Omar Bennett
A quorum is the minimum number of members of a group necessary to conduct the business of that group. In the context of the United States Congress, the quorum requirement is set forth in the Constitution, which states that a majority of members of either House of Congress must be present to conduct business. This means that more than half of the members of the House of Representatives and the Senate must be present for a quorum to exist. The Constitution also provides that a minority of members may compel the attendance of absent colleagues to meet the quorum requirement. While the quorum requirement in Congress is typically a simple majority, there are some cases where a super-majority quorum is required.
| Characteristics | Values |
|---|---|
| What is a quorum? | The minimum number of members of a group necessary to constitute the group at a meeting. |
| What is a plenum? | A meeting of the full (or rarely nearly full) body. |
| What is a quorum in the US Congress? | A majority of each house shall constitute a quorum to do business. |
| Quorum-busting | A tactic that prevents a legislative body from attaining a quorum, used by a minority group seeking to block the adoption of a measure they oppose. |
| Example of quorum-busting | In 1840, Abraham Lincoln attempted to prevent a quorum from being present by leaping out of a first-story window. |
| Example of quorum-busting in the US Senate | Senators demanded the yeas and nays for a vote, but then remained silent. When the clerk called their names, a majority of members answered, but they declined to vote. |
| Example of quorum-busting in the Texas Senate | Senators fled to New Mexico to avoid being counted for a quorum. |
| Quorum in the Philippines' Congress | Half of the membership (13 in the Senate and 159 in the House of Representatives) is needed to muster a quorum. |
| Quorum in the Turkish Grand National Assembly | At least one-third of the total number of members (184 out of 550) and shall take decisions by an absolute majority of those present. |
| Quorum in the Australian Parliament | One-third of the whole number of MPs and senators (Section 22 and 39 of the Constitution of Australia). |
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What You'll Learn
- Quorum-busting: a walkout tactic to prevent a legislative body from attaining a quorum
- The US Constitution requires a majority of the body to be present to constitute a quorum
- Congress can compel the attendance of absent members to achieve a quorum
- Quorum requirements can be changed by Congress
- Quorum-busting has been used for centuries
Quorum-busting: a walkout tactic to prevent a legislative body from attaining a quorum
Quorum-busting, also known as a walkout, is a tactic used by a minority group in a legislative body to prevent a quorum from being formed, thereby blocking the adoption of measures they oppose. A quorum is the minimum number of members of a group that must be present at a meeting for it to be valid. In the context of Congress, a quorum is typically defined as a majority of members, with the Constitution requiring a majority of each House of Congress to be present to conduct business.
The tactic of quorum-busting has been used for centuries, with a notable example being Abraham Lincoln's attempt to prevent a quorum during his time in the Illinois Legislature in 1840. In recent times, there have been instances of quorum-busting in the Texas Senate, where senators fled to New Mexico to avoid being counted for a quorum. To counter quorum-busting, legislative bodies have adopted rules such as the call of the house procedure, where members who are absent without a valid excuse may be arrested and brought to the meeting.
The effectiveness of quorum-busting depends on the quorum requirement being a supermajority. In cases where the quorum is a simple majority or less, the support of a majority of members is sufficient for both the quorum and the passage of measures. Additionally, quorum-busting can be challenging due to rules and procedures that may be in place to enforce attendance and compel the participation of absent members.
In the United States Congress, quorum-busting tactics have been employed by both the majority and minority blocs to defeat bills they oppose without putting them to a vote. While quorum-busting can be a powerful tool for a minority group, it is important to note that legislative bodies may have mechanisms in place to discourage and counter such tactics.
The specific number constituting a quorum can vary depending on the legislative body and its rules. In Congress, the current requirement is for a majority of each House to be present, which can be challenging to achieve, especially after elections during the lame-duck session. In such cases, winning incumbents may opt for vacations, while defeated incumbents may choose not to show up.
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The US Constitution requires a majority of the body to be present to constitute a quorum
The requirement for a majority quorum in the US Constitution aims to balance the risk of requiring too many or too few members to establish a quorum. This majority threshold helps prevent a small group from making laws for the entire country. However, it is important to note that the Constitution does not prescribe a specific method for determining the presence of a majority, leaving it to each chamber to decide.
The majority quorum requirement has been a subject of debate and strategic manoeuvring in Congress. Both majority and minority blocs have employed quorum-busting tactics to defeat bills they oppose. In such cases, a roll call is conducted, and if there is indeed less than a majority present, the meeting is adjourned. To address quorum-busting, measures such as compelling attendance and imposing penalties for absence have been considered.
