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original paragraph, comprehending what has been inserted, provided the coherence to be struck out be so substantial as to make this effectively a different proposition.-Manual, p. 159.
If it is proposed to amend by striking out a paragraph, the friends of the paragraph are first to make it as perfect as they can, by amendments, before the question is put for striking it out.-Manual, p. 158. But (contrary to the parliamentary practice) if on the question it be retained, neither amendment nor a motion to strike out and insert shall be precluded thereby, and a motion to strike out and insert is indivisible.-RULE XVI, clause 7. (See STRIKE OUT, MOTION TO.)
Where a member obtains the floor in his right he has then the right to offer an amendment. Record, 1, 49, p. 204 (December 15, 1885). Provided, of course, an amendment is in order.
After a proposition is amended it can not be withdrawn.RULE XVI, clause 2. (Nor after the previous question is ordered.) It may, however, be withdrawn while the House is dividing on a demand for the previous question.-Journal, 2, 29, p. 241.
An amendment is not in order to change the text of a bill which has passed both Houses.-Journal, 2, 48, p. 719.
Amendments reported from a committee have precedence over other amendments, and when reported with the bill are considered and treated as pending amendments, without respect to the limitation prescribed in RULE XIX.
A motion to amend can not be modified after the previous An amendment proposing to ingraft a general provision of law upon a private bill is against order.-Journal, 1, 31, p. 784, or having the effect to convert a private into a public bill (or vice versa).-Journal 1, 48, pp. 761, 762. It is also out of order to ingraft upon a bill for he relief of one individual a provision for the relief of another.-Journal, 2, 32, p. 414.
Nor can a private bill be converted into a public bill by way of recommitment.-Journal, 1, 49, p. 571; Ibid., pp. 702, 703. For the reason that the House can not do indirectly that which it can not do directly.
Nor can a House bill be substituted (except by unanimous consent) for a Senate bill or vice versa.
No motion or proposition on a subject different from that
under consideration shall be admitted under color of amendnent-RULE XVI, clause 7.
While a large portion of a proposed amendment may be identical with some of the provisions stricken out of a pending bill (or rejected as an amendment), it is not the identical proposition previously voted on.-Journal, 2, 48, p. 191.
An amendment by way of substitute for a pending bill can rot be amended by offering as a further substitute the original proposition.-Record, 2, 50, Jan. 18, 1889, p. 984.
if an amendment be proposed inconsistent with one already agreed to, it is a fit ground for its rejection by the House, but not vithin the competence of the Speaker to suppress as if it were against order.-Manual, p. 157.
Onan amendment being moved, a member who has spoken to the main question may speak again to the amendment.Manul, p. 157.
Whenever any portion of a proposition reported or submitted is out of order (either as an entirety or by way of amendment) it is sufficient ground for the rejection of the entire proposition.-ournal, 1, 47, p. 1704.
And his is often done by the Chair in sustaining a "point of order"
A resdution of the House can not be amended so as to be convertel into a Joint Resolution.-Journal, 1, 32, p. 679.
An amendment to the rules can not be considered without one day'sıotice- RULE XXVIII, clause 1-nor, without a similar notice is it in order to offer an amendment the effect of which is o change a standing rule.-Journal, 1, 17, p. 282. And it is 'irtually an amendment of the rules to impose other duties up an officer of the House than those already prescribed. Journal, 1, 31, p. 456.
An amadment reported from the Committee of the Whole as an entre amendment is not divisible.-Journal, 1, 28, p. 1061; 1, 2, pp. 366, 612; 1, 30, p. 1059; 2, 30, p. 574. Nor is an amendment of the Senate divisible.-Journal, 2, 32, p. 401. It is, howeer, subject to the point of order that under RULES XX and XXIII, clause 3, it must be first considered in the Committee of the Whole House.
After the bill has been reported from the Committee of the
Whole with amendments it is in order to submit an additional amendment, but the first question put is upon the amendment reported. - Journal, 1, 29, p. 865. That is, if the previous ques tion be not ordered. The demand for the previous question would also cut off amendment. If, in Committee of the Whole an amendment is adopted, and subsequently the paragraph a amended is struck out, the amendment striking out is the onl one to be reported to the House. And if the latter is voted down in the House, the first amendment is not thereby revived.-Journal, 2, 31, p. 346.
[RULE XXI, clause 2, so far as relates to amendments offerd, under the later practice of the House is enforced with mich strictness.] (See APPROPRIATION BILLS and also LIMITATIONS.)
