Home > 107th Congressional Documents > H.Doc.107-285 Reproduced with the permission of The Washington Post,  2002, http://www.washingtonpost.com/wp-srv/nation/specials/attacked/remembrance/vic--list.html ...

H.Doc.107-285 Reproduced with the permission of The Washington Post,  2002, http://www.washingtonpost.com/wp-srv/nation/specials/attacked/remembrance/vic--list.html ...


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Department calling in question words uttered by a Member in debate was 
criticized as a breach of privilege and withdrawn (III, 2684). An 
explanation having been demanded of a Member by a person not a Member 
for a question asked of the latter when a witness before the House, the 
matter was considered but not pressed as a breach of privilege (III, 
2681). A letter from a person supposed to have been assailed by a Member 
in debate,

[[Page [46]]]

asking properly and without menace if the speech was correctly reported, 
was held to involve no question of privilege (III, 2682). Unless it be 
clear that a Member has been questioned for words spoken in debate, the 
House declines to act (II, 1620; III, 2680).
  For assaulting a Member, Charles C. Glover was arrested, arraigned at 
the bar of the House, and censured by the Speaker by direction of the 
House, although the provocation of the assault was words spoken in 
debate in the previous Congress (VI, 333).
  Decisions <<NOTE: Sec. 95. Decisions of the Court.>> of the Supreme 
Court of the United States: Kilbourn v. Thompson, 103 U.S. 168 (1881); 
Tenney v. Brandhove, 341 U.S. 367 (1951); United States v. Johnson, 383 
U.S. 169 (1966); Dombrowski v. Eastland, 387 U.S. 82 (1967); Powell v. 
McCormack, 395 U.S. 486 (1969); Gravel v. United States, 408 U.S. 606 
(1972); United States v. Brewster, 408 U.S. 501 (1972); United States v. 
Helstoski, 442 U.S. 477 (1979); Hutchinson v. Proxmire, 443 U.S. 111 
(1979).

  \2\ No Senator or <<NOTE: Sec. 96. Restriction on appointment of 
Members to office.>> Representative shall, during the Time for which he 
was elected, be appointed to any Civil Office under the Authority of the 
United States, which shall have been created, or the Emoluments whereof 
shall have been encreased during such time; *  *  *.

  In a few cases questions have arisen under this paragraph (I, 506, 
footnote; and see 42 Op. Att'y Gen. 36 (1969); see also Deschler, ch. 
7).

<<NOTE: Sec. 97. Members not to hold office under the United States.>>   
*  *  * and no Person holding any Office under the United States, shall 
be a Member of either House during his Continuance in Office.

  The meaning of the word ``office'' as used in this paragraph has been 
discussed (I, 185, 417, 478, 493; II, 993; VI, 60, 64), as has also the 
general subject of incompatible offices (I, 563).
  The Judiciary Committee <<NOTE: Sec. 98. As to what are incompatible 
offices.>> has concluded that members of commissions created by law to 
investigate and report, but having no legislative, executive, or 
judicial powers, and visitors to academies, regents, directors, and 
trustees of public institutions, appointed under the law by the Speaker, 
are not officers within the meaning of the Constitution (I, 493). 
Membership on joint committees created by the statute is not an office 
in the contemplation of the constitutional provision prohibiting Members 
of Congress from holding si

[[Page [47]]]

