Omar Bennett
Quorum-busting is a tactic used by members of a legislative body to prevent the required minimum number of members from being present, thus preventing official business from being carried out. In the United States Congress, a simple majority (51% in the Senate and 218 in the House of Representatives) is required for a quorum. This is in contrast to the Texas Constitution, which requires a 2/3 majority in each chamber for a quorum. Quorum requirements vary across organizations and can be set as a percentage of membership or a fixed number, with the specific percentage or number typically outlined in the organization's bylaws or governing documents.
| Characteristics | Values |
|---|---|
| Minimum number of members required | 51 in the Senate, 218 in the House of Representatives |
| Percentage | 51% |
| Fixed number | Yes |
| Custom percentages | 60%, 66.67% (two-thirds), 75% |
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What You'll Learn
Quorum-busting: a tactic used 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 to block the adoption of a measure they oppose. Quorum-busting has been used for centuries, with one notable instance involving Abraham Lincoln, who, in 1840, leapt out of a first-story window to avoid being part of a quorum in the Illinois Legislature.
In the United States, the Constitution grants each chamber the authority to determine how to compel absent colleagues to attend and achieve a quorum. While the Constitution initially relied on the honour system for senators to report themselves, this changed over time. In 1988, for instance, Oregon Republican Senator Robert Packwood was carried into the chamber by Capitol police to establish a quorum.
Quorum-busting tactics can vary and be disruptive. In 1893, during a filibuster, senators demanded a vote but refused to participate when the clerk called their names. This resulted in multiple quorum calls but only a few votes. In another instance, in 2003, Texas House Democrats, anticipating defeat, took a plane to Oklahoma to prevent a quorum and block a controversial bill.
To counter quorum-busting, legislative bodies have adopted rules such as the "call of the house." This procedure involves the clerk calling the roll of members and absentees, with unexcused members being arrested and brought in, potentially facing a fee. Despite these measures, quorum-busting remains a tactic employed to influence legislative outcomes.
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Call of the House: a procedure to obtain a quorum
In the United States, a simple majority is required in the chamber of Congress for a quorum to be present.
The "Call of the House" is a procedure that can be used to obtain a quorum in legislatures and other assemblies that have the authority to compel the attendance of their members. This procedure is authorized by Article I, Section 5 of the U.S. Constitution and is rarely used in modern Congress.
When a "Call of the House" is ordered, the following steps are typically taken:
- Roll Call: The clerk calls the roll of members and then lists the names of absentees.
- Arrest of Absentees: Members who are absent without an excused reason may be arrested and brought to the chamber. In the past, the sergeant-at-arms or other designated officials would be tasked with locating and bringing back absent members.
- Fees and Fines: Arrested members may be charged a fee or fined for their absence.
- Minimum Participation Requirements: Certain procedures or votes may have specific minimum participation requirements. For example, a personal vote in Congress requires at least 20 participating members.
- Adjournment: If a quorum is still not met after the "Call of the House," the meeting may need to be adjourned or postponed until a quorum is achieved.
It is important to note that quorum requirements and procedures can vary across different legislative bodies and countries. For example, in the Australian Parliament, the quorum for the House of Representatives is set at one-fifth of the total number of MPs, while the quorum for the Senate is set at one-quarter of the total number of senators.
The "Call of the House" procedure is an important tool to ensure that a quorum is met and that legislative business can be conducted. While quorum-busting or walkouts have been employed as tactics to prevent a quorum, the "Call of the House" serves as a countermeasure to ensure the functioning of the legislative process.
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Quorum protocol: the importance of following it
Quorum protocol is an essential aspect of governance and decision-making processes. It refers to the minimum number of members or a percentage of membership required to be present for official business to be carried out. In the United States Congress, the Constitution specifies that a simple majority of each chamber constitutes a quorum, which is 51 in the Senate and 218 in the House of Representatives. This simple majority requirement is a common practice, often defined as more than 50% of voting members.
The importance of following quorum protocol cannot be overstated. Firstly, it ensures adequate representation and prevents a small group of members from becoming too powerful and making decisions that may not be in the organization's best interests. Without a quorum, a few members could meet and make significant decisions with far-reaching consequences. By requiring a quorum, the organization can be confident that any decisions made represent the views of a substantial portion of its members.
