brought
Before the Assembly
◦ Business is brought before an assembly by the motion.
◦ A motion is a formal proposal by a member, in a meeting, that
the assembly takes certain action.
◦ A motion may also grow out of the presentation of a written
communication to the assembly: letter, memo, outside source.
Obtaining and Assigning the Floor
◦ A member must obtain the floor (must be recognized by the chair
as having the exclusive right to be heard at that time).
◦ To claim the floor, a member rises at his place when no one else
has the floor (or goes to the microphone) faces the chair and
says: “Mr. President” or “Mr. Chairman …”
◦ The chair recognizes him: “The chair recognizes Mr. Cruz or the
gentleman from Mabini Reef.”
◦ When the member finishes speaking, he yields the floor by
resuming his seat.
The Handling of a Motion:
How a Motion is Brought Before the Assembly
1) A member makes a motion:
◦ “I move that…”
◦ “I move the adoption of the following resolution: Resolved, That…”
2) Another member seconds the motion:
“I second the motion” or “I second it” or “Second!”
(or the Chair says: “Is there second to the motion/resolution?”)
(or if there is no second, the chair says: “The motion is not seconded” or
“Since there is no second, the motion is not before this meeting.”)
3)The Chair states the question on the motion:
“It is moved and seconded that/to…”
“Are you ready for the question?” – (debate) … The chair recognizes Mr…
Making a motion
1. To make a motion a member must obtain the floor:
“I move that…” or “I move for the adoption of the resolution…”
2. As soon as a member has made the motion, he resumes his
seat. He will have the right to speak first in a debate, if he wishes.
Seconding a Motion:
A second merely implies that the seconder agrees that the motion
should come before the meeting (and not that he necessarily
favors the motion).
Stating the question by the chair
◦ “It is moved and seconded that …(repeating the motion)
◦ The chair normally turns towards the maker of the motion to see if
he wishes to be assigned the floor: [“The chair recognizes Mr. P”].
◦ “Are you ready for the question?” (to debate)
◦ Note: If the motion is out of order, the chair may say: “The chair
rules that the motion is out of order (or “not in order”)
◦ (It is the duty of the chair to see that the motion is put into
suitable form – preserving the content to the satisfaction of the
mover).
◦ Until the chair states the question, the maker has the right to
modify the motion as he pleases or to withdraw it entirely.
◦ If the maker of the motion modifies it before the question is
stated, a person who has seconded it has the right to withdraw
his second.
◦ Modifications of a motion that are suggested before the question
is stated should usually be limited to changes that are likely to be
generally acceptable to the members present (i.e., would not
occasion debate if proposed as amendments)…
The Consideration of a Main Motion:
Basic Steps
◦ 1. Member debate the motion (unless no member claims the
floor for that purpose)
◦ 2. The chair puts the question (i.e., puts it to a vote).
◦ 3. The chair announces the result of the vote.
Debate on the Question
◦ In debate, each member has the right to speak twice on the
same question on the same day.
◦ Without the permission of the assembly, no one can speak longer
than permitted by the rules of the body.
◦ Debates must be confined to the merits of the pending question.
◦ While members are speaking in debate, the presiding officer
should remain seated.
◦ The presiding officer cannot close debate so long as any
member who has not exhausted his right to debate desires the
floor, except by the order of the assembly.
Putting the Question
◦ The chair may ask, “Are you ready for the question?”
◦ In putting the question, the chair should stand and should
especially project his voice to be sure that all are aware that the
vote is being taken.
◦ The vote on a motion is normally taken by a voice (viva voce) or
by rising; committees, small boards, small assemblies by show of
hands.
Form for Taking a Voice Vote
◦ A vote by voice is the regular method of voting on any question
that does not require more than a majority vote for its adoption.
◦ “The question is on the adoption of the motion to [or ‘that’]”
◦ “Those in favor of the motion say aye … Those opposed say no.”
In the case of the resolution:
“The question is on the adoption of the following question: [reading it]
“Those in favor of the resolution that was just read, say aye … Those
opposed say no.”
Forms for Taking a Rising (Division) Vote
◦ The simple rising vote is used principally in cases where a voice
vote has been taken with inconclusive result; and as a normal
method of voting on motions requiring a 2/3 votes for adoption.
◦ “Those in favor of the motion to … will rise (or stand). ..Be seated
…Those opposed will rise … Be seated.”
◦ If a rising vote remains inconclusive, the chair or the assembly
can order the vote to be counted.
◦ “The question is on the motion to limit all speeches at this meeting to
two minutes. Those in favor of the motion will rise and remain standing
until counted…Be seated. Those oppose will rise and remain standing
until counted…Be seated.”
Form for Taking a Vote by Show of Hands

