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Response to turbinetree (Original post)

Fri May 22, 2020, 09:56 PM

16. As much as it pains me to say this, Moscow Mitch may have a point.

Article I, Section 5(1) provides:

"...a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide."

A good argument can be made that the only things either house can do in the absence of a quorum are adjourn until a quorum is present and compel truant members to appear.

The counter argument is in the next sentence, Article I, Section 5(2):

"Each House may determine the Rules of its Proceedings. . . ."

My conclusion is that the more specific rule concerning a quorum would control over the general rule-making provision, otherwise there would be no purpose for the specific quorum provision, which would be reduced to mere surplusage.

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Arrow 26 replies Author Time Post
turbinetree May 22 OP
Evolve Dammit May 22 #1
Midnight Writer May 22 #2
LastLiberal in PalmSprings May 23 #19
Maven May 22 #3
47of74 May 22 #4
duforsure May 22 #5
bigtree May 22 #6
BigOleDummy May 22 #7
calimary May 22 #8
bucolic_frolic May 22 #9
Thekaspervote May 22 #10
kyburbonkid May 22 #11
warmfeet May 22 #12
Hong Kong Cavalier May 22 #13
smb May 29 #24
marble falls May 22 #14
roamer65 May 22 #15
LineReply As much as it pains me to say this, Moscow Mitch may have a point.
TomSlick May 22 #16
smb May 24 #21
TomSlick May 24 #22
smb May 29 #25
TomSlick May 29 #26
Capt. America May 23 #17
Marcuse May 23 #18
area51 May 23 #20
Brainfodder May 25 #23
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