pants of the galleries, it shall be the duty of the Chair to enforce order on his own initiative and without any point of order being made by a Senator. Resolution Adopted August 26, 1957 [Persons in Gallery May Not Be Introduced to Senate] "(7) No Senator shall introduce to or bring to the attention of the Senate during its sessions any occupant in the galleries of the Senate. No motion to suspend this rule shall be in order, nor may the Presiding Officer entertain any request to suspend it by unanimous consent." Rule XXXIV, Paragraph 2 [Committee on Rules Regulating Use of Senate Side of Capitol] It shall be the duty of the Committee on Rules and Administration to make all rules and regulations respecting such parts of the Capitol, its passages and galleries, including the restaurant and the Senate Office Building, as are or may be set apart for the use of the Senate and its officers, to be enforced under the direction of the Presiding Officer. They shall make such regulations respecting the reporters' galleries of the Senate, together with the adjoining rooms and facilities, as will confine their occupancy and use to bona fide reporters for daily newspapers and periodicals, to bona fide reporters of news or press associations requiring telegraph service to their membership, and to bona fide reporters for daily news dissemination through radio, wire, wireless, and similar media of transmission. These regulations shall so provide for the use of such space and facilities as fairly to distribute their use to all such media of news dissemination. Rule XXXV [Closed Session-Galleries Cleared] On a motion made and seconded to close the doors of the Senate, on the discussion of any business which may, in the opinion of a Senator, require secrecy, the Presiding Officer shall direct the galleries to be cleared; and during the discussion of such motion the doors shall remain closed. Decorum: See "Decorum," p. 449. Galleries-Order in: The rule with respect to debate was amended in 1914 by imposing upon the Presiding Officer on his own initiative, the duty of enforcing order in the Chamber and the galleries.1 1Jan. 26, 1938, 75-3, Record, p. 1110; Nov. 26, 1913, 63-1, Journal, p. 236, Record, p. 6031; Dec. 5, 1913, 63–2, Journal, p. 13, Record, p. 240; Jan. 14, 1914, 63-2, Journal p. 71, Record, p. 1633; see also Sept. 8, 1913, 63-1, Record, p. 4486. The Presiding Officer, under Rule XIX, is required to maintain order in the Senate, including the precluding of demonstrations of approval or disapproval in the galleries." He is charged with the duty on his own initiative to enforce order in the Chamber and the galleries, and his authority extends to closing or clearing the galleries if necessary, and rightly so because while a quorum is in process, actions from the floor to close the galleries would not be in order since business or debate is not in order during a quorum call.3 Under the precedents, manifestations of approval or disapproval by occupants of the galleries are not in order. * The Presiding Officer is charged with maintaining order in the galleries, to the extent of having persons removed therefrom which has been done on various occasions because of confusion and disorder." On occasions, certain occupants of the galleries have been escorted out by the doorkeepers,' and in one instance, it was held that a motion to readmit those who were escorted out was not necessary since the Chair did not order the galleries cleared, but a motion to that effect was made and agreed to. Introduction of Guests: In 1957, the Senate adopted an amendment to Senate Rule XIX to prohibit the introduction of, or reference to, any guests in the galleries, and provided that the rule might not be suspended even by unanimous consent." GENTLEMEN'S AGREEMENT See also "Gentleman's Agreement To Postpone," p. 604. A so-called gentlemen's agreement concerning debate is not legally enforceable and has no parliamentary standing." 10 2 June 30, 1970, 91-2, Record, p. 22251, Sept. 29, 1970, 91-2, Record, p. 34033: Dec. 9, 1970 91-2, Record, p. 40664; Dec. 19, 1970, 91-2, Record, p. 42712. Apr. 26, 1971, 92-1, Record, pp. 11992, 11993, 11995, 11998, 11999; Sept. 11, 1967, 90-1 Record, p. 25004; May 16, 1972, 92-2, Record, p. 17581; Feb. 9, 1872, 42-2, Record, p. 919. 'Jan. 26, 1938, 75-3, Record, p. 1110; Jan. 3, 1947, 80-1, Record, p. 13. 5 Aug. 6, 1969, 91-1, Record (daily) p. 9235. Apr. 2, 1935, 74-1, Journal, p. 242, Record, pp. 4844, 4852. 7 Apr. 28, 1933, 73-1, Record, pp. 2525, 2527. 8 Ibid. 9 Aug. 26, 1957, 85-1, Journal, pp. 526-27, Record, p. 15913; see Sept. 23, 1970, 91-2. Record, p. 33408. 