Speaker of the United States House of Representatives
Speaker of the United States House of Representatives | |
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United States House of Representatives | |
Style |
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Status | Party caucus / conference (primarily) |
Appointer | House of Representatives |
Term length | At the House's pleasure; elected at the beginning of the new Congress by a majority of the representatives-elect, and upon a vacancy during a Congress.[1] |
Constituting instrument | Constitution of the United States, article I, § 2, cl. 5[2] |
Formation | March 4, 1789 |
First holder | Frederick Muhlenberg |
Succession | Second (3 U.S.C. § 19)[3] |
Salary | $223,500 annually[4] |
Website | www |
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United States House of Representatives |
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History of the House |
Members |
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Politics and procedure |
Places |
United States portal |
The speaker of the United States House of Representatives, commonly known as the speaker of the House, is the
The Constitution does not explicitly require the speaker to be an incumbent member of the House of Representatives, although every speaker thus far has been, and as a member the speaker also represents their district and retains the right to vote.[8][9] The speaker is second in the United States presidential line of succession, after the vice president and ahead of the president pro tempore of the Senate.[3]
The 56th and current Speaker of the House is Mike Johnson, a Republican from Louisiana.[10]
Selection
The House elects its speaker at the beginning of a new Congress, biennially, after a general election, or when a speaker dies, resigns, or is removed from the position during a congressional term. At the start of a new Congress, those voting to elect the speaker are representatives-elect, as a speaker must be selected before members are sworn in to office; the House of Representatives cannot organize or take other legislative actions until a speaker is elected.[11]
Since 1839, the House has elected speakers by
Representatives who choose to vote for someone other than their party's nominee usually vote for someone else in their party or vote "
Upon election, the new speaker is sworn in by the dean of the United States House of Representatives, the chamber's longest-serving member. Additionally, it is customary for the outgoing speaker, or the minority leader, to hand the speaker's gavel to the new speaker, as a mark of the peaceful transition of power.[15][16][17]
Eligibility of non-members
While every speaker of the House has been a sitting House member, Article I, Section II, Clause 5, of the U.S. Constitution, concerning the choosing of a speaker, does not explicitly state House membership as a requirement.[5] As noted by the Congressional Research Service, non-members have, on multiple occasions since 1997, received votes in speaker elections.[8][18] In 1787, while the proposed Constitution was being considered, Pennsylvania Congress of the Confederation Delegate Tench Coxe publicly wrote the following:
The house of representatives is not, as the Senate, to have a president chosen for them from without their body, but are to elect their speaker from their own number . . . .[19]
Noting that the
Schaub and the CRS also note that the text of the
Schaub, Ellis, and Dubinsky also argue that permitting a non-member to serve as Speaker would effectively exempt Speakers from the eligibility requirements of the
Like the
Speaker pro tempore
Under the Rules of the House, the speaker may designate a member to serve as speaker pro tempore, acting as the body's presiding officer in the speaker's absence. In most instances, the speaker pro tempore designation lasts for no more than three legislative days, although in the case of illness of the speaker, the speaker pro tempore may serve for ten legislative days if the appointment is approved by the House.[35]
Separately, a speaker pro tempore is designated in the event the office of the speaker is declared vacant. Under the current Rules of the House, at the start of their term, the speaker is required to create a secret ordered list of members to temporarily serve as speaker of the House if the speakership became vacant
Following the
The designation of a speaker pro tempore for purposes of succession, and for purposes of serving as the body's presiding officer in the speaker's absence, is separate from the speaker's designation of multiple members as speakers pro tempore for the purpose of allowing them to sign enrolled bills and joint resolutions.[38][40] The House Rules state: "With the approval of the House, the Speaker may appoint a Member to act as Speaker pro tempore only to sign enrolled bills and joint resolutions for a specified period of time."[35] The list of the members with this duty (usually political allies of the speaker, or members from districts close to Washington and thus better able to hold pro forma sessions) is made public.[38]
History
This section needs additional citations for verification. (March 2020) |
The first speaker of the House, Frederick Muhlenberg of Pennsylvania, was elected to office on April 1, 1789, the day the House organized itself at the start of the 1st Congress. He served two non-consecutive terms in the speaker's chair, 1789–1791 (1st Congress) and 1793–1795 (3rd Congress).[41]
As the Constitution does not state the duties of the speaker, the speaker's role has largely been shaped by rules and customs that evolved over time. Scholars are divided as to whether early speakers played largely ceremonial and impartial roles or whether they were more active partisan actors.[42]
19th century
From early in its existence, the speaker's primary function had been to keep order and enforce rules. The speakership was transformed into a position with power over the legislative process under
Toward the end of the 19th century, the office of speaker began to develop into a very powerful one. At the time, one of the most important sources of the speaker's power was his position as Chairman of the
The power of the speaker was greatly augmented during the tenure of the Republican
20th century
The speakership reached its apogee during the term of Republican Joseph Gurney Cannon (1903–1911). Cannon exercised extraordinary control over the legislative process. He determined the agenda of the House, appointed the members of all committees, chose committee chairmen, headed the Rules Committee, and determined which committee heard each bill. He vigorously used his powers to ensure that Republican proposals were passed by the House. In 1910, however, Democrats and several dissatisfied Republicans joined to strip Cannon of many of his powers, including the ability to name committee members and his chairmanship of the Rules Committee.[47] Fifteen years later, Speaker Nicholas Longworth restored much, but not all, of the lost influence of the position.