Secondly, quorum protocols promote attendance and participation. Members are incentivized to attend meetings to ensure that the organization can function effectively. This is particularly important in nonprofits, where board attendance may typically be low. By setting a quorum, organizations encourage members to prioritize meetings and contribute their unique talents and perspectives to the decision-making process.
Additionally, quorum protocols provide a safeguard against quorum-busting tactics. In the past, members of the Senate have employed strategies such as walking out of the chamber or refusing to vote to prevent a quorum from being formed. By adhering to quorum protocols, these delaying tactics can be mitigated, and the organization can conduct its business efficiently.
Finally, quorum protocols ensure the validity of proceedings. Any business transacted without a quorum is considered null and void. This emphasizes the importance of following quorum protocols to ensure that decisions are made in a legitimate and authorized manner.
In conclusion, quorum protocols are crucial in maintaining the integrity of the decision-making process. By requiring a minimum number or percentage of members to be present, organizations can prevent abuses of power, encourage participation, deter quorum-busting, and ensure the validity of their proceedings.
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Quorum requirements: how to change them
Quorum-busting is a tactic used by members of a legislative body to prevent a quorum—the minimum number of members required to be present for a meeting or vote to proceed. In the United States Congress, a simple majority constitutes a quorum.
Historically, quorum-busting has taken the form of members refusing to show up for a vote or leaving the chamber to prevent a quorum. In recent decades, however, there have been more extreme examples of quorum-busting, including the use of physical force to compel members to attend.
In the United States, both chambers of Congress have the power to compel the attendance of absent members. This procedure is authorized by Article I, Section 5 of the U.S. Constitution but is rarely used in modern times. When a call of the house is ordered, the clerk calls the roll of members and then the names of absentees. Members who do not have an excused absence may be arrested and brought in, and may even be charged a fee.
In the case of quorum-busting, the framers of the Constitution intended to prevent such behavior by allowing a minority of members to compel absent colleagues to attend. However, the Constitution leaves it up to each chamber to determine how to do this. For the first eighty years of the Senate, no rules were adopted to enforce attendance. It was 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.
In recent years, quorum-busting has been used by both majority and minority blocs in Congress to defeat bills that they do not want to be passed without putting them to a vote. This tactic has also been used in other countries, such as Australia and Turkey, which have different quorum requirements than the United States.
To change quorum requirements, a parliament or legislative body can pass ordinary legislation to amend the number or percentage of members required for a quorum. For example, in Australia, the quorum for the House of Representatives was amended down to one-fifth of the total number of MPs by the House of Representatives (Quorum) Act 1989, and the quorum for the Senate was amended down to one-quarter by the Senate (Quorum) Act 1991. Similarly, in Turkey, the quorum for the Grand National Assembly was changed from a two-thirds majority to one-third of the total number of members, with a minimum of one-quarter plus one of the total number of members required for decisions.
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Quorum calls: how to conduct them
In the United States Congress, a quorum is achieved when a simple majority of members is present. When a quorum is required, bells are rung in the various congressional office buildings to indicate to members that their presence is needed in their respective chambers.
In the House of Representatives, members use the same electronic system as is used for voting to register their presence. In the Senate, a clerk will read out a roll call of senators, who indicate their presence when called. While quorum calls officially last fifteen minutes, the presiding officer can decide to extend this time.
If a quorum appears to be present, debate is allowed. If not, a motion to adjourn for lack of a quorum may be raised. However, if the business is especially important, the members present may instead move a call of the house, which will force all members to attend.
In the case of quorum-busting, where members deliberately avoid the chamber to prevent a quorum, the Senate has the power to compel the attendance of absent members. This procedure is authorized by Article I, Section 5 of the U.S. Constitution, which allows the sergeant-at-arms to arrest members and bring them to the chamber.
Quorum calls are a tool that can be used to delay proceedings or to ensure that a sufficient number of members are present for important business. They are rare in the House but common in the Senate.
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Frequently asked questions
A simple majority, or 51% of members, constitutes a quorum in the chamber of congress.
Yes, a quorum can be determined by a percentage of members or by using a fixed number, depending on the organization.
A quorum ensures that there is adequate representation at a meeting to make the proceedings valid for the organization.
The minimum number of members required for a quorum is typically outlined in an organization's bylaws or governing documents.
A quorum refers to the minimum number of members required to be present for official business to be carried out, while a majority is when more than half of the members are present or agree on a decision.
