Note 28 — INTRODUCTION.

[17] The common parliamentary law in regard to this motion is thus laid down in Section 33 of Jefferson’s Manual, the authority in both Houses of Congress: “4. When the House has something else which claims its present attention, but would be willing to reserve in their power to take up a proposition whenever it shall suit them, they order it to lie on their table. It may then be called for at any time.” But, on account of the enormous number of bills introduced each session and the possibility of considering only a small fraction of them, Congress has been obliged to find some way by which the majority can quickly kill a bill. The high rank and undebatability of this motion enabled it to be used for this purpose by simply allowing its mover the right of recognition in preference to the member reporting the bill, and then not allowing a question to be taken from the table except under a suspension of the rules (unless it is a privileged matter), which requires a two-thirds vote. This complete revolution in the use of the motion to lay on the table renders all the practice of Congress in regard to this motion useless for any ordinary deliberative assembly. It is the extreme of a “gag law,” and is only justifiable in an assembly where it is impossible to attend to one-tenth of the bills and resolutions introduced. In Congress, to lay on the table and the previous question require the same vote (a majority), and in all ordinary societies where to lay on the table is habitually used to kill questions, it should require the same vote as the previous question, namely, two-thirds.