One of the most influential speakers in history was Democrat
Rayburn's successor, Democrat John W. McCormack (served 1962–1971), was a somewhat less influential speaker, particularly because of dissent from younger members of the Democratic Party. During the mid-1970s, the power of the speakership once again grew under Democrat Carl Albert. The Committee on Rules ceased to be a semi-independent panel, as it had been since 1910. Instead, it once again became an arm of the party leadership. Moreover, in 1975, the speaker was granted the authority to appoint a majority of the members of the Rules Committee. Meanwhile, the power of committee chairmen was curtailed, further increasing the relative influence of the speaker.
Albert's successor, Democrat Tip O'Neill, was a prominent speaker because of his public opposition to the policies of President Ronald Reagan. O'Neill is the longest continuously serving speaker, from 1977 through 1987. He challenged Reagan on domestic programs and on defense expenditures. Republicans made O'Neill the target of their election campaigns in 1980 and 1982 but Democrats managed to retain their majorities in both years.
The roles of the parties reversed in 1994 when, after spending forty years in the minority, the Republicans regained control of the House with the "
21st century
The Republicans came out of the 2000 elections with a further reduced majority but made small gains in 2002 and 2004. The periods of 2001–2002 and 2003–2007 were the first times since 1953–1955 that there was single-party Republican leadership in Washington, interrupted from 2001 to 2003 as Senator Jim Jeffords of Vermont left the Republican Party to become independent and caucused with Senate Democrats to give them a 51–49 majority.
In the 2006 midterm elections, the Democratic Party regained control of the House of Representatives. Nancy Pelosi was elected Speaker of the House, becoming the first woman to hold the position.
President Bush acknowledged Pelosi as the first woman in that position in the opening of his speech.[49]
When Republican leader John Boehner succeeded Pelosi as speaker in 2011, Pelosi remained the leader of the Democratic Party in the House of Representatives and served as House minority leader for eight years before she led her party to victory in the 2018 elections. Following the
Notable elections
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Historically, there have been several controversial elections to the speakership, such as the contest of 1839. In that case, even though the 26th United States Congress convened on December 2, the House could not begin the speakership election until December 14 because of an election dispute in New Jersey known as the "Broad Seal War". Two rival delegations, one Whig and the other Democrat, had been certified as elected by different branches of the New Jersey government. The problem was compounded by the fact that the result of the dispute would determine whether the Whigs or the Democrats held the majority. Neither party agreed to permit a speakership election with the opposite party's delegation participating. Finally, it was agreed to exclude both delegations from the election and a speaker was finally chosen on December 17.
Another, more prolonged fight occurred in 1855 in the
The House found itself in a similar dilemma when the
In December 1923, at the start of the
In 1997, several Republican congressional leaders tried to force Speaker
The Democrats won a majority of seats in the 2006 midterm elections. On November 16, 2006, Nancy Pelosi, who was then minority leader, was selected as speaker-designate by House Democrats.[67] When the 110th Congress convened on January 4, 2007, she was elected as the 52nd speaker by a vote of 233–202, becoming the first woman elected speaker of the House.[68] Pelosi was reelected speaker in the 111th Congress, and again in the 116th and 117th Congresses.[69]
The January 2023 speakership election occurred two months after the 2022 House elections in which the Republicans won a slim four-seat majority. Kevin McCarthy was nominated for speaker by the House Republican Conference but due to a division among the Republicans, no one received a majority of the votes on the first ballot, necessitating an additional round of balloting for the first time since 1923. McCarthy ultimately prevailed when the remaining six anti-McCarthy holdouts voted "present" on the 15th ballot, ending the longest multiple-ballot speaker election since before the Civil War.[70][71][72] He was removed from office less than ten months later, the first time in American History the House voted to remove its incumbent speaker.[73] This led to multiple rounds of voting across multiple weeks to replace him, ultimately leading to the election of Representative Mike Johnson. This came after two weeks of negotiations between Republicans, including three failed votes for Speaker.[74]
Multi-ballot elections
In total, there have been 16 elections requiring multiple ballots to elect a speaker, with 13 before the American Civil War, one in 1923, and two in 2023.[75]
Partisan role
The Constitution does not spell out the political role of the speaker. As the office has developed historically, however, it has taken on a clearly partisan cast, very different from the speakership of most Westminster-style legislatures, such as the speaker of the United Kingdom's House of Commons, which is meant to be scrupulously non-partisan. The speaker in the United States, by tradition, is the head of the majority party in the House of Representatives, outranking the majority leader. However, despite having the right to vote, the speaker usually does not participate in debate and only votes on the most significant bills.
