What Makes A House Quorum?

A quorum refers to the minimum number of members of a governing body that must be present for official business to be carried out. The quorum principle is well-established in parliamentary practice, with the majority of members typically required to be present to conduct business. However, the specific number constituting a quorum can vary between different legislative bodies. For example, in the Parliament of the United Kingdom, the House of Commons has a quorum of 40 MPs out of 650 members, while in the National Council of Austria, at least one-third of the representatives must be present to decide on simple laws. Quorum requirements are essential to ensure that decisions are made with the participation of a sufficient number of members and to prevent quorum-busting tactics, where a minority group may attempt to block the adoption of measures they oppose by preventing a quorum from being met.

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Quorum-busting: a 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 to prevent a legislative body from attaining a quorum. A quorum refers to the minimum number of members that must be present for official business to be carried out. This tactic is generally used when the quorum is a supermajority, as quorums of a majority or less mean that the support of most members is sufficient for the quorum and passage.

In the Parliament of the United Kingdom, for instance, the House of Commons has a quorum of 40 MPs out of 650 members. However, there is no need for a quorum to be present at all times. Commons debates can continue even with just one MP and the Speaker. In the United States, Article I, Section 5, Clause 1 of the Constitution states that a majority of each shall constitute a quorum to do business. In 1877, the Senate amended its rules to allow the sergeant-at-arms to arrest members to prevent quorum-busting.

In Australia, the Constitution sets the quorum for sittings of the House of Representatives and the Senate at one-third of the MPs and senators, respectively. However, Parliament can change the quorum for each House through ordinary legislation. Similarly, in Hong Kong, Article 75 of the Basic Law stipulates that at least half of the members of the Legislative Council must be present for meetings, with the quorum being set at 35.

Quorum-busting has been used for centuries. For example, 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. More recently, in 2021, Democratic House Representatives in Texas fled the state to block the passage of a bill that would change voting rules. Quorum-busting can be an effective tactic, but it can also result in backlash, as seen in the case of Oregon Democratic senators who walked out in opposition to an emissions trading bill and were threatened with arrest.

Quorum definition: the minimum number of members needed to conduct official business

A quorum refers to the minimum number of members of a group or organization that must be present for official business to be carried out. The quorum is usually set by the organization's bylaws and is designed to accommodate the diversity of organizations that use parliamentary procedure.

In the United States, Article I, Section 5, Clause 1 of the Constitution provides that "a Majority of each [House] shall constitute a Quorum to do Business". This means that a majority of members must be present for the House of Representatives and the Senate to conduct official business. The quorum principle was well-established in parliamentary practice by the time of the Constitutional Convention, with some arguing for a higher requirement to prevent "hasty and partial measures".

In the Parliament of the United Kingdom, the House of Commons has a quorum of 40 MPs, including the Speaker, out of 650 members. The quorum for votes on legislation in the House of Lords is 30, but just three of the 753 peers need to be present for a debate to take place.

In the National Council of Austria, at least one-third of the representatives (33.3%) must be present to decide on a simple law, while at least half of the members (50%) must participate for a constitutional law to pass.

Quorum-busting, or walkouts, is a tactic used to prevent a legislative body from attaining a quorum, and can be employed by minority groups seeking to block the adoption of measures they oppose.

Quorum in the UK: the House of Commons has a quorum of 40 MPs out of 650

Quorum-busting, or walkouts, is a tactic used by minority groups to block the adoption of measures they oppose. This is achieved by preventing a legislative body from attaining a quorum. Quorum-busting has been used for centuries, with one notable example being Abraham Lincoln's attempt to prevent a quorum from forming by leaping out of a first-story window during his time in the Illinois Legislature in 1840.

The quorum principle, which requires a certain number of members of a governing body to be present for it to exercise its powers, was well-established in parliamentary practice by the time of the Constitutional Convention. The debate at the convention centred on where to set the quorum, with some arguing that a majority requirement would result in "great delay" and "great inconvenience." Others, including George Mason, believed that setting the quorum requirement any lower would be "dangerous" and could allow a small number of members to make laws favourable to themselves.

