Roberts Rules Of Order: Overriding The Constitution?

does roberts rules of order supercede the constitution

Robert's Rules of Order is a book on parliamentary procedure designed for ordinary societies and deliberative assemblies such as mass meetings, local clubs, and legislative bodies. While organizations may adopt Robert's Rules of Order as their parliamentary authority, it can be superseded by other rules, including conflicting provisions in applicable laws, the corporate charter, the constitution, and bylaws. The current edition, Robert's Rules of Order Newly Revised, Twelfth Edition, supersedes all previous editions and automatically becomes the parliamentary authority for organizations that do not specify a particular edition in their bylaws.

Characteristics Values
Applicability Designed for ordinary societies and law-making bodies at the local level
Superseded by Conflicting provisions in applicable law, the corporate charter, the constitution, or bylaws, and special rules of order
Supersedes Previous editions of Robert's Rules of Order
Other rules An organization may adopt its own rules that supersede Robert's Rules of Order

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Robert's Rules of Order Newly Revised supersedes all previous editions

The Twelfth Edition of Robert's Rules of Order Newly Revised (RONR) was released in September 2020. It supersedes all previous editions and automatically becomes the parliamentary authority for organizations whose bylaws prescribe any of the following: "Robert's Rules of Order", "Robert's Rules of Order Revised", "Robert's Rules of Order Newly Revised", or "the current edition of" any of these titles.

The Twelfth Edition addresses common misunderstandings of the rules, such as when the president can vote, whether ex-officio members can vote, the definition of a majority, how abstentions affect the vote, a "friendly amendment", "calling the question", "tabling" a motion, getting items on the agenda, and the contents of minutes. It is important to note that organizations may be governed by other rules that supersede these "default" rules, including conflicting provisions in applicable law, the corporate charter, the constitution or bylaws, and special rules of order.

Even if an organization has adopted Robert's Rules of Order, it can still adopt its own rules, which supersede any rules in the book. This edition is designed for ordinary societies, but it has also found application in law-making bodies at the local level, such as city councils or county commissions. These bodies are subject to open meeting laws (Sunshine laws) and other applicable laws, which supersede any conflicting provisions in the book.

The Twelfth Edition of Robert's Rules of Order Newly Revised is the official handbook and the recognized guide to smooth, orderly, and fairly conducted meetings. It includes new and enhanced features such as section-based paragraph numbering, helpful summary explanations, new provisions regarding debate on nominations, and dozens of clarifications, additions, and refinements to improve the presentation of existing rules, incorporate new interpretations, and address common inquiries.

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Rules in the book may be subordinate to conflicting provisions in the constitution

Robert's Rules of Order is a book on parliamentary procedure designed for ordinary societies. It is intended to be a comprehensive manual, but it can be confusing for those unfamiliar with its structure. The book is applicable to deliberative assemblies such as mass meetings, local assemblies of organized societies, conventions, legislative bodies, and boards.

While Robert's Rules of Order can be adopted by organizations as their guiding document, it is important to note that certain rules within the book may be subordinate to other specified rules. This includes any conflicting provisions in applicable law, the corporate charter, the constitution, or bylaws, and special rules of order. In other words, the rules in the book may be overridden by other rules or laws that an organization or body adheres to.

For example, an organization's bylaws may state that Robert's Rules of Order Newly Revised governs the conduct of meetings. However, this does not mean that Robert's Rules of Order supersedes all other rules or laws that the organization follows. If there is a conflict between a rule in Robert's Rules of Order and a provision in the organization's constitution, the constitution would take precedence.

Additionally, even if an organization has adopted Robert's Rules of Order, it can still adopt its own rules, which would supersede any rules in the book. This means that Robert's Rules of Order does not supersede the constitution or other applicable laws. Instead, it serves as a guide for organizations to follow, with the understanding that their specific context and other rules may modify or override certain default rules in the book.

It is worth noting that Robert's Rules of Order has been updated over time, with the current edition, titled "Robert's Rules of Order Newly Revised, Twelfth Edition," effective as of September 1, 2020. This edition supersedes all previous editions and is intended to be the parliamentary authority for organizations that prescribe to any edition of Robert's Rules of Order without specifying a particular version.

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Law-making bodies at the local level function similarly to boards of societies

Robert's Rules of Order is a book designed for the ordinary societies that guides the functioning of law-making bodies at the local level, such as a city council or a county commission. These local law-making bodies function similarly to the boards of societies. The book has found application in such bodies, which are also subject to open meeting laws (Sunshine laws) and other applicable laws, all of which supersede any conflicting provisions in the book.

The central legislative body in a county government is typically a board of "commissioners" or "supervisors", which meets regularly and is responsible for enacting county ordinances, approving the county budget, and setting certain tax rates. City councils, on the other hand, may adopt features of other systems to increase their political responsiveness and improve their management capabilities.

