Self-executing rule
Encyclopedia
The self-executing rule, also known as "deem and pass", is procedural measure used by the U.S. House of Representatives
to approve legislation. If the full House votes to approve a legislative rule that contains such a provision, the House then deems a second bill as also approved without requiring a separate vote, as long as that second bill is specified in the rule. That is, if the vote on the rule passes, then the second bill is passed as part of the rule vote.
When considering a bill
for debate, the House must first adopt a rule for the debate as proposed by the House Rules Committee
. This rule comes in the form of a simple resolution
, which specifies which issues or bills are to be considered by the House. If the House votes to approve a rule that contains a self-executing provision, it simultaneously agrees to dispose of a separate matter as specified by the rule. For example, modifications or amendments can be approved while underlying bill is approved at the same time.
The procedure is often used to streamline the legislative process, and was
used 85 times between 2005 and 2010. Some legal scholars question whether the process is constitutional.
(R) there were 38 self-executing rules in the 104th Congress and 52 in the 105th Congress (1995–1998). Under Speaker Dennis Hastert
(R) there were 40 self-executing rules in the 106th Congress, 42 in the 107th Congress and 30 in the 108th Congress (1999–2007).
In March 2010, the procedure was one option considered, and then rejected, by House Speaker
Nancy Pelosi
(D) and congressional Democrats to pass the Reconciliation Act of 2010 and the Patient Protection and Affordable Care Act
, as part of President Obama's health care reform initiative
.
of the self-executing rule. Some lawyers and public advocacy groups cite the 1998 Supreme Court case Clinton v. City of New York
relating to the line item veto, and the 1983 case Immigration and Naturalization Service v. Chadha
462 U.S. 919 (1983) relating to the legislative veto
to support these claims. Others point to a 2006 case before the United States District Court for the District of Columbia
regarding the Deficit Reduction Act
, which, in part, ruled in favor of the self-executing provision. That ruling was upheld on appeal
in 2007, but never argued before the Supreme Court.
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
to approve legislation. If the full House votes to approve a legislative rule that contains such a provision, the House then deems a second bill as also approved without requiring a separate vote, as long as that second bill is specified in the rule. That is, if the vote on the rule passes, then the second bill is passed as part of the rule vote.
When considering a bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
for debate, the House must first adopt a rule for the debate as proposed by the House Rules Committee
United States House Committee on Rules
The Committee on Rules, or Rules Committee, is a committee of the United States House of Representatives. Rather than being responsible for a specific area of policy, as most other committees are, it is in charge of determining under what rule other bills will come to the floor...
. This rule comes in the form of a simple resolution
Simple resolution
In the United States, a simple resolution is a legislative measure passed by only either the Senate or the House. As they have been passed by only one house, simple resolutions are not presented to the President, and do not have the force of law. The resolution is used for matters such as...
, which specifies which issues or bills are to be considered by the House. If the House votes to approve a rule that contains a self-executing provision, it simultaneously agrees to dispose of a separate matter as specified by the rule. For example, modifications or amendments can be approved while underlying bill is approved at the same time.
The procedure is often used to streamline the legislative process, and was
used 85 times between 2005 and 2010. Some legal scholars question whether the process is constitutional.
Uses
The self-executing rule began in the 1930s. From the 95th to the 98th Congresses (1977–1984) the self-executing rule was used eight times, 20 times under Speaker O’Neill (D) in the 99th Congress and 18 times under Speaker Wright (D) in the 100th Congress. Under Speaker GingrichNewt Gingrich
Newton Leroy "Newt" Gingrich is a U.S. Republican Party politician who served as the House Minority Whip from 1989 to 1995 and as the 58th Speaker of the U.S. House of Representatives from 1995 to 1999....
(R) there were 38 self-executing rules in the 104th Congress and 52 in the 105th Congress (1995–1998). Under Speaker Dennis Hastert
Dennis Hastert
John Dennis "Denny" Hastert was the 59th Speaker of the House serving from 1999 to 2007. He represented as a Republican for twenty years, 1987 to 2007.He is the longest-serving Republican Speaker in history...
(R) there were 40 self-executing rules in the 106th Congress, 42 in the 107th Congress and 30 in the 108th Congress (1999–2007).
In March 2010, the procedure was one option considered, and then rejected, by House Speaker
Speaker of the United States House of Representatives
The Speaker of the United States House of Representatives, or Speaker of the House, is the presiding officer of the United States House of Representatives...
Nancy Pelosi
Nancy Pelosi
Nancy Patricia D'Alesandro Pelosi is the Minority Leader of the United States House of Representatives and served as the 60th Speaker of the United States House of Representatives from 2007 to 2011...
(D) and congressional Democrats to pass the Reconciliation Act of 2010 and the Patient Protection and Affordable Care Act
Patient Protection and Affordable Care Act
The Patient Protection and Affordable Care Act is a United States federal statute signed into law by President Barack Obama on March 23, 2010. The law is the principal health care reform legislation of the 111th United States Congress...
, as part of President Obama's health care reform initiative
Health care reform debate in the United States
The health care reform debate in the United States has been a political issue for many years, focusing upon increasing coverage, decreasing the cost and social burden of healthcare, insurance reform, and the philosophy of its provision, funding, and government involvement...
.
Legal arguments
Some analysts have questioned the constitutionalityConstitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of the self-executing rule. Some lawyers and public advocacy groups cite the 1998 Supreme Court case Clinton v. City of New York
Clinton v. City of New York
Clinton v. City of New York, , is a legal case in which the Supreme Court of the United States ruled that the line-item veto as granted in the Line Item Veto Act of 1996 violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United...
relating to the line item veto, and the 1983 case Immigration and Naturalization Service v. Chadha
Immigration and Naturalization Service v. Chadha
Immigration and Naturalization Service v. Chadha, 462 U.S. 919 , was a United States Supreme Court case ruling in 1983 that the one-house legislative veto violated the constitutional separation of powers.-Parties:...
462 U.S. 919 (1983) relating to the legislative veto
Legislative veto
-History:Starting in the 1930s, the concurrent resolution was put to a new use—serving as the instrument to terminate powers delegated tothe Chief Executive or to disapprove particular exercises of power by him or his agents...
to support these claims. Others point to a 2006 case before the United States District Court for the District of Columbia
United States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
regarding the Deficit Reduction Act
Deficit Reduction Act
Deficit Reduction Act may refer to various US legislation, including:# Gramm-Rudman-Hollings Deficit Reduction Act# Omnibus Budget Reconciliation Act of 1993# Deficit Reduction Act of 2005...
, which, in part, ruled in favor of the self-executing provision. That ruling was upheld on appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
in 2007, but never argued before the Supreme Court.
See also
- Standing Rules of the United States House of RepresentativesStanding Rules of the United States House of RepresentativesThe Rules of the House of Representatives or House Rules are the rules of order adopted by the United States House of Representatives that govern its procedure...
- Suspension of the rules in the United States Congress