10 See Apr. 23, 1936, 74-2, Journal, p. 238; Nov. 20, 1942, 77-2, Record, pp. GERMANENESS OF AMENDMENTS See "Germaneness," pp. 42-43; "Germaneness of Amendments to General Appropriation Bills," pp. 113-117; "Not Germane,” p. 150; "Germaneness of Debate," pp. 406-409. GERMANENESS OF DEBATE See also "Debate," pp. 384-448 and "Germaneness of Debate," pp. 406-409. Rule VIII [Debate Each Day for Three Hours Must Be Germane] 3. At the conclusion of the morning hour or after the unfinished business or pending business has first been laid before the Senate on any calendar day, and until after the duration of three hours, except as determined to the contrary by unanimous consent or on motion without debate, all debate shall be germane and confined to the specific question then pending before the Senate.1 The Presiding Officer, on January 27, 1964, in response to a parliamentary inquiry, stated that while he would have the right to call a Senator to order, following the customary procedure under Rule XIX, a question of the germaneness of the debate under Rule VIII should arise by reason of a call for the regular order being made from the floor, and that the rule was not necessarily self-enforcing." On another occasion the Chair stated that "pending business," as used in the rule, means "any business which the Senate has proceeded to consider, either by motion or by unanimous consent, exclusive of morning business, as set forth in Rule VII.3 Debate under Rule VIII, paragraph 3, as stated by the Chair, is not required to be germane beyond a 3-hour period each day; after the expiration of the 3-hour period any Senator, when recognized, may speak on any matter during the remainder of that calendar day.* The Morning Hour terminates at the end of 2 hours after the meeting of the Senate following an adjournment." Adopted on Jan. 23, 1964. See Jan. 27, 1964, 88-2, Record (daily), p. 1064. See Jan. 28, 1964, 88-2, Record (daily), pp. 1205-06. See Jan. 30, 1964, 88-2, Record (daily), pp. 1362, 1371. See Jan. 23, 1964, 88-2, Record (daily), pp. 1052, 1053. HEARINGS See under "Budget Hearings," pp. 108-109; "Hearings, Printing of," pp. 242-243; "Hearings and Investigations," pp. 241-242; "Meetings of Committees," pp. 244-246; "Investigations and Inquiries," pp. 507–512. HOUR OF DAILY MEETING See "Hour of Daily Meetings," p. 380. HOUSE For references to the House in Senate debate, see "House of Representatives, Reference in Debate to Representatives and the House Itself," pp. 409-411. HOUSE AMENDMENTS TO SENATE See "House Amendment to Senate Amendment to House Bill," HOUSE BILLS Consideration of House Bills: A motion to consider all House bills first is out of order. See "Motions for Consideration, Out of Order," pp. 347348. House-passed bills considered under the same circumstances as any other bill on the Calendar, see "Consideration, Question of," pp. 332-354. Placed on Calendar: For details on placing House-passed bills on Calendar, see "HousePassed Bill and Like Senate Bill, No Reference of," pp. 727-728. Reference of: For details on Reference of House-passed bills, see "Bills and IMPEACHMENT The Senate has a special set of rules, 25 in number, which define its proceedings when sitting as a court for impeachment trials, set forth below. The sole power of impeachment is conferred on the House of Representatives, and even if the Senate in an impeachment trial should find the person not guilty, that does not alter the fact that the said person had been impeached by the House, as was the case with President Andrew Johnson. Once the House of Representatives has voted to impeach an officer of the Government, the Senate is informed of that fact by a message from the House of Representatives, announcing to the Senate that a committee has been appointed by that body to go to the bar of the Senate "and in the name of the House of Representatives and of all the people of the United States, to impeach . . .” the said person and "to acquaint the Senate that the House of Representatives will in due time exhibit particular articles of impeachment against him" for the Senate's consideration in the determination of whether or not said official is guilty. At a later date, the Senate is informed that managers on the part of the House of Representatives have been named "to conduct the impeachment against" the said official and that the said managers are directed to carry to the Senate the articles agreed upon by the House. It requires a two-thirds affirmative vote by the Senate in the adoption of at least one of the articles of impeachment submitted to the Senate by the House to find a person guilty of "treason, bribery, or other high crimes and misdemeanors." The Constitution provides that "the Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation.” Constitution, Article I, Sections 2 and 3 [Impeachment Trial by Senate] The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any |