Law-making bodies at the local level, such as city councils or county commissions, have legislative responsibilities and are considered deliberative assemblies. They discuss and debate issues of major importance to society, and their members, known as legislators, vote on proposed laws. These legislators are usually popularly elected, although indirect election methods are also used in some cases.

While legislatures have the nominal power to create laws, the extent of this power depends on the political system. For example, in Westminster-style legislatures, the executive branch can pass laws with the support of the majority. In contrast, committee-based legislatures in continental Europe and presidential systems in the Americas have more independence in drafting and amending bills.

In terms of structure, a legislature can have multiple separate assemblies or chambers, such as legislative chambers, debate chambers, and houses, which debate and vote separately. The number of members or "seats" in a legislature can vary, and these members may be protected by parliamentary immunity or privilege during their term.

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An organization may have its own rules that supersede Robert's Rules of Order

Robert's Rules of Order is a manual of parliamentary procedure that governs most organizations with boards of directors. It was first published in 1876 as an adaptation of the rules and practices of the United States Congress for non-legislative societies. It is the most widely used manual of its kind in the United States.

The Twelfth Edition of Robert's Rules of Order, which became effective on September 1, 2020, supersedes all previous editions. It automatically becomes the parliamentary authority in organizations whose bylaws prescribe "Robert's Rules of Order" without specifying a particular edition.

However, an organization may have its own rules that supersede Robert's Rules of Order. In cases where an organization's bylaws refer to Robert's Rules of Order, certain rules in the book may be subordinate to other specified rules, including conflicting provisions in applicable law, the corporate charter, the constitution or bylaws, and special rules of order. An organization can adopt its own rules, which supersede any rules in Robert's Rules of Order. The only limitations might come from the rules in a parent organization or from national, state, or local law.

For example, Robert's Rules of Order states that each speaker may speak twice for up to 10 minutes. However, organizations can create a Special Rule to modify the time and the number of opportunities for someone to speak. Special Rules supersede Robert's Rules of Order and can be created or amended with a Main Motion and either previous notice and a two-thirds vote or a vote of a majority of the entire membership. Standing Rules, on the other hand, are subordinate to the bylaws and cannot contradict them or any laws or administrative codes that govern the organization. They are related to the administration of a society rather than parliamentary procedure.

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Other rules may supersede those in the current edition of Robert's Rules of Order

Robert's Rules of Order is a book that outlines America's foremost guide to parliamentary procedure. It is used by several professional associations, fraternal organisations, and local governments. The current edition, Robert's Rules of Order Newly Revised, Twelfth Edition, supersedes all previous editions and is the parliamentary authority for organisations whose bylaws prescribe any of the previous editions.

However, it's important to note that other rules may supersede those in the current edition of Robert's Rules of Order. For example, if an organisation's bylaws or other governing documents refer to "Robert's Rules of Order", certain rules in the book may be subordinate to other specified rules, including conflicting provisions in applicable laws, the corporate charter, the constitution or bylaws, and special rules of order.

Even if an organisation has adopted Robert's Rules of Order, it can still adopt its own rules, which take precedence over any rules in the book. These rules could include a corporate charter, a constitution or bylaws, rules of order (special rules of order and parliamentary authority), standing rules, and customs. The only limitations might arise from the rules in a parent organisation or from national, state, or local laws.

For instance, law-making bodies at the local level, such as a city council or a county commission, are subject to open meeting laws (Sunshine laws) and other applicable laws, which supersede any conflicting provisions in Robert's Rules of Order. Similarly, legislative bodies at the state or national level follow their own set of rules, such as Mason's Manual of Legislative Procedure.

Furthermore, certain misunderstandings or ambiguities regarding the rules in the current edition of Robert's Rules of Order Newly Revised may be clarified or superseded by the official interpretations provided by the authors on the Robert's Rules Association website. These interpretations address frequently asked questions and aim to provide accurate guidance on parliamentary law.

Frequently asked questions

Robert's Rules of Order Newly Revised is a book on parliamentary procedure. It is America's foremost guide to parliamentary procedure and is used by more professional associations, fraternal organizations, and local governments than any other authority.

No, Robert's Rules of Order does not supersede the Constitution. Even if an organization has adopted Robert's Rules of Order, it can still adopt its own rules, which supersede any rules in this book. The only limitations might come from the rules in a parent organization or from national, state, or local law.

Some fundamental principles upon which the book is based include: one question at a time, one person, one vote, and a vote being limited to members present.

Some common misunderstandings involve when the president can vote, whether ex-officio members can vote, the definition of majority, how abstentions affect the vote, and what constitutes a "friendly amendment".

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