Eleanor Finch
Quorum requirements vary across different legislative bodies. In the US, a majority of each chamber is required to constitute a quorum, though the Constitution does not dictate the method by which the presence of a quorum is proven. The House of Representatives previously required 15 members out of 99 to form a quorum, but this was abolished in 1996. In 2005, the House voted to adopt a rule allowing for a provisional quorum in the event of catastrophic circumstances, which some argued could allow as few as two members to constitute a quorum. In the Minnesota House of Representatives, 68 members are required for a quorum, while the National Council of Austria requires at least one-third of representatives to be present. In India, the quorum is set at 10% of the total number of members, and in Pakistan, it is one-fourth of the total membership.
| Characteristics | Values |
|---|---|
| Minimum number of members required for a quorum in the House of Representatives | A majority of members, or a smaller number in certain circumstances |
| Methods of determining a quorum | Visual observation, roll call, or other methods determined by the House |
| Quorum requirements in other countries | Varies, e.g. one-third in Australia, 10% in India, half in the Philippines |
| Quorum requirements in U.S. states | Varies, e.g. 68 in Minnesota |
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What You'll Learn
Quorum requirements vary across countries
The number of members that constitute a quorum varies across different countries. In the United States, a majority of members of each house is required to constitute a quorum to do business, according to Article I, Section 5 of the U.S. Constitution. This was upheld by the Supreme Court in United States v. Ballin (1892), which declared that the "authority of the House to transact business is created by the mere presence of a majority".
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. Additionally, constitutional laws require the consent of at least two-thirds of the members present (66.6%).
Canada's Constitution Act of 1867 sets the quorum for sittings of the House of Commons at 20 MPs. If a member requests a quorum count and there are fewer than 20 members, bells are rung to call them in. If, after 15 minutes, there are still fewer than 20 members, the session is adjourned until the next sitting day.
The Constitution of India stipulates that at least 10% of the total number of members of the House must be present to constitute a quorum. For example, if the House has 250 members, at least 25 must be present for proceedings to take place.
In Australia, the quorum for sittings of the House of Representatives is set at one-third of the whole number of MPs, which can be amended by ordinary legislation.
Other countries, such as Hong Kong and Turkey, also have specific quorum requirements for their legislative bodies.
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Quorum requirements can be changed
The US Constitution requires a majority of the body to be present to constitute a quorum. This has been the case since a ruling in 1890, later embodied in Rule XV of the House, which stated that members present in the chamber but not voting would be counted. This was upheld by the Supreme Court in United States v. Ballin (1892). However, prior to 1890, it was necessary for a majority of members to vote on a proposition to satisfy the quorum requirement.
In the case of a death, the Speaker may lay before the House documentation from Federal, State, or local officials. Clause 5(c) of Rule XX provides for the calculation of a "provisional" quorum in the event that catastrophic circumstances prevent members from responding to a quorum call. Such circumstances include natural disasters, attacks, contagion, or similar calamities. In such cases, members who are able to respond to a call constitute the "provisional number of the House", and a quorum is determined on this basis.
In other countries, quorum requirements have also been changed. For example, in Australia, the House of Representatives and Senate set the quorum for sittings at one-third of the whole number of MPs and senators, respectively. However, in 1989, Parliament amended the quorum for the House of Representatives down to one-fifth, or 31 MPs. Similarly, in 1991, the Senate's quorum was amended down to one-quarter, or 19 senators.
In New Zealand, the House's previous requirement for a quorum of 15 members in a House of 99 members was abolished in 1996. In the German Bundestag, more than half of the members (369 out of 736) must be present to make resolutions. However, it is common for fewer members to be present, as they can still make effective decisions as long as no parliamentary group or 5% of members of parliament are complaining about the lack of quorum.
The quorum requirements can also be set by the organization's bylaws, which can be changed. For example, the Society of Critical Care Medicine, a California nonprofit, lists its quorum requirements in its bylaws as 75 members eligible to vote. However, specific items may still be voted on even if the quorum is not met.
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Quorum requirements can be challenged
However, the Constitution does not prescribe a method for determining the presence of such a majority, and it is within the competency of the House to prescribe any method that is reasonable. The Speaker of the House has the authority to issue a warrant of arrest for absent members, but this is rarely used in modern Congress.
