Simone Lawson
The quorum principle, which requires a certain number of members of a governing body to be present for it to exercise its powers, has been a long-standing tradition in parliamentary practice. In the United States Congress, the presence of a majority constitutes a quorum, and while this has been criticised for being too low, it has been defended by James Madison as a balance between requiring too many or too few members. The quorum requirement is flexible, and while a majority is necessary to conduct business, a smaller number may adjourn from day to day and may compel the attendance of absent members.
| Characteristics | Values |
|---|---|
| What constitutes a quorum in each house of Congress | A majority of members |
| Who decides on the quorum requirement | Each house of Congress |
| What happens if a quorum is not present | Business is postponed |
| Can a smaller number than the quorum be present | Yes, but only to adjourn from day to day and to compel the attendance of absent members |
| Can a quorum be busted | Yes, quorum-busting or walkout can be used by a minority group to block a measure they oppose |
| What is quorum-busting | A tactic to prevent a legislative body from attaining a quorum |
| How common is quorum-busting | It has been used for centuries |
| What is an example of quorum-busting | In 1840, Abraham Lincoln leapt out of a first-story window to prevent a quorum from being present in the Illinois Legislature |
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What You'll Learn
- Quorum-busting: a walkout to prevent a legislative body from attaining a quorum
- The quorum principle: a certain number of members must be present for a governing body to exercise its powers
- Majority constitutes a quorum: the presence of a majority is all that is required for a quorum, and the house can decide how to determine this
- Quorum requirements can be manipulated: both majority and minority blocs in Congress have used the lack of a quorum to defeat bills without putting them to a vote
- Absence of a quorum: the Chair must announce the failure of a quorum to participate in a record vote
Quorum-busting: a walkout to prevent a legislative body from attaining a quorum
Quorum-busting, also known as a legislative walkout, is a tactic employed by a minority group to prevent a legislative body from attaining a quorum and halt proceedings. Quorum-busting is generally only effective when the quorum is a supermajority, as quorums of a majority or less mean that a simple majority of members is sufficient for both the quorum and the passage of legislation.
In the United States Congress, a simple majority constitutes a quorum in each house. While the quorum principle was well-established in parliamentary practice by the time of the Constitutional Convention, the debate at the time centred on where to set the number. Some argued that a majority requirement was too high and would cause delays if a quorum could not be obtained. Others believed that setting the quorum requirement any lower would be dangerous and allow a small number of members to make laws.
In the US Senate, quorum-busting has been used for centuries. For example, in 1840, Abraham Lincoln leapt out of a first-story window in a failed attempt to prevent a quorum from being present in the Illinois Legislature. In 1877, the Senate amended its rules to allow the sergeant-at-arms to arrest members in response to proliferating filibusters that employed quorum-busting tactics. In 1988, Oregon Republican Senator Robert Packwood was carried into the chamber to establish a quorum on a campaign finance reform bill.
In the US House of Representatives, quorum-busting has also been used by both majority and minority blocs to defeat bills they do not want to be passed without a vote. In 2001, Democratic members of the House staged a five-day walkout over redistricting. In 2021, a large group of House Democrats fled the state to block a Republican-backed bill that would change voting rules in Texas.
Quorum-busting carries political costs, as lawmakers who participate may face criticism for abandoning their duties or disrupting governance. However, it has been used for centuries as a powerful political weapon, highlighting the tension between procedural rules and substantive outcomes.
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The quorum principle: a certain number of members must be present for a governing body to exercise its powers
The quorum principle, which requires a certain number of members of a governing body to be present for it to exercise its powers, is a well-established concept in parliamentary practice. This principle is also observed in the United States Congress, where a majority of members in each house must be present to constitute a quorum and conduct business. This means that more than half of the members need to be present for a valid legislative session to take place.
The quorum requirement in Congress is rooted in the Constitution, which grants each house the authority to judge the elections, returns, and qualifications of its members. While the Constitution does not prescribe a specific method for determining the presence of a majority, it empowers each chamber to establish its own method for counting a quorum. This flexibility allows each house to adapt to its unique circumstances and ensure a reasonable certainty in ascertaining a majority.
The quorum principle is essential for maintaining the integrity of the legislative process. Without a quorum, a legislative body cannot exercise its full powers. This safeguard ensures that decisions are made with the input and consent of a substantial portion of the governing body. It prevents a small group from making decisions on behalf of the entire body, protecting against hasty or biased measures.
However, the quorum requirement has also been a point of contention and tactical manoeuvring. Quorum-busting, or walkouts, have been employed by minority groups to block the adoption of measures they oppose. This tactic can be particularly effective when a super-majority quorum is required. On the other hand, the presence of a quorum does not necessarily guarantee a vote, as members may choose not to vote or participate in a record vote, effectively stalling the legislative process.