The speaker is responsible for ensuring that the House passes legislation supported by the majority party. In pursuing this goal, the speaker may use their influence over the Rules committee, which is in charge of the business of the House. The speaker chairs the majority party's House steering committee, which selects the majority members of each House standing committee, including the Rules committee (although it's worth to note their appointment to the said committees must be ratified by a resolution of the full House).[76][77] While the speaker is the functioning head of the House majority party, the same is not true of the president pro tempore of the Senate, whose office is primarily ceremonial and honorary.
When the speaker and the president belong to the same party, the speaker tends to play the role in a more ceremonial light, as seen when
On the other hand, when the speaker and the president belong to opposite parties, the public role and influence of the speaker tend to increase. As the highest-ranking member of the opposition party (and de facto
More modern examples include
Presiding officer
As presiding officer of the House of Representatives, the speaker holds a variety of powers over the House and is ceremonially the highest-ranking legislative official in the U.S. government.[83] The speaker may delegate their powers to a member of the House to act as speaker pro tempore and to preside over the House in the speaker's absence; when this has occurred the delegation has always been to a member of the same party.[84] During important debates, the speaker pro tempore is ordinarily a senior member of the majority party who may be chosen for his or her skill in presiding. At other times, more junior members may be assigned to preside to give them experience with the rules and procedures of the House. The speaker may also designate, with approval of the House, a speaker pro tempore for special purposes, such as designating a representative whose district is near Washington, D.C. to sign enrolled bills during long recesses.
Under the rules of the House, the speaker, "as soon as practicable after the election of the speaker and whenever appropriate thereafter", must deliver to the clerk of the House a list of members who are designated to act as speaker in the case of a vacancy or physical inability of the speaker to perform their duties.[85]
On the floor of the House, the presiding officer is always addressed as "Mister Speaker" or "Madam Speaker", even if that person is serving as speaker pro tempore. When the House resolves itself into a Committee of the Whole, the speaker designates a member to preside over the committee, who is addressed as "Mister Chairman" or "Madam Chairwoman". To speak, members must seek the presiding officer's recognition. The presiding officer also rules on all points of order but such rulings may be appealed to the whole House. The speaker is responsible for maintaining decorum in the House and may order the Sergeant-at-Arms to enforce House rules.
The speaker is in charge of deciding which committee a bill will be assigned to, of determining whether to allow a member to make a motion to suspend the rules and of appointing members to select committees and conference committes.[86]
As a member of the House, the speaker is entitled to participate in debate and to vote. Ordinarily, the speaker votes only when the speaker's vote would be decisive or on matters of great importance, such as constitutional amendments or major legislation.[87] Under the early rules of the House, the speaker was generally barred from voting, but today the speaker has the same right as other members to vote but only occasionally exercises it. The speaker may vote on any matter that comes before the House, and they are required to vote where their vote would be decisive or where the House is engaged in voting by ballot.[88]
Other functions
In addition to being the political and parliamentary leader of the House of Representatives and representing their congressional district, the speaker also performs various other administrative and procedural functions, such as:
- Oversees the officers of the House: the sergeant-at-arms, the chief administrative officer, and the chaplain;
- Serves as the chairperson of the House Office Building Commission;[89]
- Appoints the House's parliamentarian,[90] historian, general counsel, and inspector general;[91]
- Administers the House audio and video broadcasting system;
- In consultation with the minority leader, can devise a system of drug testing in the House.[89] This option has never been exercised;[92]
- Receives reports or other communications from the president, government agencies, boards, and commissions;[89] and
- Receives, along with the Twenty-fifth Amendment.[93]
Additionally, the speaker is second in the
Ratification of the Twenty-fifth Amendment in 1967, with its mechanism for filling an intra-term vice-presidential vacancy, has made calling on the speaker, president pro tempore, or a cabinet member to serve as acting president unlikely to happen, except in the aftermath of a catastrophic event.
See also
- Party leaders of the United States House of Representatives
- Party leaders of the United States Senate
Notes
References
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In fact, there is no requirement that the Speaker be a Member of the House.
