Anaya Nolan
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, it is important to note that not all rules can be suspended. While certain rules, such as special rules of order, rules in the parliamentary authority, and standing rules of the assembly, may be suspended with a two-thirds vote, there are fundamental principles of parliamentary law, rules protecting absentees, and basic rights of individuals that cannot be suspended, even by unanimous consent. Bylaws, which are the basic rules relating to the organization, also generally cannot be suspended. However, if a particular rule within the bylaws provides for its own suspension or is considered a rule of order, it may be possible to suspend it.
| Characteristics | Values |
|---|---|
| Suspension of rules | May take place with unanimous consent |
| Requires a two-thirds vote | |
| Cannot be used to suspend fundamental principles of parliamentary law | |
| Cannot be used to suspend rules protecting absentees | |
| Cannot be used to suspend rules protecting the rights of individual members | |
| Cannot be used to suspend rules protecting a minority | |
| Cannot be used to suspend rules requiring a ballot vote | |
| Cannot be used to suspend bylaws | |
| Cannot be used to suspend procedural rules prescribed by statute | |
| Cannot be used to suspend rules established by a higher authority | |
| Can be used to suspend special rules of order | |
| Can be used to suspend rules contained in the parliamentary authority | |
| Can be used to suspend the standing rules of the assembly | |
| Can be used to suspend rules of order contained in the bylaws or constitution | |
| Can be used to suspend a particular rule for a particular action | |
| Can be used to take up an agenda item out of order | |
| Can be used to suspend rules of decorum |
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What You'll Learn
- A two-thirds vote is required to suspend the rules
- Fundamental principles of parliamentary law cannot be suspended
- Rules protecting absentees and individual members' rights cannot be suspended
- The Gordian knot motion allows for rules to be suspended
- Procedural rules established by state law cannot be suspended
A two-thirds vote is required to suspend the rules
In the United States, a two-thirds vote is required to suspend the rules in the House of Representatives. This procedure is generally used to quickly pass bills that enjoy broad, bipartisan support. A member can make a motion to suspend the rules only if the Speaker of the House allows them to. Once a member moves to "suspend the rules" and take some action, debate is limited to 40 minutes, no amendments can be offered to the motion or the underlying matter, and a two-thirds majority of members present and voting is required to agree to the motion.
In the United States Senate, Rule XVI prohibits amendments that propose general legislation to appropriations legislation. To prevent a point of order from killing the amendment, a Senator may offer a motion to suspend Rule XVI, paragraph 4, essentially making the order germane. This motion requires a two-thirds majority to approve, meaning that it rarely passes.
In many cases, suspension of the rules may take place with unanimous consent. 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 none, the rules are suspended. However, rules that 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.
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, including bylaws, which are a contract between members. The bylaws may provide for a specific rule to be suspended. Depending on the type of rule being suspended, a motion to suspend the rules could be adopted with a two-thirds vote.
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Fundamental principles of parliamentary law cannot be suspended
In the United States, 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, certain rules cannot be suspended, even with unanimous consent.
Additionally, rules protecting a basic right of an individual cannot be suspended. For example, the rules cannot be suspended to take away a particular member's right to attend meetings, make motions, speak in debate, and vote. These rights can only be curtailed through disciplinary procedures.
In some cases, rules established by a higher authority, such as state laws or the constitution, cannot be suspended. For example, if a state law requires a majority vote for a motion to pass, that rule cannot be suspended. Similarly, a legislature cannot suspend the constitution.
While the motion to suspend the rules provides flexibility, it should be used with caution. It is important to carefully consider the specific rules that can and cannot be suspended in a given context, as outlined in sources such as Robert's Rules of Order.
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Rules protecting absentees and individual members' rights cannot be suspended
While rules can be suspended in certain situations, there are some rules that cannot be suspended, even with unanimous consent. These include rules protecting absentees and individual members' rights.
In the context of parliamentary procedure, a suspension of the rules allows a deliberative assembly to set aside its normal rules to do something that it could not otherwise do. However, rules that protect the principles of parliamentary procedure, such as order, the right of individual members and minorities to be heard, and the right of a majority to carry out its will, cannot be suspended.