While the quorum principle in Congress adheres to the majority rule, other legislative bodies have different quorum requirements. For example, the Turkish Grand National Assembly requires at least one-third of its members to convene, while the Parliament of the United Kingdom's House of Commons has a quorum of 40 MPs out of 650 members. These variations in quorum requirements reflect the unique contexts and needs of different governing bodies.
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Majority constitutes a quorum: the presence of a majority is all that is required for a quorum, and the house can decide how to determine this
The quorum principle, that a certain number of members of a governing body must be present for it to exercise its powers, was well-established by the time of the US Constitutional Convention. The US Constitution states that a majority of members must be present in each house of Congress to constitute a quorum to do business.
For many years, it was considered necessary for a majority of members to vote on any proposition in the House of Representatives to satisfy the constitutional requirement for a quorum. This was often disrupted by the opposition refusing to vote, a practice known as quorum-busting or a walkout. However, in 1890, a ruling by Speaker Thomas Brackett Reed changed this, stating that members present in the chamber but not voting would be counted toward the quorum.
The Supreme Court upheld this ruling in United States v. Ballin, affirming that the Constitution only requires the presence of a majority for a quorum, and that each chamber of Congress can decide how to determine the presence of a majority. This ruling established that the presence of a majority empowers the house to transact business.
While quorum-busting is rare in some countries, such as Australia, it has been used for centuries in others, including the United States. Abraham Lincoln, for example, attempted to prevent a quorum from being present by leaping out of a first-story window during his time in the Illinois Legislature in 1840.
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Quorum requirements can be manipulated: both majority and minority blocs in Congress have used the lack of a quorum to defeat bills without putting them to a vote
Quorum requirements refer to the minimum number of members of a governing body that must be present at a meeting for the group to legally conduct business and vote. The quorum principle was well-established in parliamentary practice by the time of the US Constitutional Convention. 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 delays if a quorum was hard to obtain. On the other hand, others believed that setting the quorum requirement any lower would be dangerous and allow a small number of members to make laws.
In the US Congress, a majority of members in each house must be present for a quorum. While this majority requirement is in place, it is not strictly enforced. For example, the House of Representatives can adjourn from day to day with fewer members present and can compel the attendance of absent members, although this is rarely done.
Quorum requirements can be manipulated by both the majority and minority blocs in Congress to defeat bills without putting them to a vote. This tactic, known as quorum-busting or a walkout, has been used for centuries. For instance, Abraham Lincoln, during his time in the Illinois Legislature in 1840, leapt out of a first-story window in a failed attempt to prevent a quorum from being present. More recently, in 2003, Texas House Democrats, certain of defeat if a quorum were present for a controversial redistricting bill, took a plane to the neighbouring state of Oklahoma to prevent a quorum from being formed and the bill from passing.
To discourage quorum-busting, legislative bodies have adopted rules such as the 'call of the house'. Additionally, in 1890, Speaker Thomas Brackett Reed ruled that members present in the chamber but not voting would be counted toward a quorum, making it harder for the minority to block votes through quorum-busting.
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Absence of a quorum: the Chair must announce the failure of a quorum to participate in a record vote
The quorum principle, which requires a certain number of members of a governing body to be present for it to exercise its powers, has been a long-standing tradition in parliamentary practice. In the United States Congress, a majority of members in each house constitutes a quorum to conduct business.
However, the absence of a quorum can sometimes occur, and it is the responsibility of the Chair to announce this. If a quorum is not present, the house cannot conduct business, and the Chair must take action to address the situation. In such cases, the Chair may direct the presence of members to be recorded by clerks or call for a quorum by taking an alphabetical roll call.
If a record vote is taking place, and a quorum fails to participate, the Chair must acknowledge this and cannot ignore it. This is a crucial step, as it ensures that decisions are not made without the required number of members present. The Chair's count of a quorum is conclusive and cannot be challenged.
In the event of an absence of a quorum, the house may be adjourned, and the meeting can be postponed to a later date. This is often done by a vote of a majority of the votes represented, either in person or by proxy. The chair of the meeting typically announces the absence of a quorum and then entertains a motion to adjourn. In some cases, directors may continue to serve until the next meeting when successors can be formally elected. Additionally, quorum requirements for reconvened meetings may be adjusted, with a lower quorum authorized by governing documents.
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Frequently asked questions
A quorum refers to the minimum number of members of a governing body that must be present at a meeting for the group to conduct its business.
A majority of members in each house of Congress constitutes a quorum. However, the method for determining a majority is not prescribed and is left to the discretion of each chamber.
While a majority is typically required for a quorum, there are exceptions. For example, in the case of the Australian Parliament, the quorum for the House of Representatives is one-fifth of the total number of MPs, while the quorum for the Senate is one-quarter of the total number of senators.
In some cases, a supermajority, or more than a majority, may be required for a quorum. This is often referred to as a "super-quorum" and can be used as a safeguard to prevent hasty or partial decisions.