- ^ Williams, Pete (October 9, 2015). "Can An Outsider Be Speaker of the House?". NBC News. Retrieved January 4, 2023.
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- ^ a b Brent D. Griffiths, Once a secret, the temporary House speaker is Rep. Patrick McHenry, Insider (October 3, 2023).
- 108th Congress, the Speaker is required to deliver to the Clerk a list of Members in the order in which each shall act as Speaker pro tempore in the case of a vacancy in the Office of Speaker."
- ^ a b c d e f Katherine Tully-McManus, McHenry named as acting speaker, Politico (October 3, 2023).
- ^ a b c d Kyle Stewart, What happens next after Kevin McCarthy ousted as speaker of the House, NBC News (October 3, 2023).
- ^ House Practice, chap. 34 (Office of the Speaker): "If the Speaker appoints a Speaker pro tempore only for purposes of signing enrolled bills and joint resolutions, such an appointment may extend for a 'specified period of time' with the approval of the House. Rule I clause 8. The Speaker may appoint two alternate Members to sign enrolled bills. Manual Sec. 634."
- ^ "List of Speakers of the House". history.house.gov. United States House of Representatives. Archived from the original on January 14, 2021. Retrieved January 11, 2019.
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- ^ a b c Heitshusen, Valerie (May 16, 2017). "The Speaker of the House: House Officer, Party Leader, and Representative". CRS Report for Congress RL97-780. Washington, D.C.: Congressional Research Service, Library of Congress. Archived from the original on January 14, 2021. Retrieved January 22, 2019.
- ^ "Parliamentarians of the House". history.house.gov. United States House of Representatives. Archived from the original on January 14, 2021. Retrieved January 22, 2019.
- ^ Forte, David F. "Essays on Article I: Speaker of the House". The Heritage Guide to The Constitution. The Heritage Foundation. Archived from the original on August 22, 2020. Retrieved January 22, 2019.
- ^ "Will members of Congress ever drug-test themselves? They've certainly tried". Roll Call. February 22, 2019. Archived from the original on November 16, 2020. Retrieved November 15, 2020.
- ^ Neale, Thomas H. (November 5, 2018). "Presidential Disability Under the Twenty-Fifth Amendment: Constitutional Provisions and Perspectives for Congress" (PDF). CRS Report for Congress R45394. Washington, D.C.: Congressional Research Service, the Library of Congress. Archived (PDF) from the original on November 8, 2018. Retrieved January 22, 2019.
- ^ a b c Neale, Thomas H. (June 29, 2005). "Presidential Succession: An Overview with Analysis of Legislation Proposed in the 109th Congress" (PDF). CRS Report for Congress RL32969. Washington, D.C.: Congressional Research Service, the Library of Congress. pp. 4–6. Archived (PDF) from the original on January 14, 2021. Retrieved January 22, 2019.
- ^ Gup, Ted (November 28, 1982). "Speaker Albert Was Ready to Be President". The Washington Post. Archived from the original on January 14, 2021. Retrieved January 22, 2019.
Bibliography
- Garraty, John, ed. American National Biography (1999) 20 volumes; contains scholarly biographies of all speakers no longer alive.
- Green, Matthew N. The Speaker of the House: A Study of Leadership (Yale University Press; 2010) 292 pages; Examines partisan pressures and other factors that shaped the leadership of the speaker of the U.S. House of Representatives; focuses on the period since 1940.
- Grossman, Mark. Speakers of the House of Representatives (Amenia, NY: Grey House Publishing, 2009). The comprehensive work on the subject, covering, in depth, the lives of the speakers from Frederick Muhlenberg to Nancy Pelosi.
- Heitshusen, Valerie (November 26, 2018). "Speakers of the House: Elections, 1913–2017" (PDF). Congressional Research Service. Retrieved December 18, 2018.
- Remini, Robert V. The House: the History of the House of Representatives (Smithsonian Books, 2006). The standard scholarly history.
- Rohde, David W. Parties and Leaders in the Postreform House (1991).
- ISBN 9780451528810.
- Smock, Raymond W., and Susan W. Hammond, eds. Masters of the House: Congressional Leadership Over Two Centuries (1998). Short biographies of key leaders.
- Zelizer. Julian E. ed. The American Congress: The Building of Democracy (2004). A comprehensive history by 40 scholars.
External links
- "Capitol Questions." C-SPAN (2003). Notable elections and role.
- The Cannon Centenary Conference: The Changing Nature of the Speakership. (2003). House Document 108–204. History, nature and role of the speakership.
- Congressional Quarterly's Guide to Congress, 5th ed. (2000). Washington, D.C.: Congressional Quarterly Press.
- Wilson, Woodrow. (1885). Congressional Government. New York: Houghton Mifflin.