Eleanor Finch
Quorum-busting, or walkouts, is a tactic used by minority groups to block the adoption of measures they oppose by preventing 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 minimum number is usually set by the organization’s bylaws. In government, a quorum is the minimum number of legislators or members required to be present for a legislative body to conduct official business and make valid decisions. Quorum requirements vary across different countries and legislative bodies. For example, in the United States Congress, a majority of each chamber constitutes a quorum (51 in the Senate and 218 in the House of Representatives), while in the Parliament of the United Kingdom, the House of Commons has a quorum of 40 MPs, including the Speaker, out of 650 members.
| Characteristics | Values |
|---|---|
| Minimum number required | Varies, but can include the whole number of MPs or senators, or a majority/super-majority of members |
| Purpose | To ensure sufficient representation and prevent a small minority from taking action without oversight |
| Rules | Set by the organisation's bylaws, or in the case of governments, the constitution |
| Consequences of not meeting quorum | Decisions made are not legally valid and must be voted on again when quorum is met |
| Quorum-busting | A tactic to prevent a quorum from being met, often used by minority groups to block decisions |
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What You'll Learn
Quorum-busting
The practice of quorum-busting has been used for centuries. For example, in 1840, Abraham Lincoln attempted to prevent a quorum from being present by jumping out of a first-story window during his time in the Illinois Legislature. More recently, members of the Texas Senate fled to New Mexico to avoid being counted for a quorum.
Legislative bodies have adopted rules to discourage quorum-busting, such as the 'call of the house'. In the United States, the Constitution provides that a minority of members may "compel" absent colleagues to attend, although it leaves it up to each chamber to determine how this is done. The Senate has occasionally directed its sergeant-at-arms to arrest members, and in 1988, Oregon Republican Senator Robert Packwood was carried into the chamber by Capitol police in an attempt to establish a quorum.
In the United Kingdom, the House of Commons has a quorum of 40 MPs, including the Speaker, out of 650 members. If a division is called and fewer than 40 MPs are present, a decision on the business being considered is postponed, and the House moves on to the next item. The quorum for the House of Lords is 30, but only three of the 753 peers need to be present for a debate to take place.
In Australia, the quorum for the House of Representatives is one-fifth of the total number of MPs, or 31 MPs, while the quorum for the Senate is one-quarter, or 19 senators.
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The minimum number of members
The number of members that constitute a quorum varies depending on the legislative body and is typically defined in the organization's bylaws or legislation. For example, in the United States Congress, the Constitution specifies that a majority of each chamber (51 in the Senate and 218 in the House of Representatives) constitutes a quorum. In the United Kingdom, the House of Commons has a quorum of 40 MPs, including the Speaker, out of 650 members of the House.
In some cases, the quorum may be set as a percentage of membership. For instance, 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 membership to conduct most business. Similarly, the German Bundestag requires more than half of its members (369 out of 736) to be present to make resolutions.
It is important to note that the absence of a quorum does not necessarily halt proceedings. For example, in the United Kingdom, Commons debates can continue even if only one MP and the Speaker are present. However, 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.
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Quorum in the House of Commons
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Quorum in the United Nations
The quorum requirements for decision-making bodies in the United Nations vary depending on the specific body and the nature of the decisions being made.
For the United Nations Board of Auditors, a quorum consists of two members. While a member is not bound by decisions made in their absence, they can make their views known through various means, including in writing or through their representative.
In the case of the Commission, subcommission, or subsidiary body, a quorum is constituted by two-thirds of the members. The Chairperson plays a crucial role in overseeing the proceedings, ensuring compliance with the rules, and managing the discussion.
According to UNCLOS (United Nations Convention on the Law of the Sea) Part XI, Section 4, a majority of the members constitutes a quorum for both the Assembly and the Council. Each member of these bodies holds one vote. Decisions on procedural matters are made by a majority of the members present and voting, while decisions on substantive issues require a two-thirds majority, including a majority of the members of the respective body.
It is important to note that the specific rules and procedures may vary across different bodies and committees within the United Nations, and it is always advisable to refer to the specific rules and regulations governing each entity.
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Quorum in the United States
Quorum-busting, also known as a walkout, is a tactic used to prevent a legislative body from attaining a quorum. This can be used by a minority group to block the adoption of a measure they oppose. In the context of board meetings, a quorum is the minimum number of board members eligible to vote before the board can conduct any business. The quorum ensures that decisions are made with sufficient representation and prevents a small minority from taking action without input from the broader legislative body.
In the United States, the Constitution specifies that a majority of each chamber constitutes a quorum. This means 51 in the Senate and 218 in the House of Representatives. The United States Congress has the power to compel the attendance of absent members, although this is rarely used in modern Congress. Quorum-busting has been used throughout US history, with senators employing tactics to keep the Senate from attaining the 51% quorum required to conduct business.
The practice of quorum-busting dates back to the Constitutional Convention in the late 1700s. In 1877, in response to filibusters, the Senate agreed to a procedure that effectively ended this delaying game. In 1893, senators demanded the yeas and nays for a vote but then refused to vote. This produced 39 quorum calls but only four votes. In 1897, the Senate agreed to a procedure that ended this tactic.
In 1988, the first openly physical act of compulsion occurred when Capitol police carried Oregon Republican Senator Robert Packwood into the chamber to establish a quorum on a campaign finance reform bill. Quorum-busting continues to be used in the 21st century, with members of the Texas Senate fleeing to New Mexico to avoid being counted for a quorum.
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Frequently asked questions
A quorum is the minimum number of group or organization members that must be present for official business to be carried out.
The House of Commons in the UK requires a quorum of 40 MPs, including the Speaker, out of 650 members of the House.
The House of Commons in Canada requires a quorum of 20 MPs.
The US Senate requires a quorum of 51 senators.