multaneously other offices under the United States (VII, 2164). A Member 
of either House is eligible to appointment to any office not forbidden 
him by law, the duties of which are not incompatible with those of a 
Member (VI, 63) and the question as to whether a Member may be appointed 
to the Board of Managers of the Soldiers' Home and become local manager 
of one of the Homes, is a matter for the decision of Congress itself 
(VI, 63). The House has also distinguished between the performance of 
paid services for the Executive (I, 495), like temporary service as 
assistant United States attorney (II, 993), and the acceptance of an 
incompatible office. The House has declined to hold that a contractor 
under the Government is constitutionally disqualified to serve as a 
Member (I, 496). But the House, or its committees, have found 
disqualified a Member who was appointed a militia officer in the 
District of Columbia (I, 486) and in various States (VI, 60), and 
Members who have accepted commissions in the Army (I, 491, 492, 494). 
But the Judiciary Committee has expressed the opinion that persons on 
the retired list of the Army do not hold office under the United States 
in the constitutional sense (I, 494). A Member-elect has continued to 
act as governor of a State after the assembling of the Congress to which 
he was elected (I, 503), but the duties of a Member of the House and the 
Governor of a State are absolutely inconsistent and may not be 
simultaneously discharged by the same Member (VI, 65).-
  The House decided <<NOTE: Sec. 99. Appointment of Memberselect to 
offices under the United States.>> that the status of a Member-elect was 
not affected by the constitutional requirement (I, 499), the theory 
being advanced that the status of the Member-elect is distinguished from 
the status of the Member who has qualified (I, 184). A Member-elect, who 
continued in an office after his election but resigned before taking his 
seat, was held entitled to the seat (I, 497, 498). However, when a 
Member-elect held an incompatible office after the meeting of Congress 
and his taking of the oath, he was held to have disqualified himself (I, 
492). In other words, the Member-elect may defer until the meeting of 
Congress and his taking of the oath, his choice between the seat and an 
incompatible office (I, 492). As early as 1874 the Attorney General 
opined that a Member-elect is not officially a Member of the House, and 
thus may hold any office until sworn (14 Op. Att'y Gen. 408 (1874)).
  The House has <<NOTE: Sec. 100. Relation of contestants to 
incompatible offices.>> manifestly leaned to the idea that a contestant 
holding an incompatible office need not make his election until the 
House has declared him entitled to the seat (I, 505). Although a 
contestant had accepted and held a State office in violation of the 
State constitution, if he were really elected a Congressman, the House 
did not treat his contest as abated (II, 1003). Where a Member had been 
appointed to an incompatible office a contestant not found to be elected 
was not admitted to fill the vacancy (I, 807).

[[Page [48]]]

  Where a Member <<NOTE: Sec. 101. Procedure of the House when 
incompatible offices are accepted.>> has accepted an incompatible 
office, the House has assumed or declared the seat vacant (I, 501, 502; 
VI, 65). In the cases of Baker and Yell, the Elections Committee 
concluded that the acceptance of a commission as an officer of 
volunteers in the national army vacated the seat of a Member (I, 488), 
and in another similar case the Member was held to have forfeited his 
right to a seat (I, 490). The House has seated a person bearing regular 
credentials on ascertaining that his predecessor in the same Congress 
had accepted a military office (I, 572). But usually the House by 
resolution formally declares the seat vacant (I, 488, 492). A Member-
elect may defer until the meeting of Congress and his taking of the oath 
of office his choice between the seat and an incompatible office (I, 
492). But when he retains the incompatible office and does not qualify, 
a vacancy has been held to exist (I, 500). A resolution excluding a 
Member who has accepted an incompatible office may be agreed to by a 
majority vote (I, 490). A Member charged with acceptance of an 
incompatible office was heard in his own behalf during the debate (I, 
486).
  Where it was held in Federal court that a Member of Congress may not 
hold a commission in the Armed Forces Reserve under this clause, the 
U.S. Supreme Court reversed on other grounds, the plaintiff's lack of 
standing to maintain the suit. Reservists Committee to Stop the War v. 
Laird, 323 F. Supp. 833 (1971), aff'd, 595 F.2d 1075 (1972), rev'd on 
other grounds, 418 U.S. 208 (1974).

  Section 7. \1\ All Bills <<NOTE: Sec. 102. Bills raising revenue to 
originate in the House.>> for raising Revenue shall originate in the 
House of Representatives; but the Senate may propose or concur with 
Amendments as on other Bills.

  This provision has been the subject of much discussion (II, 1488, 
1494). In the earlier days the practice was not always correct (II, 
1484); but in later years the House has insisted on its prerogative and 
the Senate has often shown reluctance to infringe thereon (II, 1482, 
1483, 1493). In several instances, however, the subject has been matter 
of contention, conference (II, 1487, 1488), and final disagreement (II, 
1485, 1487, 1488). Sometimes, however, when the House has questioned an 
invasion of prerogative, the Senate has receded (II, 1486, 1493). The 
disagreements have been especially vigorous over the right of the Senate 
to concur with amendments (II, 1489), and while the Senate has 
acquiesced in the sole right of the House to originate revenue bills, it 
has at the same time held to a broad power of amendment (II, 1497-1499). 
The House has frequently challenged the Senate on this point (II, 1481, 
1491, 1496; Sept. 14, 1965, p. 23632). When the House has perceived an 
invasion of its prerogative, it has ordered the bill or Senate amendment 
to be returned to the Senate (II, 1480-1499; VI, 315, 317; Mar. 30, 
1937, p. 2930; July 2, 1960, p. 15818; Oct. 10, 1962,

