Deliberative assembly

“ A deliberative assembly does not rise above the level of its average members. It is neither very foolish nor very wise. All might be well if the king made himself the irresistible instrument of philosophy and justice, and wrought the reform. ”

“ Parliament is not a congress of ambassadors from different and hostile interests, which interests each must maintain, as an agent and advocate, against other agents and advocates; but Parliament is a deliberative assembly of one nation, with one interest, that of the whole—where not local purposes, not local prejudices, ought to guide, but the general good, resulting from the general reason of the whole. You choose a member, indeed; but when you have chosen him, he is not member of Bristol, but he is a member of Parliament. ”

“ Every deliberative assembly, having the right to purify its own body, must therefore have the right to investigate the character of its members. It can require any of them to testify in the case, under pain of expulsion if they refuse.
When the charge is against the member’s character, it is usually referred to a committee of investigation or discipline, or to some standing committee, to report upon. ”

“ Never was more dignity manifest in any deliberative assembly. A single glance at the council in session, from one of the side galleries, would at once impress the beholder not only with the majesty of the spectacle, but also with the mutual respect which the members exhibit toward each other, and the patient attention with which the speakers are listened to, often under a trying ordeal of several hours' continuous session. ”

“ It is important that all deliberative assemblies should have certain rules for their government in debate and for directing their method of transacting business, since without rules any large assembly might become unmanageable and therefore unable to accomplish its purpose. ”

“ But because the House of Commons has the power of dismissal in addition to the power of election, its relations to the Premier are incessant. They guide him and he leads them. He is to them what they are to the nation. He only goes where he believes they will go after him. But he has to take the lead; he must choose his direction, and begin the journey. Nor must he flinch. A good horse likes to feel the rider’s bit; and a great deliberative assembly likes to feel that it is under worthy guidance. ”

“ The issue which is raised between a deliberative assembly, elected by the votes of more than 6,000,000 people, and a deliberative assembly occupied by many men of virtue, by many men of talent, of course with considerable diversities and varieties, is a controversy which, when once raised, must go forward to an issue. Men did not know that they were listening to his last speech, but his words fell in with the eager humour of his followers around him, and he sat down amid vehement plaudits. ”

“ No one session of the assembly can interfere with the rights of the assembly at any future session, [2] unless it is expressly so provided in their Constitution, By-Laws, or Rules of Order, all of which are so guarded (by requiring notice of amendments, and at least a two-thirds vote for their adoption) that they are not subject to sudden changes, but may be considered as expressing the deliberate views of the whole society, rather than the opinions or wishes of any particular meeting. ”

“ When a question is once before the assembly it must be adopted or rejected by a vote, or be disposed of in some other way, before any other subject can be introduced except certain ones entitled to this privilege and which are therefore called privileged questions. Every member of a society should be familiar with these simple rules and customs of deliberative assemblies. Any one wishing to exert a real influence in an assembly, however, must possess a knowledge far beyond this. ”

“ While in extreme cases there is no difficulty in deciding the question as to whether the practice of Congress determines the common parliamentary law, yet between these extremes there must necessarily be a large number of doubtful cases upon which there would be great difference of opinion, and to avoid the serious difficulties always arising from a lack of definiteness in the law, every deliberative assembly should imitate our legislative bodies in adopting Rules of Order for the conduct of their business. [1]
Plan of the Work. ”

“ By general consent many things can be done that will save much time, but where the assembly is divided and contains members who are continually raising points of order, the most expeditious and safe course is to enforce strictly all the rules and forms of parliamentary law. Whenever an improper motion is made, instead of simply ruling it out of order, it is well for the Chairman to suggest how the desired object can be accomplished. ”

“ Nor can the mode of appointment by a large deliberative assembly be entitled to unqualified approbation. There are too many occasions, and too much temptation for intrigue, party prejudice, and local interests, to permit such a body of men to act, in respect to such appointments, with a sufficiently single and steady regard for the general welfare. ”

“ The will of the majority is the supreme power in all deliberative assemblies. If, therefore, any member thinks the chairman has not decided the question correctly, or in accordance with justice, or if he considers himself aggrieved by a decision of the chairman, or if any member desires to correct a decision of the chair which was hastily or erroneously made, or possibly made under undue influence, it is the privilege of any member to appeal to the assembly. The object of an appeal is to give the assembly an opportunity to correct such decision. ”

“ One of the most prolific causes of confusion in deliberative assemblies is the neglect of the chair to keep the assembly well informed as to what is the pending business. The habit of announcing the vote by simply saying that the "motion is carried" and then sitting down, cannot be too strongly condemned. Many members may not know what is the effect of the vote, and it is the chair's duty to inform the assembly what is the result of the motion's being carried or lost, and what business corner next before the assembly. ”

“ It has come to be a common practice among members of of deliberative as well as legislative assemblies to hinder the transaction of business by making use of even proper parliamentary motions for the sole purpose of delaying action of the assembly, and when such action is leading to confusion the chair would be justified in interfering. ”

“ The unfortunate habit many chairmen have of constantly speaking upon questions before the assembly, even interrupting the member who has the floor, is unjustified by either the common parliamentary law, or the practice of Congress. One who expects to take an active part in debate should never accept the chair. “It is a general rule, in all deliberative assemblies, that the presiding officer shall not participate in the debate, or other proceedings, in any other capacity than as such officer. ”

