Omar Bennett
A quorum refers to the minimum number of members of a body that must be present at meetings to legally transact business. In the United States, a simple majority of members constitutes a quorum in both the House of Representatives and the Senate. This means that at least 218 members are required in the House and 51 in the Senate. However, the number constituting a quorum can vary across different legislatures. For instance, in the Australian Senate, a quorum is reached when at least one-quarter of senators are present, while in the Canadian Senate, a quorum is set at 15 members.
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What You'll Learn
Quorum-busting in the US Senate
Quorum-busting is a tactic used to prevent a legislative body from reaching a quorum, which can be employed by a minority group to block the adoption of a measure they oppose. In the US Senate, a quorum is a simple majority of members (51 out of 100 senators).
While quorum-busting is rare in some countries, such as Australia, it has been used as a disruptive tactic in the US Senate. One example occurred in 1893 during a major filibuster when senators demanded a vote but then refused to participate, resulting in forty hours of delays. In response to this and similar incidents, the Senate agreed to a procedure in 1897 to prevent such tactics.
Another notable instance of quorum-busting in the US Senate happened in 1988 when Oregon Republican Senator Robert Packwood was physically carried into the chamber by Capitol police to establish a quorum on a campaign finance reform bill. This was the first openly physical act of compulsion used to achieve a quorum in the Senate.
More recently, in 2019, Republican state senators in Oregon made a series of walkouts to oppose an emissions trading bill, causing the governor to authorize state police to bring them back to the Capitol to meet the necessary quorum. Similarly, in 2021, Democratic House Representatives in Texas fled the state to block the passage of a bill changing voting rules, with enough members leaving to break the quorum of 51.
While quorum-busting can be an effective tool for minority groups to block legislation, it is generally only successful when a super-majority quorum is required, as a simple majority quorum can be achieved with the support of a majority of members.
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Quorum in the Senate of Canada
In Canada, the Constitution Act of 1867 sets out the requirements for a quorum in the Senate. According to the Act, a quorum of 20 Members (including the Speaker) is required "to constitute a meeting of the House for the exercise of its powers". This means that at least 20 Members must be present for a debate to resume. It is important to note that this count includes Members from both the government and opposition sides, with no specific requirements for the number of Members from each side.
The requirement for a quorum of 20 Members has been reiterated in the Standing Orders and has remained unchanged since Confederation, despite several attempts to increase it. The Usher of the Black Rod is responsible for delivering messages that require the attendance of the House in the Senate Chamber, and these messages are received by the Speaker.
It is worth mentioning that the constitutional requirement for a quorum does not apply when the House is summoned to the Senate for certain proceedings, such as Royal Assent ceremonies. In such cases, the Speaker may lead any Members present, often fewer than a quorum, to the Senate.
While the quorum for the Senate in Canada is typically set at 20 Members, there may be exceptions or variations in specific circumstances. However, the overall principle of a quorum is essential to ensure that a sufficient number of Members are present for the legitimate conduct of parliamentary business.
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Quorum in the Philippines
In the Philippines, the Congress requires half of its members to be present to constitute a quorum. This means that 13 members are needed in the Senate, and 159 in the House of Representatives. If there is a lack of quorum, a roll call is conducted, and if the majority is still not met, the meeting is adjourned.
The quorum has been used strategically by both the majority and minority blocs in Congress to defeat bills they do not agree with, without putting them to a vote. This tactic is often employed during the lame-duck session after an election, when it is notoriously difficult to muster a quorum.
In the context of corporations in the Philippines, the quorum requirement can be more flexible. While a majority of members is typically required to transact corporate business, the Securities Exchange Commission (SEC) has ruled that corporations can define what constitutes a quorum in their bylaws. For instance, a condominium corporation received approval from the SEC to lower its quorum requirement to 30% of members entitled to be represented and vote at a meeting.
It is important to note that the quorum requirement in the bylaws may not always hold. In certain instances, the Corporation Code or special laws may prescribe a higher proportion of members necessary to carry out specific corporate proposals. For example, amending the articles of incorporation typically requires a quorum of two-thirds of the members.
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Quorum in the Turkish Grand National Assembly
In the United States, a quorum in the Senate is a simple majority of its members, which currently stands at 51 senators. However, in the Turkish Grand National Assembly (GNAT), the quorum requirements differ.
The GNAT is the unicameral Turkish legislature, founded in Ankara on 23 April 1920, and it is the sole body with legislative prerogatives under the Turkish Constitution. The number of members in the GNAT, or deputies, has varied over time. In 2017, a constitutional amendment increased the number of deputies from 550 to 600. These deputies are elected for a five-year term by the D'Hondt method, a party-list proportional representation system.
According to Article 96 of the Turkish Constitution, the GNAT shall convene with at least one-third of the total number of members, which would be 184 out of 550 before the 2017 amendment and 200 out of 600 after the amendment. This is a lower proportion than the one-half majority required in the US Senate.
The GNAT's Rules of Procedures outline the legislative year, which commences on October 1 and ends on September 30. The assembly makes decisions by an absolute majority of those attending the meeting, with a minimum of one plus a quarter of the total number of members required for a majority.
In contrast to the Turkish GNAT, other countries have different quorum requirements. For example, in the Australian Senate, the quorum is one-quarter of the senators (around 19 out of 76), while in the Canadian House of Commons, the quorum is set at 20 MPs. In some cases, quorum-busting or using quorum counts as a disruptive tactic has been observed, leading to suggestions for rules to restrict this practice.
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Quorum-busting in Texas
Quorum-busting is a tradition in the U.S. Senate, where members of the Senate flee to avoid being counted for a quorum. In the U.S., a quorum is a simple majority of members in both the House of Representatives and the Senate. This currently stands at 218 in the House and 51 in the Senate.
In Texas, quorum-busting has been used by both parties. In 2003, Texas House and Senate Democrats fled the state to prevent votes on redistricting, which would favour Republicans. In response to this, Texas Republicans proposed a resolution that lawmakers out of state would not count towards a quorum. This proposal was not adopted.
In another instance of quorum-busting in Texas, members of the Texas senate fled to New Mexico to avoid being counted for a quorum. This tactic has been used throughout the history of the Senate, with senators employing filibusters to prevent the Senate from attaining a quorum.
To combat quorum-busting, the Senate has occasionally directed its sergeant-at-arms to arrest members. In 1988, Oregon Republican Senator Robert Packwood was carried into the chamber to establish a quorum on a campaign finance reform bill.
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Frequently asked questions
A quorum in the US Senate is 51 senators, which is a simple majority of the total 100 senators.
A member of the Senate can request a quorum call, following which the President directs the Secretary to open the voting machine for a roll call. If a majority of senators answer the roll call, a quorum is deemed to be present.
Quorum-busting is when members of the Senate flee to avoid being counted for a quorum. This tactic is used to delay or obstruct legislative proceedings.
A simple majority is when more than half of the members are present, while a quorum is usually a lower number, such as one-third or one-fifth of the members.
The quorum varies across different countries. For example, in Canada, the quorum for the House of Commons is set at 20 MPs, while in Germany, more than half of the members must be present to make resolutions. In the Philippines, half of the membership is needed to muster a quorum, which is 13 in the Senate and 159 in the House of Representatives.
