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The use of a motion to vacate the chair has been very rare in the [[United States House of Representatives]], where under House rules it was considered a [[privileged motion]], meaning any Member can offer such a motion at any time and is subject to an immediate vote.<ref>{{cite web|url=https://www.npr.org/sections/itsallpolitics/2015/03/07/391374255/how-to-oust-a-house-speaker-hint-dont-even-try|title=How To Oust A House Speaker (Hint: Don't Even Try)|author=Juana Summers|website=NPR.org |accessdate=2015-10-21|date=2015-03-07}}</ref> However, in the [[116th United States Congress|116th Congress]], House rules were amended so that motions to vacate would not be privileged "except if offered by direction of a party caucus or conference".<ref>{{cite report |last=Hudiburg |first=Jane Armstrong |date=June 27, 2019 |title=House Rules Changes Affecting Floor Proceedings in the 116th Congress (2019-2020) |url=https://crsreports.congress.gov/product/pdf/R/R45787 |publisher=[[Congressional Research Service]] |page=4 |access-date=September 17, 2020 |quote=H.Res. 6 amended Rule IX to establish that a resolution declaring a vacancy in the Office of the Speaker will not qualify as a question of the privileges of the House unless it is offered by direction of a party caucus or party conference.}}</ref> |
The use of a motion to vacate the chair has been very rare in the [[United States House of Representatives]], where under House rules it was considered a [[privileged motion]], meaning any Member can offer such a motion at any time and is subject to an immediate vote.<ref>{{cite web|url=https://www.npr.org/sections/itsallpolitics/2015/03/07/391374255/how-to-oust-a-house-speaker-hint-dont-even-try|title=How To Oust A House Speaker (Hint: Don't Even Try)|author=Juana Summers|website=NPR.org |accessdate=2015-10-21|date=2015-03-07}}</ref> However, in the [[116th United States Congress|116th Congress]], House rules were amended so that motions to vacate would not be privileged "except if offered by direction of a party caucus or conference".<ref>{{cite report |last=Hudiburg |first=Jane Armstrong |date=June 27, 2019 |title=House Rules Changes Affecting Floor Proceedings in the 116th Congress (2019-2020) |url=https://crsreports.congress.gov/product/pdf/R/R45787 |publisher=[[Congressional Research Service]] |page=4 |access-date=September 17, 2020 |quote=H.Res. 6 amended Rule IX to establish that a resolution declaring a vacancy in the Office of the Speaker will not qualify as a question of the privileges of the House unless it is offered by direction of a party caucus or party conference.}}</ref> |
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A motion to vacate the chair has been attempted twice in the House of Representatives: in March 1910<ref>{{cite web|url=https://www.nbcnews.com/news/us-news/fellow-republican-launches-bid-oust-boehner-house-speaker-n400071 |
A motion to vacate the chair has been attempted twice in the House of Representatives: in March 1910<ref>{{cite web |last=Russert |first=Luke |last2=Johnson |first2=Alex |last3=Moe |first3=Alex |date=2015-07-28 |title=Fellow Republican Launches Bid to Oust Boehner as House Speaker |url=https://www.nbcnews.com/news/us-news/fellow-republican-launches-bid-oust-boehner-house-speaker-n400071 |accessdate=2015-10-21 |website=[[NBC News]]}}</ref> and in July 2015. The 2015 motion, filed by [[Mark Meadows (North Carolina politician)|Mark Meadows]] to vacate the speakership of [[John Boehner]], was non-privileged<ref>{{cite news|url=https://www.washingtonpost.com/news/post-politics/wp/2015/07/28/rep-mark-meadows-makes-bid-to-oust-boehner-from-speakership/|title=GOP congressman launches bid to oust John Boehner as House speaker|author=Mike DeBonis|newspaper=[[The Washington Post]] |accessdate=2015-10-21|date=2015-07-28}}</ref><ref name="national-journal">{{cite web|url=http://www.nationaljournal.com/s/71110/mark-meadows-tries-boot-boehner-from-speakership|title=Mark Meadows Tries to Boot Boehner From Speakership|author=Daniel Newhauser|date=2015-07-28|accessdate=2015-10-21}}</ref> and was referred to the [[United States House Committee on Rules|Rules Committee]] instead of triggering an immediate floor vote.<ref name="national-journal" /> The motion, however, contributed to the eventual resignation of Boehner in September 2015.<ref>{{cite web|url=https://www.theatlantic.com/politics/archive/2015/09/john-boehner-will-resign-as-speaker/407374/|title=The Resignation of John Boehner|accessdate=2015-10-21|date=2015-09-25|author=Russell Berman|website=[[The Atlantic]] }}</ref> |
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== See also == |
== See also == |
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Revision as of 02:04, 10 January 2023
A motion to vacate is a formal proposal, either to 'vacate' (or reverse) the decision in a matter which had previously been formally ruled upon or decided, or to replace the holder of a presiding position.
Legal use
In the legal context, a motion to vacate is a formal request to overturn a court's earlier judgment, order, or sentence. This typically involves an attorney filing a written legal motion for consideration by a judge.
Parliamentary use
In a parliamentary context, as used in a legislative body, a motion to vacate is made by a member of the body to propose that the presiding officer (or 'chair') step down. That is commonly referred to as a "motion to vacate the chair".
In the U.S. House of Representatives
The use of a motion to vacate the chair has been very rare in the United States House of Representatives, where under House rules it was considered a privileged motion, meaning any Member can offer such a motion at any time and is subject to an immediate vote.[1] However, in the 116th Congress, House rules were amended so that motions to vacate would not be privileged "except if offered by direction of a party caucus or conference".[2]
A motion to vacate the chair has been attempted twice in the House of Representatives: in March 1910[3] and in July 2015. The 2015 motion, filed by Mark Meadows to vacate the speakership of John Boehner, was non-privileged[4][5] and was referred to the Rules Committee instead of triggering an immediate floor vote.[5] The motion, however, contributed to the eventual resignation of Boehner in September 2015.[6]
See also
References
- ^ Juana Summers (2015-03-07). "How To Oust A House Speaker (Hint: Don't Even Try)". NPR.org. Retrieved 2015-10-21.
- ^ Hudiburg, Jane Armstrong (June 27, 2019). House Rules Changes Affecting Floor Proceedings in the 116th Congress (2019-2020) (Report). Congressional Research Service. p. 4. Retrieved September 17, 2020.
H.Res. 6 amended Rule IX to establish that a resolution declaring a vacancy in the Office of the Speaker will not qualify as a question of the privileges of the House unless it is offered by direction of a party caucus or party conference.
- ^ Russert, Luke; Johnson, Alex; Moe, Alex (2015-07-28). "Fellow Republican Launches Bid to Oust Boehner as House Speaker". NBC News. Retrieved 2015-10-21.
- ^ Mike DeBonis (2015-07-28). "GOP congressman launches bid to oust John Boehner as House speaker". The Washington Post. Retrieved 2015-10-21.
- ^ a b Daniel Newhauser (2015-07-28). "Mark Meadows Tries to Boot Boehner From Speakership". Retrieved 2015-10-21.
- ^ Russell Berman (2015-09-25). "The Resignation of John Boehner". The Atlantic. Retrieved 2015-10-21.