“ No one can vote on a question affecting himself; but if more than one name is included in the resolution (though a sense of delicacy would prevent this right being exercised, excepting when it would change the vote) all are entitled to vote; for if this were not so, a minority could control an assembly by including the names of a sufficient number in a motion, say for preferring charges against them, and suspend them, or even expel them from the assembly. ”

“ A majority can permit a member to speak oftener or longer whenever it is desired, and the motion granting such permission cannot be debated. However, if greater freedom is wanted, it is only necessary to consider the question informally, or if the assembly is large, to go into committee of the whole. ”

“ If the disorderly words are of a personal nature, before the assembly proceeds to deliberate upon the case both parties to the personality should retire, it being a general rule that no member should be present in the assembly when any matter relating to himself is under debate. ”

“ While it can never be used to hinder business, as long as the above rule is observed, it should not be used at all in a mass meeting, or in any other assembly whose members are not responsible to a constituency. By the Constitution, one-fifth of the members present can, in either house of Congress, order a vote to be taken by yeas and nays, and, to avoid some of the resulting inconveniences, Congress has required, for instance, that the previous question shall be seconded by a majority, thus avoiding the yeas and nays until a majority are in favor of ordering the main question. ”

“ No member can speak the second time to a question until every member choosing to speak has spoken. But an amendment, or any other motion, being offered, makes the real question before the assembly a different one, and, in regard to the right to debate, is treated as a new question. Merely asking a question, or making a suggestion, is not considered as speaking. The maker of a motion, though he can vote against it, cannot speak against his own motion. ”

“ Some societies prohibit a question from being taken from the table, except by a two-thirds vote. This rule deprives the society of the advantages of the motion ‘‘to lie on the table,’’ because it would not be safe to lay a question aside temporarily, if one-third of the assembly were opposed to the measure, as that one-third could prevent its ever being taken from the table. A bare majority should not have the power, in ordinary societies, to adopt or reject a question, or prevent its consideration, without debate. ”

“ The Standing Rules, then, comprise those rules of a society which have been adopted like ordinary resolutions, without the previous notice, etc., required for By-Laws, and, consequently, future sessions of the society are at liberty to terminate them whenever they please. No Standing Rule (or other resolution) can be adopted which conflicts with the Constitution, By-Laws or Rules of Order. [9]
↑ Sometimes a member nominates a Chairman and no vote is taken, the assembly signifying their approval by acclamation. ”

“ A Quorum of an assembly is such a number as is competent to transact its business. Unless there is a special rule on the subject, the quorum of every assembly is a majority of all the members of the assembly. But whenever a society has a permanent existence it is usual to adopt a much smaller number, the quorum being often less than one-twentieth of its members; this becomes a necessity in most large societies, where only a small fraction of the members are ever present at a meeting. ”

“ As the interests of the assembly are best subserved by allowing the floor to alternate between the friends and enemies of a measure, the Chairman, when he knows which side of a question is taken by each claimant of the floor, and their claim is not determined by the above principles, should give the preference to the one opposed to the last speaker. ”

“ So whenever during the meeting there is found not to be a quorum present, the only thing to be done is to adjourn; though, if no question is raised about it, the debate can be continued, but no vote taken, except to adjourn.
In committee of the whole the quorum is the same as in the assembly; in any other committee the majority is a quorum, unless the assembly order otherwise, and it must wait for a quorum before proceeding to business. If the number afterwards should be reduced below a quorum, business is not interrupted, unless a member calls attention to the fact ”

“ Should any one object, a formal motion becomes necessary. When the time arrives for the assembly to receive the report, the chairman of the committee reads it in his place and then delivers it to the clerk, when it lies on the table till the assembly sees fit to consider it. If the report consists of a paper with amendments, the chairman of the committee reads the amendments with the coherence in the paper, explaining the alterations and the reasons of the committee for the amendments, till he has gone through the whole. ”

“ If no limit is prescribed, any member may speak as often as he can get the floor, and as long each time as is allowed in debate in the assembly, provided no one wishes the floor who has not spoken on that particular question. Debate having been closed at a particular time by order of the assembly, it is not competent for the committee, even by unanimous consent, to extend the time. ”

“ The question of consideration is seldom raised in Congress, but in assemblies with very short sessions, where but few questions can or should be considered, it seems a necessity that two-thirds of the assembly should be able to instantly throw out a question they do not wish to consider. ”

“ The object of Rules of Order is to assist an assembly to accomplish the work for which it was designed, in the best possible manner. To do this it is necessary to restrain the individual somewhat, as the right of an individual in any community, to do what he pleases, is incompatible with the interests of the whole. Where there is no law, but every man does what is right in his own eyes, there is the least of real liberty. ”

“ While, as a general rule, free debate is allowed upon every motion, [3] which, if adopted, has the effect of adopting the original question or removing it from before the assembly for the session, yet, to prevent a minority from making an improper use of this privilege, it is necessary to have methods by which debate can be closed and final action can at once be taken upon a question. ”

“ In either case the Chair proceeds as already described in the cases of committees on resolutions [§ 46 (c) ] .
On the motion to accept the report of the committee, none can vote except those reported by the committee as having proper credentials. The committee, beside reporting a list of members with proper credentials, may report doubtful or contested cases, with recommendations, which the assembly may adopt, or reject, or postpone, etc. Only members whose right to their seats is undisputed, can vote. ”