In the case of a challenged quorum, a roll call shall be done, and if there is indeed less than a majority of members present, the meeting shall be adjourned. This tactic has been used by both majority and minority blocs in Congress to defeat bills that they do not want to be passed without a vote.
In other countries, quorum requirements also vary. For example, in the National Council of Austria, at least one-third of the representatives must be present to decide on a simple law, while half of the members must participate for a constitutional law to pass. In Canada, the Constitution Act of 1867 sets the quorum for sittings of the House of Commons at 20 MPs. In the Philippines, half of the membership is needed to muster a quorum.
In Australia, the quorum for the House of Representatives was amended by the House of Representatives (Quorum) Act 1989 to one-fifth of the whole number of MPs, meaning that out of 151 MPs, 31 MPs are required for a quorum.
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Quorum-busting is a tactic to prevent 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 and block the adoption of a measure they oppose. Quorum-busting is more likely to occur when the quorum is a supermajority, as quorums of a majority or less of the membership mean that the support of a majority of members is always sufficient for the quorum and its passage.
In the United States, quorum-busting has been used for centuries. For example, in 1840, Abraham Lincoln attempted to prevent a quorum from being present by leaping out of a first-story window during his time in the Illinois Legislature. In 1893, senators demanded the yeas and nays for a vote, but then refused to vote, resulting in thirty-nine quorum calls but only four votes. In 2011, fourteen Democratic members of the Wisconsin Senate travelled to Illinois to bust the necessary 20-member quorum.
In Australia, quorum-busting is virtually unheard of, although it is not unknown for parties to deliberately use quorum counts as a disruptive tactic. In 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.
In the Philippines, half of the membership is needed to muster a quorum, while in India, at least 10% of the total number of members of the House must be present to constitute a quorum.
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A majority constitutes a quorum
Quorum refers to the minimum number of members of a group or organization who must be present for official business to be carried out. In the context of the House of Representatives, the quorum requirement varies across different countries.
In the United States, the concept of a quorum in the House of Representatives is addressed in Article I, Section 5, Clause 1 of the Constitution, which states that "a Majority of each [chamber] shall constitute a Quorum to do Business." This means that more than half of the members of the House of Representatives need to be present for official proceedings to take place. The specific number may vary depending on the total number of members in the House, but the principle of a majority constituting a quorum remains consistent.
The determination of a quorum in the House of Representatives has been a subject of legal debate and interpretation. In the case of United States v. Ballin (1892), the Supreme Court affirmed that the presence of a majority of members is sufficient to constitute a quorum. The Court granted deference to the House in deciding how to determine the presence of a majority. This ruling established the authority of the House to transact business when a majority of members are present, regardless of whether they all participate in voting.
In other countries, the quorum requirement for their respective houses of representatives may differ. For example, in Australia, the quorum for the House of Representatives is set at one-third of the total number of MPs, while in India, the quorum is set at a minimum of 10% of the total number of members. These variations in quorum requirements demonstrate the flexibility in defining the term "quorum" to suit the specific needs and procedures of different legislative bodies.
It is important to note that the absence of a quorum can have significant implications for legislative proceedings. In some cases, the lack of a quorum may result in the adjournment of meetings or the postponement of votes. Additionally, quorum requirements help ensure that decisions are made with the participation of a substantial portion of the legislative body, promoting inclusivity and representation in the democratic process.
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Frequently asked questions
A quorum is the minimum number of members that must be present for a meeting or legislative chamber to be considered valid.
A majority of the whole number of the House constitutes a quorum. In 2005, the House voted to adopt a rule that would allow for a provisional quorum in the event of catastrophic circumstances. This rule states that a quorum can be formed with as few as two members.
Catastrophic circumstances include "natural disaster, attack, contagion or similar calamity rendering Representatives incapable of attending the proceedings of the House."
The definition of a quorum varies across different countries. For example, in Australia, the quorum for the House of Representatives is one-fifth of the total number of MPs. In India, a quorum is reached when at least 10% of the total number of members of the House are present.