[[Page [49]]]

p. 23014; May 20, 1965, p. 11149; June 20, 1968, p. 22127; Nov. 8, 1979, 
p. 31518; May 17, 1983, p. 12486; Oct. 1, 1985, p. 25418; Sept. 25, 
1986, p. 26202; July 30, 1987, p. 21582; June 16, 1988, p. 14780; June 
21, 1988, p. 15425; Sept. 23, 1988, p. 25094; Sept. 28, 1988, p. 26415; 
Oct. 21, 1988, pp. 33110-11; June 15, 1989, p. 12167; Nov. 9, 1989, p. 
28271; Oct. 22, 1991, p. 27087; Oct. 31, 1991, p. 29284; Feb. 25, 1992, 
p. 3377; July 14, 1994, p. 16593; July 21, 1994, p. 17280; July 21, 
1994, p. 17281; Aug. 12, 1994, pp. 7642, 7643; Oct. 7, 1994, p. 29136, 
29137; Mar. 21, 1996, p. 5950; Apr. 16, 1996, pp. 7642, 7643; Sept. 27, 
1996, p. 25542; Sept. 28, 1996, p. 25931; Mar. 5, 1998, p. ----; Oct. 
15, 1998, p. ----; July 15, 1999, p. ----; Nov. 18, 1999, pp. ----; Oct. 
24, 2000, p. ----; Sept. 20, 2001, p. ----), or declined to proceed 
further with it (II, 1485). Among the measures the House has returned to 
the Senate: a Senate-passed bill providing for the sale of Conrail and 
containing provisions relating to the tax treatment of the sale, 
notwithstanding inclusion in that bill of a disclaimer section requiring 
all revenue provisions therein to be contained in separate legislation 
originating in the House (Sept. 25, 1986, p. 26202); a Senate-passed 
bill prohibiting the importation of commodities subject to tariff (July 
30, 1987, p. 21582); a Senate-passed bill banning all imports from Iran, 
a tariff measure as affecting revenue from dutiable imports (June 16, 
1988, p. 14780); a Senate-passed bill dealing with the tax treatment of 
income derived from the exercise of Indian treaty fishing rights (June 
21, 1988, p. 15425); a Senate-passed bill creating a tax-exempt 
government corporation (June 15, 1989, p. 12167); a Senate-passed bill 
addressing the tax treatment of police-corps scholarships and the 
regulation of firearms under the Internal Revenue Code (Oct. 22, 1991, 
p. 27087); a Senate-passed bill including certain import sanctions in an 
export administration statute (Oct. 31, 1991, p. 29284); a Senate-passed 
bill requiring the President to impose sanctions including import 
restrictions against countries that fail to eliminate largescale 
driftnet fishing (Feb. 25, 1992, p. 3377); a Senate amendment to a 
general appropriation bill prohibiting funds for the Internal Revenue 
Service to enforce a requirement to use undyed diesel fuel for use in 
recreational boats (July 14, 1994, p. 16593); a Senate-passed bill 
proposing to regulate toxic substances by prohibiting the import of 
products containing more than specified level of lead (July 21, 1994, p. 
17280); a Senate amendment to a general appropriation bill proposing a 
user fee raising revenue to finance broader activities of the agency 
imposing the levy, thereby raising general revenue (Aug. 12, 1994, p. 
21656); a Senate-passed bill proposing to repeal a fee on electricity 
generated by nuclear energy that otherwise would raise revenue (Mar. 5, 
1998, p. ----); a Senate-passed bill proposing new import restrictions 
on products containing any substance derived from rhinoceroses or tigers 
(Oct. 15, 1998, p. ----); Senate-passed bills proposing an amendment to 
the criminal code that would make it unlawful to import certain assault 
weapons (Oct. 22, 1991, p. 27087) or to import large capacity ammunition 
feeding devices (July 15, 1999, p. ----); Senate-passed bills 
prescribing the tax treatment

[[Page [50]]]