It is not in order to amend a pending privileged propoition by adding instructions to a committee on a subject or natter not privileged and not germane to the original propositon.— Journal, 1, 48, p. 389; 2, 48, p. 546.
A motion to commit under clause 1, RULE XVII, vith or without instructions, is subject to amendment under RULE XIX, unless precluded by ordering the previous quesion on the motion to commit.-Journal, 1, 48, p. 1430.
An amendment proposed to an amendment of the Senate must be germane to that amendment, and can not b held in order on the ground that it is germane to the subject-atter of the pending bill, for the reason that the text of the bil, except as amended by the Senate, is not again open to amendment by the House.-Journal, 1, 48, pp. 1653, 1654.
AMENDMENTS BETWEEN THE TWO HOUSE.
Any amendment of the Senate to any House bill shll be subject to the point of order that it shall first be consideed in the Committee of the Whole House on the state of theUnion, if, originating in the House, it would be subject to tht point.RULE XX.
Until the adoption of this rule in the revision of the rules (2d session 46th Congress) the practice in regard to amend ments of the Senate was not uniform, the majority if decisions being, however, in harmony with the above rule.
When either house, e. g., the House of Representatives, sends a bill to the other, the other may pass it with amendments. The regular progression in this case is: that the House disagree to the amendment; the Senate insist on it; the House insist on their disagreement; the Senate adhere to their amendment; the House adhere to their disagreement.-Manual, p. 174.
"Either house may recede from its amendment and agree to the bill; or recede from their disagreement to the amendment, and agree to the same absolutely, or with an amendment."Manual, p. 174. And a motion to recede takes precedence of a motion to insist.-Journals, 1, 23, p. 229; 1, 29, p. 696. "But the House can not recede from or insist on its own amendment with an amendment. * They may modify an amendment from the other house by ingrafting an amendment on it." Manual, p. 174.
"A motion to amend an amendment from the other house takes precedence of a motion to agree or disagree. A bill orig inating in one house is passed by the other with an amendment. The originating house agree to their amendment with an amendment. The other may agree to their amendment with an amendment, that being only in the second and not the third degree; for, as to the amending house, the first amendment with which they passed the bill is a part of its text; it is the only text they have agreed to."-Ibid, p. 175. Amendments of the Senate to bills of the House making appropriations of money are (by RULE XX) subject to the requirements and restrictions of RULE XXIII, clause 3, i. e. that they must be considered in the Committee of the Whole House. (See decision of Speaker Carlisle, Journal, 1, 48, pp. 1657, 1658; see, also, decision of Speaker Carlisle, Journal, 2, 50, p. 667.)
"In the ordinary parliamentary course there are two free conferences, at least, before an adherence-Manual, p. 177; Journals, 1, 34, p. 943; 1, 35, p. 1136-although either house is free to pass over the term of insisting and to adhere in the first instance; but it is not respectful to the other.-Manual, p. 176. A motion to insist, however, takes precedence of a motion to adhere."-Journa! 1, 34, pp. 1518, 1526. (See CONFERENCE COMMITTEES.)
282 AMENDMENTS TO CONSTITUTION—ANNALS OF CONGRESS.
After one house has adhered, the other may recede-Journals, 1, 1, pp. 113, 114; 1, 2, p. 152; 1, 8, pp. 671, 673—or ask a conference, which may be agreed to by the adhering house.Journals, 1, 1, pp. 156, 157; 1, 3, pp. 281, 283; 1, 35, pp. 604, 615, 620. (See ADHERE, MOTION TO.)
An amendment proposed to an amendment of the Senate must be germane to that amendment, and can not be held in order on the ground that it is germane to the subject-matter of the pending bill, for the reason that the text of the bill, except as amended by the Senate, is not again open to amendment by the House.-Journal, 1, 48, pp. 1653, 1654.
AMENDMENTS TO THE CONSTITUTION.
The manner in which amendments to the Constitution may be proposed and ratified is provided in Article V, which see (p. 22).
ANNALS OF CONGRESS.
"The Annals of Congress" were published from 1789 to 1824, and consist of 42 volumes octavo.
Table showing the contents of the several volumes comprising the Annals of
*a Vol. 2 contains also proceedings of Senate from Dec. 3. 1798, to March 2, 1799. fb Vol. 3 contains House proceedings from Dec. 3, 1798, to March 3, 1799, and appendix.