Rules protecting absentees ensure that their rights are not infringed upon, even if they are not present to vote or participate in the decision-making process. These rules cannot be suspended, even with a two-thirds vote or unanimous consent. This is because a two-thirds vote only protects a minority of any number greater than one-third of the members present, and absentees are not included in this calculation.
Similarly, rules protecting the basic rights of individual members cannot be suspended. These rights include the right to attend meetings, make motions, speak in debate, and vote. These rights can only be curtailed through disciplinary procedures and not by suspending the rules.
It's important to note that bylaws, which are a contract between members, also cannot be suspended, regardless of the vote. This includes any procedural rules written into the laws governing the organization, such as state corporation laws, unless the law itself allows for suspension.
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The Gordian knot motion allows for rules to be suspended
In the context of 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, it is important to note that not all rules can be suspended.
The "Gordian knot" motion is a unique variation of the standard motion to "Suspend the Rules". This motion allows members to return to an earlier, less confusing phase in the meeting, essentially enabling the meeting to start over on a particular item under discussion. It is used when confusion has caused the assembly to become tangled up in a parliamentary snarl that neither the chairman nor the members can unravel.
The Gordian knot motion 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. It is a motion that should rarely be needed, and when it is proposed, members on all sides are likely to be very frustrated. The Gordian knot motion is usually adopted by general consent, also known as unanimous consent. If someone objects, a vote is held, and the Gordian knot motion requires a second and a two-thirds vote to be adopted.
While the Gordian knot motion allows for rules to be suspended, it is important to note that certain rules cannot be suspended, even by unanimous vote. These include rules that embody fundamental principles of parliamentary law, rules requiring a ballot vote, and rules protecting absentees or the basic rights of individuals. Additionally, bylaws, which are a contract between members, cannot be suspended, no matter how great the vote may be.
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Procedural rules established by state law cannot be suspended
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 certain rules that cannot be suspended.
For example, rules that embody fundamental principles of parliamentary law, such as those requiring a ballot vote, or rules protecting absentees or the basic rights of individuals, cannot be suspended, even by unanimous vote. This means that rules cannot be suspended to allow non-members to vote, to authorize absentee or cumulative voting, or to waive the requirement of a quorum. Similarly, rules cannot be suspended to take away a particular member's right to attend meetings, make motions, speak in debate, and vote; these rights can only be curtailed through disciplinary procedures.
In addition, bylaws, which are a contract between members, cannot be suspended, no matter how great the vote to suspend them may be. This is because bylaws may contain procedural rules established by state law, which, as mentioned, cannot be suspended.
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Frequently asked questions
The motion to suspend the rules is a recognition of the parliamentary principle that the rules are intended to serve the organization, and the organization does not serve the rules. It allows an assembly to do something during a meeting that it cannot do without violating its rules of order or standing rules.
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. However, certain rules cannot be suspended, including rules that embody fundamental principles of parliamentary law, rules requiring a ballot vote, and rules protecting absentees or the basic rights of individuals.
Rules that embody fundamental principles of parliamentary law, such as allowing only one question to be considered at a time, cannot be suspended. Rules requiring a ballot vote, rules protecting absentees, and rules protecting the basic rights of individuals also cannot be suspended. Additionally, bylaws, which are the basic rules of an organization, cannot be suspended, even by unanimous vote.
The procedure for suspending the rules may vary depending on the specific rules being considered. In general, a motion to suspend the rules is made and must be seconded. The motion is then debated by the proponent and an opponent for a set amount of time, typically 20 minutes. Finally, a vote is taken, and the rules are suspended if two-thirds of the members present and voting approve the motion.
Yes, in some cases, an alternative to suspending the rules may be to amend or change them. This is particularly relevant when considering bylaws, which are the basic rules of an organization and cannot be suspended. If a particular rule within the bylaws needs to be set aside, the bylaws may need to be amended to achieve this purpose.
