LEGISLATION TAKES PRECEDENCE OVER

TREATIES

Where a conflict existed as to the time for consideration of a bill and a treaty, as fixed by separate unanimous consent agreements, the Senate, by unanimous consent, gave priority of consideration to the bill. The President pro tempore held that in the event of an adjournment the bill would be laid before the Senate at the conclusion of the morning business.1

LEGISLATIVE AS IN EXECUTIVE SESSION

See "Executive Business and Executive Sessions," pp. 475-483.

LEGISLATIVE DAY

See "Day," pp. 381-383.

LEGISLATIVE PROPOSALS-CONSIDERATION OF AND DEBATE OF

See "Consideration, Question of," pp. 332-354; "Debate," pp.

384-448.

LEGISLATIVE REORGANIZATION ACT

Any rule of the Senate stipulated in the Legislative Reorganization Act of 1946, may be amended or changed by a Senate resolution."

1 Dec. 10, 1924, 68-1, Record, pp. 374, 375.

526

LEGISLATIVE SESSIONS

See also "Consideration, Question of," pp. 332–354; “Executive Business and Executive Sessions," pp. 475-483.

The Senate meets in legislative session to transact legislative business. Each new day that the Senate sits is started in legislative session, unless the Senate adjourns or recesses in executive session.

Most of the body of rules, precedents, and practices of the Senate are directed to legislative proceedings, but a motion to go into executive session is in order at almost any time and must be determined without debate.

Debate of Motion for Legislative Session Out of Order:

In executive session, a motion that the Senate proceed to the consideration of legislative business is not debatable.' Executive Business in Legislative Session Out of Order:

Executive business is not in order in legislative session; for example: the introduction of a resolution relating to the nominations of particular persons to a Federal office, the submittal of a resolution dealing with executive business,3 and a filing of a committee report on a nomination, upon objection are not in order in legislative session.

A motion to print in the Congressional Record a yea and nay vote on a nomination in closed session can only be made in executive session."

It is not in order in legislative session, in connection with a nomination pending before the Senate, for a Senator to read and comment on documents relating thereto which came before the committee in executive session, nor is it in

1

Sept. 16, 1919, 66-1, Record, pp. 5511, 5512; June 4, 1946, 79-2, Record, p. 6245. Mar. 13, 1890, 51-1, Record, p. 2196; Mar. 17, 1890, 51-1, Journal, p. 172, Record, p. 2291.

'Jan. 21, 1884, 48–1, Journal, p. 195, Record, p. 519.

June 18, 1935, 74-1, Record, p. 9508.

May 21, 1929, 71-1, Record, p. 1598.

Jan. 27, 1925, 68–2, Journal, p. 119, Record, pp. 2514, 2515.

order to discuss proceedings that occurred in the Senate in executive session."

The discussion of a treaty is not in order in legislative session unless in executive session the injunction of secrecy has been removed."

It is a violation of the rules of the Senate for a Senator in legislative session to refer to or to discuss matters pending before it in its executive capacity from which the injunction of secrecy has not been removed."

It is in order, however, in legislative session to read an article appearing in a newspaper relating to secret executive proceedings,10 or to read a newspaper article purporting to give information of certain executive proceedings of the Senate." The Senate in 1890 decided that memorials remonstrating against the ratification of an extradition treaty between the United States and Russia could be presented in legislative session."

Legislation, Status of, Not Affected by Executive Session:

See "Displacement of Pending or Unfinished Business, pp. 340-345; "Executive Business and Executive Sessions," pp. 475-483.

Reconsideration of Executive Business in Legislative Session— Out of Order:

See "Executive Business in Legislative Session Out of Order," pp. 527-528.

Return to Legislative Session From Executive Session:

A majority of the Senate, on motion, when in executive session, may return to legislative session prior to 2 o'clock, or any time thereafter, for the purpose of resuming the consideration of the unfinished business.13

LENGTH OF DAILY SESSIONS FIXED

See "Daily Sessions," p. 380.

7 May 24, 1928, 70–1, Journal, p. 537, Record, p. 9796.

8 Feb. 28, 1903, 57–2, Record, p. 2783.

10

Feb. 6, 1888, 50-1, Record, p. 967.

May 21, 1929, 71-1, Journal, p. 70; June 9, 1919, 66-1, Journal, pp. 59, 60; Jan. 24, 1925, 68–2, Record, p. 2403, 2404, 2443.

LIE ON TABLE

"Subjects on the Table" consist of business, usually bills and resolutions, placed there by unanimous consent. Once business has been given this status, it is in order to move to proceed to its consideration, even though it has not been referred to a committee for consideration.

Consideration of Measure on Table:

A resolution which has been ordered to lie on the table, which must be done by unanimous consent, does not thereafter automatically go to a committee,' nor is it automatically laid before the Senate on a succeeding legislative day as in the case of resolutions going over 1 legislative day under the rule." Where a resolution or bill has been ordered to lie on the table, and subsequently an objection is heard to a unanimous consent request to call it up, it must or may be brought up on motion, as any bill on the Calendar."

A resolution which has been submitted and ordered to lie on the table is not eligible for consideration during the same legislative day except by unanimous consent.*

Reference Held in Abeyance:

See also "References to Committees," pp. 717-735.

When a bill is ordered to lie on the table before being referred to a committee, reference is held in abeyance." Bills have been ordered to lie on table by unanimous consent until they could be called up for reference.

May 26, 1939, 76–1, Record, p. 6203; Jan. 8 and 9, 1890, 51-1, Record, p. 449; Apr. 8, 1886, 49–1, Record, p. 3243; Mar. 3, 1923, 67-4, Record, p. 5272; May 14, 1921, 67-1, Record, p. 1450; Aug. 4, 1890, 51-1, Record, p. 8078; see also July 29, 1940, 76-3, Record, p. 9640.

See Aug. 26 and 29, 1960, 86-2, Record, p. 18147.

Feb. 3, 1965, 89-1, Record, p. 1937; Feb. 4, 1965, 89-1, Record, pp. 2010-11.

'Feb. 19, 1965, 89-1, Record, pp. 3235-47.

Unanimous Consent Required To Place on Table:

Unanimous consent is required for a bill or resolution to lie on the table instead of being referred, even if submitted out of order."

Veto Message:

The Presiding Officer of the Senate, in 1918, decided that a veto message could not be referred to a committee, but that it must be voted upon or lie upon the table until called up for disposition.

LIE OVER ONE DAY

See "Calendar," pp. 183-198; "Consideration, Question of," pp. 332-354; "Over Under the Rule," pp. 569-578; "Reports," pp. 739-759; "Resolutions," pp. 761-771; "Suspension of Rules, pp. 799-803. For definition of, see "Day," pp. 381-383.

LIE OVER UNDER THE RULE

See "Over Under the Rule," pp. 569–578.

LIMITATION ON DEBATE

See "Cloture Procedure," pp. 207-223; "Debate," pp. 384-448; "Unanimous Consent Agreements," pp. 832-863.

LIMITATIONS ON APPROPRIATIONS

See "Appropriations," pp. 102–152.

LIST OF SPEAKERS

See "List of Speakers," p. 418.

'June 17, 1954, 83-2, Journal, p. 382, Record, pp. 8444-45; Feb. 3, 1965, 89-1. Record, p. 1937; Feb. 4, 1965, 89-1. Record, pp. 2010-11; Feb. 19, 1965, 89-1. Record, pp. 3235-47; Apr. 28, 1966, 89-2, Record, p. 9298; see also June 13, 1950, 81-2, Record, p. 8487.