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Response to smb (Reply #25)

Fri May 29, 2020, 11:24 PM

26. In my years of practicing trial and appellate law,

when someone claims an asserted position is obviously true, the matter is hardly obvious.

I quoted Article I, Section 5(1): "...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."

Under this provision, a majority of the house constitutes a quorum. Absent a quorum, the only actions the house may take is to adjourn from day to day and to compel the attendance of the truant members.

I also quoted Article I, Section 5(2): "Each House may determine the Rules of its Proceedings. . . ."

The longstanding definition of "quorum" is the minimum number of a body that must be present for the conduct of business. The question is whether Section 5(2) allows a house to determine by rule that a quorum can be met by proxy or virtual attendance contrary to the usual meaning of "quorum."

It seems to be an interesting question of constitutional history and construction, the final determination of which is hardly obvious.

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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
TomSlick May 22 #16
smb May 24 #21
TomSlick May 24 #22
smb May 29 #25
LineLineLineLineLineNew Reply In my years of practicing trial and appellate law,
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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