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Archive of posts filed under the House Rules category.

Congressional Staff Work on Transition Matters

At legbranch.com, the website of the Legislative Branch Capacity Working Group, I have a post regarding the House Judiciary Committee staffers who allegedly worked on the Trump travel/immigration executive order during the transition. Tweet

Can a House Committee Subpoena Clinton’s Server?

On the Megyn Kelly show last night, Judge Napolitano stated that Secretary Clinton’s server could not be subpoenaed by a House committee, but only by the House itself, because the committee lacks the power to subpoena “tangible things.” This echoes views expressed by Trey Gowdy, chairman of the Benghazi select committee, who claimed that his [...]

Some Concluding Thoughts on House Delegates

Our review of the House’s treatment of delegates shows (1) the House has traditionally seen the line between debating and voting as the demarcation of appropriate delegate participation; (2) the proper role of delegates has also been described as merely advisory in nature; (3) participation in select and later standing committees has been viewed as [...]

The D.C. Circuit and the “Would-be Congressmen”

Delegate Norton cites the D.C. Circuit’s decision in Michel v. Anderson, 14 F.3d 623 (D.C. Cir. 1994), for the proposition that delegates may be authorized to vote in the Committee of the Whole, but a close examination of this decision reveals it to be poorly reasoned and internally incoherent. The court advances the following propositions: [...]

The Role of Delegates on House Committees

Returning to the role played by delegates in the House, today we will look at their history on committees. In contrast to the initial debate over admitting territorial delegates to the House, there appears to have been little or no controversy in the early Congresses about allowing delegates to serve on committees. James White was [...]

More Fun with House Guests: Admitting Cabinet Officials to a Seat in Congress

A recent post by Professor Gerard Magliocca brought to my attention a matter which sheds further light on how the House of Representatives has viewed participation by non-members in its proceedings. In 1864, a House select committee favorably reported a bill providing that the heads of the Executive Departments “shall be entitled to occupy seats [...]

Membership Has its Privileges: Participation of DC and Territorial Delegates in House Proceedings

Last week, on the opening day of the new Congress, DC Delegate Eleanor Holmes Norton argued that the House should adopt a rule allowing her and territorial delegates (representing Puerto Rico, Guam, the Virgin Islands and American Samoa) to vote in the Committee of the Whole. Since 1993, the House has had such a rule [...]

Is a Lawsuit Really the House’s Only Remaining Option?

In response to the argument that the House needed access to the courts in order to protect the separation of powers and its constitutional prerogatives, Representative Slaughter noted “the Founding Fathers gave to the legislative branch the weapons to defend itself without running to the court.” She then proceeded to list these tools of self-defense, [...]

Halbig/King and the House’s Lawsuit against the President

As you have no doubt heard, two circuit courts issued divergent opinions yesterday on the same administrative law question, namely the validity of an IRS rule extending tax subsidies to health insurance purchased on the federal exchange. These decisions nicely illustrate the point I was making in my last post regarding the nature of administrative [...]

The Employer Mandate Delay: A Question of Administrative Law or Constitutional Faithfulness?

With the background of the last two posts, let’s consider whether “the President acted beyond his authority to execute the laws” by delaying the employer mandate, to paraphrase the question asked at the House Rules Committee hearing. Or, rather, let’s separate this question into two. The first is whether the delay of the employer mandate [...]