315. A presiding officer will often find himself embarrassed, by the difficulty, as well as the delicacy, of deciding points of order, or giving directions as to the manner of proceeding. In such cases, it will be useful for him to recollect, that—
The great purpose of all rules and forms, is to subserve the will of the assembly rather than to restrain it; to facilitate, and not to obstruct, the expression of their deliberate sense.
NOTE: The so-called “cloture” has the same end as the American previous question; it is intended to cut debate short. The English previous question works to continue debate, and a new scheme had to be devised in 1882. Then it was that the French cloture was adopted and naturalized. Under the Cloture act the Speaker of the House or the Chairman of Committee may say when he thinks the subject before the House or the Committee has been sufficiently discussed, and if a motion be made “That the question be now put,” he shall put the question. If 200 members are in favor of putting the question, or if less than 40 oppose it and more than 100 are in favor, he shall put the question on the principal question before the House or the committee at once. In this country, when a member reports a bill from his committee he moves that the previous question be put at the end of one hour; debate is therefore limited to one hour. In England, a member, calling up a bill for its second reading, moves the previous question, and votes against his motion. If the previous question should be ordered, he would feel grievously disgusted—so would the American Congressman, if the previous question should not be ordered.
We, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
Section I.—All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Section II.—1. The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature.