In extraordinary circumstances, such as mass incapacitation or national emergencies, discussions have emerged regarding the possibility of a provisional quorum. This temporary concept would consist of a majority of those able to respond to the calls of the House during times of crisis.
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Congress can compel the attendance of absent members to achieve a quorum
A quorum is the minimum number of members of a group that is required for the group to conduct its business. In the case of the United States Congress, a majority of members of either House of Congress must be present for it to conduct business.
The call of the house procedure is rarely used in modern Congress. Instead, Congress has adopted other rules to discourage quorum-busting, such as allowing members to vote by proxy in certain circumstances. For example, during the coronavirus pandemic, H.Res. 965 authorized the Speaker to allow members to vote by proxy when the Sergeant-at-Arms notified her of a public health emergency.
In addition, Congress has the power to penalize members for failing to attend. However, attendance at debates is not mandatory in most legislatures, and it is common for a quorum of members to be absent during debates. To address this issue, a member wishing to delay proceedings may request that the presiding officer determine whether a quorum is present. If a quorum appears to be present, the debate is allowed to continue.
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Quorum requirements can be changed by Congress
Quorum-busting, also known as a walkout, is a tactic used by a minority group to prevent a legislative body from attaining a quorum and block the adoption of a measure they oppose. In the United States, quorum-busting has been used for centuries. For instance, in 1840, Abraham Lincoln leapt out of a first-story window in a failed attempt to prevent a quorum from being present during his time in the Illinois Legislature.
In legislatures and other assemblies with the legal power to compel the attendance of their members, the call of the house procedure may be used to obtain a quorum. Both chambers of the United States Congress have the power to compel the attendance of absent members, as authorized by Article I, Section 5 of the U.S. Constitution. While this procedure is rarely used in modern Congress, it was notably employed in 1988 when Capitol police carried Oregon Republican Senator Robert Packwood into the chamber to establish a quorum on a campaign finance reform bill.
The quorum requirement can be changed by Congress through ordinary legislation. For example, the House of Representatives (Quorum) Act 1989 amended the quorum requirement in the House of Representatives down to one-fifth, resulting in a quorum of 31 MPs out of 151. Similarly, the Senate (Quorum) Act 1991 reduced the quorum in the Senate to one-quarter, establishing a quorum of 19 senators.
It is important to note that quorum requirements can vary across different legislative bodies and may be defined as a percentage of membership or a fixed number. In the United States Senate, Rule VI of its Standing Rules states that "A quorum shall consist of a majority of the Senators duly chosen and sworn." In certain cases, such as when no candidate for Vice President receives a majority in the Electoral College, a quorum in the Senate is defined as two-thirds of the whole number of Senators.
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Quorum-busting has been used for centuries
Quorum-busting, also known as a walkout, is a tactic used by a minority group to prevent a legislative body from attaining a quorum and adopting a measure they oppose. Quorum-busting has been used for centuries, with instances dating back to the Constitutional Convention in the late 1700s.
One notable example of quorum-busting occurred in 1840 when Abraham Lincoln, during his time in the Illinois Legislature, leapt out of a first-story window to prevent a quorum from being present. The doors of the Capitol had been locked to prevent legislators from leaving, but Lincoln's daring escape attempt, though unsuccessful, showcased the lengths to which individuals would go to disrupt the quorum.
Another instance of quorum-busting took place in 1893 during a major filibuster. Senators demanded a vote but then refused to participate when the clerk called their names. This resulted in multiple quorum calls but only a few actual votes, effectively delaying the legislative process.
In more recent times, quorum-busting has continued to be a strategy employed by legislators. In 2005, pro-Beijing members of the council refused to return to the chamber, forcing the meeting to be adjourned. In 2021, Democratic House Representatives in Texas fled the state to block the passage of a controversial bill, once again demonstrating how quorum-busting can impact the legislative process.
While quorum-busting can be viewed as a disruptive tactic, it is a strategy that has been utilized throughout history to influence the outcome of legislative proceedings. It is a reminder that the presence or absence of members can significantly impact the ability of a body to conduct its business and make decisions.
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Frequently asked questions
A quorum is the minimum number of members of a group necessary to constitute the group at a meeting. In the case of Congress, a majority of members constitutes a quorum.
The principle behind a quorum is that a certain number of governing members must be present at a meeting for them to pass laws.
This is disputed. While the Constitution allows each House to determine its rules of procedure, proxy votes counting toward a quorum seem to run contrary to the intent of the delegates at the Constitutional Convention.