In the United Kingdom, the House of Commons has a quorum of 40 MPs, including the Speaker, out of 650 total members. While there is no requirement for a quorum to be present at all times, if a division is called and fewer than 40 MPs are present, the decision on the business being considered is postponed, and the House moves on to the next item. In contrast, the quorum for votes on legislation in the House of Lords is 30, but only three of the 753 peers need to be present for a debate to occur.

The quorum requirements vary across different legislative bodies. For example, in the United States, the Constitution requires a majority of members of either House of Congress to be present to conduct business. In the National Council of Austria, at least one-third of the representatives must be present to decide on a simple law, while at least half of the members must participate for a constitutional law to pass. Similarly, the large deliberative bodies of the United Nations, such as the General Assembly and the Economic and Social Council, require the attendance of one-third of the members to conduct most business but need a majority to take substantive decisions.

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Quorum in the US: the Constitution requires a majority of members to conduct business

The quorum principle, that a certain number of members of a governing body must be present for that body to exercise its powers, was well-established in parliamentary practice by the time of the US Constitutional Convention. The debate at the convention was not over whether to have a quorum requirement, but where to set it. Some felt a majority requirement was too high and would result in "great delay" and "great inconvenience" if either house consistently struggled to obtain a quorum. However, others, including George Mason, believed that setting the quorum requirement any lower would be "dangerous to the distant parts to allow a small number of members of the two Houses to make [laws]".

The US Constitution requires a majority of members to conduct business. This is known as a majority quorum provision. The Constitution leaves it up to each chamber to determine how to enforce attendance. For its first eighty years, the Senate adopted no rules to enforce attendance. It simply provided that no member may be absent without the Senate's permission and that the sergeant at arms could be sent to round up missing members, without actually arresting them.

In 1890, Speaker Thomas Brackett Reed of Maine ruled that members present in the chamber but not voting would be counted towards a quorum. This was later challenged in the case of United States v. Ballin, which provided the Supreme Court with an opportunity to construe the Constitution's quorum requirement, as well as the breadth of the House's authority to determine how the presence of a quorum is decided. The Court examined the quorum requirement, holding that "all that the Constitution requires is the presence of a majority, and when that majority are present the power of the house arises".

The quorum requirement is a constitutional requirement, and a point of order of no quorum is the only method available to a member to enforce that requirement. The Speaker has been reluctant to withhold recognition for a point of order of no quorum when raised in accordance with the rules of the House. A quorum is presumed to be present unless a point of no quorum is entertained and the Chair announces that a quorum is, in fact, not present.

Quorum in the UN: the General Assembly requires one-third of members to conduct business

A quorum refers to the minimum number of members of a governing body that must be present for official business to be carried out. The number is usually set by the organization's bylaws. In the context of the United Nations (UN), the General Assembly, one of the large deliberative bodies of the UN, requires the attendance of one-third of its members to conduct most business. This is currently 65 states out of a total of 193 member states.

The concept of a quorum is essential in ensuring that decisions are made with the participation of a sufficient number of members, preventing a small group from dominating the decision-making process. This is particularly crucial in a diverse organization like the UN, where decisions impact a wide range of countries and regions.

The quorum requirement for the UN General Assembly is lower than that for taking substantive decisions, which requires a majority of members (currently 97 states). This two-tiered approach allows for flexibility in conducting routine business while ensuring that significant choices are made with a broader consensus.

It is worth noting that quorum requirements can vary across different organizations and legislative bodies. For instance, in the Parliament of the United Kingdom, the House of Commons has a quorum of 40 MPs out of 650 members, while the House of Lords requires only three peers to be present for a debate, with 30 needed for votes on legislation. Similarly, the National Council of Austria requires one-third of representatives for simple laws but at least half for constitutional laws.

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