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Edited on Thu Sep-27-07 12:39 PM by in_cog_ni_to
Questions of Privilege
What is a "question of privilege" and why is it important for impeachment?
If a resolution of impeachment were introduced in the House of Representatives, it is likely that the Republicans would want to ignore it and hope it goes away. But resolutions of impeachment have what is called "privilege". Privileged business cannot be ignored and must be acted upon before other items of business. They must also be debated for at least one hour.
Note that in order to have Privilege, the resolution to impeach must be introduced by a Member, or by a House Committee.
Impeachment is Privileged Business
According to House Practices, Chapter 36, "Order of Business; Privileged Business":
Privileged business is business of such importance as to enjoy precedence over the regular order of business. It is business that can supersede or interrupt other matters that might otherwise be called up or be pending before the House.
In general Constitutional matters are considered more important than regular business. Impeachment is, therefore, privileged:
From House Practices, Chapter 42, "Questions of Privilege"
"Issues relating to the jurisdiction of the House or its prerogatives under the Constitution may give rise to a question of the privileges of the House. 2 Hinds §§ 1480–1537;" including "The constitutional authority of the House with respect to impeachment propositions. 3 Hinds §§ 2045–2048."
According to House Rule IX on "Questions of Privilege", Section 702:
"The privileges of the House, as distinguished from that of the individual Member, include questions relating to its constitutional prerogatives..." and "The constitutional prerogatives of the House also include its function with respect to: (1) impeachment and matters incidental thereto (see § 604, supra);"
Also from House Practices, Chapter 36:
"...since the exclusive power of the House in the impeachment of civil officers arises from article I, section 2, clause 5 of the Constitution, the House has determined that propositions to impeach, and reports from a committee investigating charges of impeachment, are highly privileged."
Investigations that might uncover impeachable crimes are generally not privileged unless, as Jefferson Manual LIII, Section 604 states:
"Where a resolution of investigation positively proposes impeachment or
suggests that end, it has been admitted as of privilege (III, 2051, 2052,
2401, 2402)"
This suggests that HRes635. may be privileged and should be addressed immediately by the House Rules Committee.
Note that reports on resolutions of inquiry from a Committee are also privileged when delivered to the House.
House Practices, Chapter 36, also clarifies some potentially confusing terms:
"Privileged questions are to be distinguished from what are termed ‘‘questions of privilege.’’ Privileged questions relate to the order or priority of business under the rules of the House, whereas ‘‘questions of privilege’’ pertain to the safety and dignity of the House, to the integrity of its proceedings, or to the rights or reputation of its Members under rule IX. 3 Hinds §§ 2654, 2718; see QUESTIONS OF PRIVILEGE."
A resolution of impeachment is a ‘‘question of privilege’’ and not a "privileged question". Thus,when Representative William B. Lamar of Florida, rose to impeach Charles Swayne, he claimed the floor as a question of privilege.
How to Raise a Question of Privilege
A call for Impeachment must be made as a resolution. The Speaker of the House must schedule it within two days after being announced. If Nancy Pelosi as Majority Leader offers the resolution then it must be acted upon immediately. This is detailed in House Practices, Chapter 42:
"Questions of the privileges of the House are brought before the House in the form of a resolution. 3 Hinds § 2546; 8 Cannon § 3464; Deschler Ch 11 § 4.2. Under rule IX such a resolution is privileged when called up by any Member. 3 Hinds § 2536; § 2, supra. However, its privilege is subject to a two-day notice requirement, which must include an announcement of the form of the resolution. Such announcement may be dispensed with by unanimous consent. Manual § 698. The Speaker designates the time for consideration within two legislative days after the announcement, which may include immediate consideration. Under rule IX the Majority and Minority Leaders are excluded from the notice requirement. They may offer the resolution at any time, yielding only to the motion to adjourn. Manual § 699."
The announcement must be made using the following language:
"Mr. Speaker, pursuant to clause 2(a)(1) of rule IX, I rise to give notice of my intent to raise a question of the privileges of the House. The form of the resolution is as follows: ..."
The Speaker will then schedule the introduction of the resolution, at which time the Member will say:
"Mr. Speaker, I rise to a question of the privileges of the House, and offer a resolution announced on lll."
After being introduced, the resolution must be debated for at least one hour.
"A resolution offered under rule IX is read in full. Manual § 700. A Member offering the resolution is recognized under the hour rule. Deschler Ch 11 § 7.1. Such Member must confine remarks in debate to the question raised. Deschler Ch 11 § 7.2. Under rule IX clause 2(a), the hour allotted for debate on a resolution offered from the floor as a question of the privileges of the House must be equally divided between the proponent of the resolution and the Majority Leader or the Minority Leader or a designee, as determined by the Speaker. Manual § 699."
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