Malcolm Rivera
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 principle was well-established by the time of the Constitutional Convention in the late 1700s, and it continues to be a significant aspect of legislative processes today. The specific number constituting a quorum can vary and is often determined by the organization's governing documents, such as its constitution, bylaws, or standing orders. In some cases, the quorum may also be set by law. The presence of a quorum ensures that a sufficient number of members are involved in decision-making, preventing a small group from dominating and ensuring that decisions are made for the collective good. While quorum requirements can vary, they generally range from one-third to a majority of the total membership, with the majority being the most common threshold for a quorum.
| Characteristics | Values |
|---|---|
| Definition | The minimum number of members of a group necessary to constitute the group at a meeting |
| Who sets the quorum | Each assembly determines the number of members that constitutes a quorum in its governing documents (e.g. constitution, charter, bylaws or standing orders). The quorum may also be set by law. |
| Quorum in the US Senate | 51% or one-third of the whole number of MPs and senators |
| Quorum in the National Council of Austria | One-third of the representatives for simple laws; half of the members for constitutional laws |
| Quorum in the House of Commons of Canada | 20 MPs |
| Quorum in the US House of Representatives | A majority of each shall constitute a quorum to do business |
| Quorum in the Executive Board and Committee meetings | Majority of the members plus one |
| Quorum in the Board of Directors | One-third of the board members |
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What You'll Learn
Quorum requirements in the US Constitution
A quorum is the minimum number of members of a group that must be present for official business to be carried out. The quorum principle was well-established in parliamentary practice by the time of the US Constitutional Convention in the late 1700s. The debate at the time was not over whether to have a quorum requirement, but where to set it. Some argued that a majority requirement was too high and would result in "great delay" and "great inconvenience", while others believed that setting the quorum requirement any lower would be "dangerous".
The US Constitution requires a majority of each House to constitute a quorum to do business. However, a smaller number may adjourn from day to day and may be authorized to compel the attendance of absent members. Both chambers of the US Congress have the power to compel the attendance of absent members, although this procedure is rarely used in modern times.
In the US Senate, quorum-busting has occasionally been used as a disruptive tactic. In 1877, in response to proliferating filibusters, the Senate adopted rules to enforce attendance. In 1893, senators demanded the yeas and nays for a vote, but then refused to vote on the legislation, resulting in thirty-nine quorum calls but only four votes. In 1897, the Senate agreed to a procedure that ended this delaying game. In 1988, the first openly physical act of compulsion occurred when Capitol police carried Oregon Republican Senator Robert Packwood into the chamber feet first.
In the Senate, the quorum was amended down to one-quarter by the Senate (Quorum) Act 1991, so 19 senators is a quorum. This includes the occupant of the Chair and is not reduced by the death or resignation of a member or senator. If at the beginning of a sitting, the quorum is not met, the bells are rung for five minutes and a count is then taken. If the quorum is still not met, the sitting is adjourned until the next sitting day.
In other countries, quorum requirements vary. 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 if a constitutional law should pass. In Canada, the quorum for sittings of the House of Commons is 20 MPs, while in Australia, the quorum for sittings of the House of Representatives and the Senate is one-third of the whole number of MPs and senators, respectively.
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Quorum-busting in the US Senate
Quorum-busting, also known as a walkout, is a tactic used by a minority group in a legislative body to prevent it from attaining a quorum and block the adoption of a measure they oppose. Quorum-busting is virtually unheard of in Australia, but it has been used in the US Senate.
The quorum principle—that a certain number of members of a governing body must be present at a meeting for the body to exercise its powers—was well-established in parliamentary practice by the time of the US Constitutional Convention. The debate 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 believed that setting the quorum requirement any lower would be "dangerous".
The US Constitution states that a "majority" of each House constitutes a quorum to "do business". In 1890, Speaker Thomas Brackett Reed ruled that members present in the chamber but not voting would be counted toward a quorum. This was challenged in United States v. Ballin, which gave the Supreme Court the opportunity to construe the Constitution's quorum requirement. The Court held that "all that the Constitution requires is the presence of a majority, and when that majority is present the power of the house arises."
In its first 80 years, the US Senate did not adopt any 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 arresting them. The first openly physical act of compulsion did not occur until 1988, when Oregon Republican Senator Robert Packwood was carried into the chamber by Capitol police.
Quorum-busting has been used by both Democrats and Republicans in the US Senate. In 2019, Republican state senators in Oregon made a series of walkouts in opposition to an emissions trading bill. In 2021, Democratic House Representatives in Texas fled the state to block the passage of a bill that would change voting rules. In 2011, fourteen Democratic members of the Wisconsin Senate went to Illinois to bust the necessary 20-member quorum.