◦ A vote by a show of hands can be used as the basic voting

method in small boards or committees, and small assemblies.
◦ In voting by this method, the question can be put, as follows:
◦ “The question is on the motion that the bill for building repairs be paid
as rendered. All those in favor of the motion will raise the right hand.
…Lower hands. [Or, nodding. “Thank you.”] Those opposed will raise
the right hand…. Lower hands.”
Content of Complete Announcement
◦ 1. Report of the voting: “has it”
◦ 2. Declaration that the motion is adopted or lost.
◦ 3.Statement indicating the effect of the vote.
◦ 4. Where applicable, announcement of the next item of business
Standard portion of the announcement
◦ For a voice vote: “…The ayes have it and the motion is adopted (or
“agreed” or “carried”)…” Or, “…The noes have it and the motion is
lost…”
◦ For a rising vote (uncounted) or a vote by a show of hands: “…The
affirmative has it and the motion is adopted…” Or, “…The negative has
it and the motion is lost…”
◦ For a rising vote or show of hands on which a count has been ordered:
“There are 32 in the affirmative and 30 in the negative. The affirmative
has it and the motion is adopted…” Or, “…There are 29 in the negative
and 33 in the affirmative. The negative has it and the motion is lost…”
◦ For a motion requiring a two-thirds vote for adoption (where an
uncounted rising vote is conclusive):
◦ “…There are two-thirds in the affirmative and the motion is
adopted…” Or, “…There are less than two-thirds in the affirmative
and the motion is lost.”
◦ For motion requiring two-thirds vote for adoption (where a count
of the vote is taken): “… There are 51 in the affirmative and 23 in
the negative. There are two-thirds in the affirmative and 26 in the
negative and the motion is adopted.
Verifying an Inconclusive Vote
◦ Division of an Assembly – a vote retaken by rising at the demand
of a member: “Division” or “I call for [or “demand”] a division” or
“I doubt the result of the vote.”
◦ Unanimous consent (general consent) – there seems to be no
opposition in routine business or on question of little importance:
◦ “If there is no objection…” or “Since there is no objection…”
Basic Classifications of Motions
◦ Motion – refers to formal proposal by a member, in a meeting,
that the assembly takes certain action.
◦ 1. Main motions
◦ a. Original main motions
◦ b. Incidental main motions
◦ 2. Subsidiary motions
◦ 3. Privileged motions Secondary motions
◦ 4. Incidental motions
◦ 5. Motions that bring a question again before the assembly
 Fix the Time to Which to Adjourn

PRIVILEGED Precedence of Motions Adjourn

Recess
MOTIONS UN-DEBATABLE
Raise a Question of Privilege
Call for the Orders of the Day
(INCIDENTAL) (INCIDENTAL MOTIONS)
Lay on the Table
Previous Question
SUBSIDIARY Limit or Extend Limits of Debate
MOTIONS Postpone to a Certain Time (Postpone Definitely)
Commit (or Refer)
DEBATABLE
Amend
Postpone Indefinitely
MAIN MOTION MAIN (PRINCIPAL) MOTION
Nature of Secondary Motions
◦ Secondary motions – are related to the following principle of
parliamentary law:
◦ Only one question can be considered at a time; once a motion is before the
assembly, it must be accepted or rejected by a vote, or the assembly must
take action disposing of the question in some other way, before any other
business (except, “privileged questions”) can be brought up.
◦ Procedural or emergency character:
◦ 1. It can be made and considered while a main motion is pending.
◦ 2. When made, and has been admitted as in order, it must be acted upon
or disposed of before direct consideration of the main question.
◦ Are generally made and seconded and are stated by the chair…
Description of Classes and Individual
of Motions
◦ A main motion – is a motion whose introduction brings business
before the assembly.
◦ Subsidiary motions – assist the assembly in treating or disposing of
a main motion (and sometimes other motions)
◦ Privileged motions – do not relate to the pending business , but
have to do with special matters of immediate and overriding
importance which, without debate, should be allowed to
interrupt the consideration of anything else
Individual Subsidiary Motions
◦ 1. Postpone Indefinitely
◦ 2. Amend –
◦ 3. Commit or Refer –
◦ 4. Postpone to a Certain Time/Postpone Definitely -
◦ 5. Limit or Extend Limits of Debate -
◦ 6. Previous Question -
◦ 7. Lay on the Table -
Individual Privileged Motions
◦ 1. Call for the Orders of the Day
◦ 2. Raise a Question of Privilege
◦ 3. Recess
◦ 4. Adjourn
◦ 5. Fix the Time to Which to Adjourn
Individual Incidental Motions
◦ 1. Point of Order
◦ 2. Appeal
◦ 3. Suspend the Rules
◦ 4. Objection to the Consideration of Question
◦ 5. Division of Question
◦ 6. Consideration by Paragraph or Seriatim
◦ 7. Division of the Assembly
◦ 8. Motions Relating to Methods of Voting and the Polls
◦ 9. Motions Relating to Nominations
◦ 10. Request to be Excused from Duty
◦ 11. Requests and Inquiries
Motions that Bring a Question Again
Before the Assembly
◦ 1. Take from the Table
◦ 2. Rescind (or Repeal or Annul); Amend Something Previously
Adopted
◦ 3. Discharge a Committee
◦ 4. Reconsider