Jefferson, Thomas, 1743-1826
. A MANUAL OF PARLIAMENTARY PRACTICE /
From The Writings of Thomas Jefferson: Volume 2
Electronic Text Center, University of Virginia Library
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SECTION XLV.
AMENDMENTS BETWEEN THE HOUSES.
When either House,e.g. the House of Commons, sends a bill to the other, the
other may pass it with amendments. The regular progression in this case is,
that the Commons disagree to the amendment; the Lords insist on it; the
Commons insist on their disagreement; the Lords adhere to their amendment; the
Commons adhere to their disagreement. The term of insisting may be repeated as
often as they choose, to keep the question open. But the first adherence by
either renders it necessary for the other side to recede or adhere also; when
the matter is usually suffered to fall.-10 Grey, 148. Latterly, however, there
are instances of their having gone to a second adherence. There must be an
absolute conclusion of the subject somewhere, or otherwise transaction s
between the Houses would be endless.3 Hats. 268, 270. The term of insisting, we
are told by Sir John Trevor, was then [1679] newly introduced into Parliamentary usage, by the
Lords.-7 Grey, 94. It was certainly a happy innovation, as it
multiplies the opportunities of trying modifications which may bring the House
to a concurrence.
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Either House, however, is free to pass over the term of insisting, and to
adhere in the first instance.-1 0 Grey, 146. But it is not respectful to the
other. In the ordinary Parliamentary course, there are two free conference s
at least before adherence.-10 Grey, 147.
Either House may recede from its amendment, and agree to the bill; or recede
from their disagreement to the amendment, and agree to the same absolutely, or
with an amendment: For here the disagreement and receding destroy one another,
and the subject stands as before the disagreement.-Elsynge, 23, 27; 9 Grey,
476.
But the House cannot recede from or insist on, its own amendment with an
amendment, for the same reason that it cannot send to the other House an
amendment to its own act after it has passed the act. They may modify an
amendment from the other House by ingrafting an amendment on it, because they
have never assented to it; but they cannot amend their own amendment, because
they have, on the question, passed it in that form; 9 Grey, 353; 10 Grey, 240.
In Senate, March 29, 1798. Nor where one House has adhered to their amendment,
and the other agrees with an amendment, can the first House depart from the
form which they have fixed by an adherence.
In the case of a money bill, the Lords' proposed amendments become, by delay,
confessedly necessary. The Commons, however, refused them, as
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infringing on their privilege as to money bills, but they offered themselves to
add to the bill a proviso to the same effect, which had no coherence with the
Lords' amendments, and urged, that it was an expedient warranted by precedent,
and not unparliamentary in a case become impracticable, and irremediable in
any other way.-3 Hats. 256, 266, 270, 271. But the Lords refused and the bill
was lost, 1 Chand. 288. A like case, 1 Chand. 311. So the Commons resolve, that
it is unparliamentary to strike out at a conference anything in a bill which
hath been agreed and passed by both Houses, 6 Grey, 274; 1 Chand. 312.
A motion to amend an amendment from the other House, takes precedence of a
motion to agree or disagree.
A bill originating in one House, is passed by the other with an amendment.
The originating House agrees to their amendment with an amendment. The other
may agree to their amendment with an amendment; that being only in the second
and not the third degree. For, as to the amending House, the first amendment
with which they passed the bill is a part of its text; it is the only text they
have agreed to. The amendment to that text by the originating House, therefore,
is only in the first degree, and the amendment to that again by the amending
House is only in the second, to wit, an amendment to an amendment, and so
admissible. Just so when, on a bill from the originating
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House, the other, at its second reading, makes an amendment; on the third
reading, this amendment is become the text of the bill, and if an amendment to
it be moved, an amendment to that amendment may also be moved, as being only in
the second degree.