of certain benefits to members of the Armed Forces (Nov. 18, 1999, p. --
--) or of public-sector retirement plans (Nov. 18, 1999, p. ----); a 
Senate-passed bill proposing to create a new basis for applying import 
restrictions on bear viscera or products derived therefrom (Oct. 24, 
2000, p. ----); a Senate amendment proposing to enact by reference a 
Senate bill providing for a ban on (dutiable) imports of diamonds from 
certain countries (Sept. 20, 2001, p. ----). The House laid on the table 
a resolution asserting that a conference report (on which the House was 
acting first) accompanying a House bill originated provisions in 
derogation of the constitutional prerogative of the House and resolving 
that such bill be recommitted to conference (July 27, 2000, p. ----).
  A bill raising revenue incidentally was held not to infringe upon the 
constitutional prerogative of the House to originate revenue legislation 
(VI, 315). Discussion of differentiation between bills for the purpose 
of raising revenue and bills which incidentally raise revenue (VI, 315). 
A question relating to the invasion of the constitutional prerogatives 
of the House by a Senate amendment may be raised at any time when the 
House is in possession of the papers, but not otherwise; thus, the 
question has been presented pending the motion to call up a conference 
report on the bill (June 20, 1968, Deschler, ch. 13, Sec. 14.2; Aug. 19, 
1982, p. 22127), but has been held nonprivileged with respect to a bill 
already presented to the President (Apr. 6, 1995, p. 10700). On January 
16, 1924, p. 1027, the Senate decided that a bill proposing a gasoline 
tax in the District of Columbia should not originate in the Senate (VI, 
316).
  Former clause 5(b) (current clause 5(a)) of rule XXI, added in the 
98th Congress, prohibits consideration of any amendment, including any 
Senate amendment, proposing a tax or tariff measure during consideration 
of a bill or joint resolution reported by a committee not having that 
jurisdiction (H. Res. 5, Jan. 3, 1983, p. 34).
  For discussion as to the prerogatives of the House under this clause, 
and discussion of the prerogatives of the House to originate 
appropriation bills, see Deschler, ch. 13.
  Decisions <<NOTE: Sec. 103. Decisions of the Court.>> of the Supreme 
Court of the United States: Field v. Clark, 143 U.S. 649 (1892); Twin 
City Bank v. Nebeker, 167 U.S. 196 (1897); Flint v. Stone Tracy Co., 220 
U.S. 107 (1911); Millard v. Roberts, 202 U.S. 429 (1906); Rainey v. 
United States, 232 U.S. 310 (1914); United States v. Munoz-Flores, 495 
U.S. 385 (1990).

  \2\ Every Bill <<NOTE: Sec. 104. Approval and disapproval of bills by 
the President.>> which shall have passed the House of Representatives 
and the Senate, shall, before it become a Law, be presented to the 
President of the United States; If he approve he shall sign it, but if 
not he shall return it, with his Objec

[[Page [51]]]

tions to that House in which it shall have originated, who shall enter 
the Objections at large on their Journal, and proceed to reconsider it. 
If after such Reconsideration two thirds of that House shall agree to 
pass the Bill, it shall be sent, together with the Objections, to the 
other House, by which it shall likewise be reconsidered, and if approved 
by two thirds of that House, it shall become a Law. But in all such 
Cases the Votes of both Houses shall be determined by Yeas and Nays, and 
the Names of the Persons voting for and against the Bill shall be 
entered on the Journal of each House respectively. * * *.

  Under the usual <<NOTE: Sec. 105. The act of approval.>> practice, 
bills are considered to have been presented to the President at the time 
they are delivered to the White House. In 1959, bills delivered to the 
White House while the President was abroad were held for presentation to 
the President upon his return to the United States by the White House. 
The United States Court of Claims held, in Eber Bros. Wine and Liquor 
Corp. v. United States, 337 F.2d 624 (1964), cert. denied, 380 U.S. 950 
(1965), that where the President had determined, with the informal 
acquiescence of leaders of Congress, that bills from the Congress were 
to be received at the White House only for presentation to him upon his 
return to the United States and the bill delivered to the White House 
was so stamped, the Presidential veto of the bill more than 10 days 
after delivery to the White House but less than 10 days after his return 
to the country was timely. The second session of the 89th Congress 
adjourned sine die while President Johnson was on an Asian tour and 
receipts for bills delivered to the White House during that time were 
marked in like manner. The approval of a bill by the President of the 
United States is valid only with his signature (IV, 3490). Prior to the 
adoption of the 20th amendment to the Constitution, at the close of a 
Congress, when the two Houses prolonged their sessions into the forenoon 
of March 4, the approvals were dated on the prior legislative day, as 
the legislative portion of March 4 belonged to the term of the new 
Congress. In one instance, however, bills signed on the forenoon of 
March 4 were dated as of that day with the hour and minute of approval 
given with the date (IV, 3489). The 20th amendment to the Constitution 
changed the date of meeting of the Congress to January 3d. The act of 
President Tyler in filing with a bill an

[[Page [52]]]

exposition of his reasons for signing it was examined and severely 
criticized by a committee of the House (IV, 3492); and in 1842 a 
committee of the House discussed the act of President Jackson in writing 
above his signature of approval a memorandum of his construction of the 
bill (IV, 3492). But where the President has accompanied his message 

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