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Quorum in the National Council of Austria
A quorum is the minimum number of members of a group that must be present for official business to be carried out. In a deliberative assembly, a quorum is necessary to conduct the business of that group. The quorum principle was well-established in parliamentary practice by the time of the Constitutional Convention in the late 1700s.
In the National Council of Austria, the quorum requirements vary depending on the type of law being passed. For a simple law, at least one-third of the representatives must be present (a participation quorum of 33.3%). To pass a constitutional law, at least half of the members must participate (a participation quorum of 50% based on the total number of members). Additionally, constitutional laws require the consent of at least two-thirds of the members present (a quorum agreement of 66.6% based on the number of members voting).
The National Council of Austria is one of the two houses of the Austrian Parliament, often referred to as the lower house. It consists of 183 members who are elected by nationwide popular vote for a term of five years. The National Council holds significant power in Austrian governance. While the President has the theoretical right to appoint ministers and the Chancellor, the National Council can sack them, making it nearly impossible for the President to appoint a government of their choosing. As a result, Austria functions as a parliamentary democracy, with the cabinet being subject to the approval of the National Council.
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Quorum in the Australian Constitution
A quorum refers to the minimum number of members of a group that is necessary to conduct the business of that group at a meeting. In the context of the Australian Constitution, Sections 22 and 39 set the quorum for sittings of the House of Representatives and the Senate, respectively. According to Section 39, the quorum for the Australian House of Representatives was initially set at one-third of the total number of members. However, this was amended by the House of Representatives (Quorum) Act 1989, which changed the quorum to one-fifth of the total number of members. With the current House of Representatives size of 150, this means that at least 30 members are required for a quorum.
It's important to note that the quorum includes the occupant of the Chair and remains unchanged in the event of the death or resignation of a member or senator. If, at the beginning of a sitting, the quorum is not met, the bells are rung for five minutes, and a count is taken. If the quorum is still not met, the sitting is adjourned until the next sitting day. During the sitting, if an MP or senator points out the lack of a quorum, the bells are rung for four minutes, and if a quorum is still not achieved, the sitting is adjourned.
While quorum-busting is uncommon in Australia, there have been instances of parties deliberately using quorum counts as a disruptive tactic. The explicit mention of a quorum in the Australian Constitution makes it challenging to enact rules to restrict this practice. Each assembly determines the number of members constituting a quorum in its governing documents, such as its constitution, charter, bylaws, or standing orders. In some cases, the quorum may also be set by law.
The determination of a quorum can be influenced by various factors, and it is up to the assembly to decide on the specific number or percentage of members required for a quorum. In some cases, a quorum may be based on the total number of members present or the number of valid votes cast. Quorums play a crucial role in ensuring that decisions are made with a minimum level of participation and representation.
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Quorum in the Canadian Constitution
A quorum is the minimum number of members of a group required to conduct the business of that group at a meeting. In a deliberative assembly, such as a legislature, a quorum is necessary for the group to exercise its powers. Quorums are often required by traditional handbooks of parliamentary procedure, such as Robert's Rules of Order.
In Canada, the Constitution Act, 1867 sets a quorum for sittings of the House of Commons at 20 MPs, including the Speaker. This means that a minimum of 20 Members of Parliament is required for the House of Commons to conduct its business. If a member requests a count and the first count shows fewer than 20 members, bells are rung to call in the members. If, after 15 minutes, there are still fewer than 20 members, the session is adjourned to the next sitting day.
The quorum requirement for the House of Commons in Canada is similar to that of other legislatures. For example, in Australia, the Constitution sets the quorum for sittings of the House of Representatives at one-third of the whole number of MPs. Similarly, in the National Council of Austria, at least one-third of the representatives must be present to decide on a simple law.
The purpose of a quorum is to prevent the formation of an unrepresentative majority. It ensures that decisions are made by a minimum number of members, promoting fairness and validity. Quorums can also be used to set a minimum number of voters or members required for a voting committee to be valid, such as in the UK Parliament.
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Frequently asked questions
A quorum is the minimum number of members of a group that must be present for official business to be carried out.
The US Constitution requires a majority of the body to be present to constitute a quorum.
In the National Council of Austria, at least one-third of the representatives must be present to decide on a simple law. At least half of the members must be present for a constitutional law to pass.
The quorum for sittings of the House of Representatives and the Senate in Australia is set at one-third of the whole number of MPs and senators, respectively.
The Constitution Act of 1867 sets the quorum for sittings of the House of Commons of Canada at 20 MPs.
