Chapter 3

           The Speaker of the House and the Committee on Rules

                          Christopher M. Davis


                 Analyst in American National Government

                     Congressional Research Service


                                     


  The rules . . . are not for the purpose of protecting the rights of 
the minority, but to promote the orderly conduct of the business of the 
House.


                                                  Speaker Thomas B. Reed

  [To provide the Speaker] absolute control of the House through its 
Committee on Rules is giving greater power to the Speaker of the House 
than any man in this free Republic ought to possess.


                                         Representative Joseph W. Bailey

  The Speaker of the House and the Committee on Rules have existed since 
the First Congress. In fact, the first select committee established in 
the House in 1789 was a Committee on Rules; the first rule it reported 
detailed the duties of the Speaker.
  For the first 90 years of its existence, the Rules Committee was a 
temporary and relatively unimportant entity. From 1789 to 1880, however, 
both the link between the Speaker and the Rules Committee, and the power 
of each, would grow. This accumulation of influence was gradual, and was 
tied directly to the actions and aspirations of individual Speakers. In 
1858 a sitting Speaker was named a member of the Select Rules Committee, 
and in 1880, the panel was made a permanent standing committee which the 
Speaker chaired.
  Since 1880, the committee has been at various times an agent of the 
Speaker's power, an opponent and counterweight to it, a political 
traffic cop, a leadership gatekeeper, an unmovable parliamentary 
roadblock, an investigative and oversight body, and a secondary 
legislative filter. The Rules Committee has played an increasingly 
important role in the Congress. Through it, Speakers of the House have 
been able to largely control not only the flow, but the substance, of 
legislation from the standing committees to the House floor. The 
committee has become one of the most important ingredients in a 
Speaker's ability to govern.
  As one scholar points out, ``Sometimes a Speaker has dominated the 
[Rules] Committee from his position as its chairman; more often than 
not, he has exerted great influence over it through his impact on the 
selection of its members. More rarely, he has been confronted with an 
independent and sometimes rebellious committee.'' \1\
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\1\ U.S. House of Representatives, Committee on Rules, A History of the 
Committee on Rules, committee print, 97th Cong., 2d sess. (Washington: 
GPO, 1983), p. 6.
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  The power relationship between the Rules Committee and the Speaker has 
often been a synergistic one, each reinforcing the other. It is little 
wonder, then, that the House Rules Committee is often called ``the 
Speaker's committee.''

                    The Origin of the Rules Committee

  While today the Rules Committee is central to the power of the Speaker 
and the operations of the modern Congress, the origin of the committee 
is far more modest. In April 1789, when a quorum was finally achieved in 
the First Congress after weeks of waiting for Members to arrive from the 
13 States, the first select committee established was a committee on 
rules. The 11-member panel, appointed by Speaker Frederick A.C. 
Muhlenberg of Pennsylvania and chaired by Representative Elias Boudinot 
of New Jersey, was directed to ``prepare and report such standing rules 
and orders of proceedings as may be proper to be observed in this 
House.'' \2\ When the select committee reported back to the House 5 days 
later, the first rule it recommended outlined the duties and powers of 
the Speaker of the House. This rules package was known as the ``Boudinot 
rules,'' after the chair of the select committee.
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\2\ Journal of the House of Representatives, 1st Cong., 1st sess., April 
2, 1789, p. 6.
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  At this time, and indeed, for the next 90 years, the Committee on 
Rules wielded scant influence over the substance of legislation or the 
order of procedural business in the House. During these early years, 
when the Congress was small, and conducted comparatively little 
legislative business, the Rules Committee was largely a housekeeping 
panel that met at the beginning of a session to craft a rules package 
or, more frequently, simply to readopt the Boudinot rules of the First 
Congress. In many early congressional sessions, the Rules Committee met 
once to accomplish this task, and not again; in other Congresses, the 
panel did not make a single report. One congressional scholar has 
pointed out, ``the custom of re-adopting the Boudinot Rules . . . left 
little [work] to a Committee on Rules.'' \3\ In fact, in its early 
history, the select committee was so insignificant to the operations of 
the House that, during one 11-year period--from 1817 to 1828--Speakers 
of the House did not even bother to appoint Members to the committee.\4\
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\3\ DeAlva Stanwood Alexander, History and Procedure of the House of 
Representatives (Boston: Houghton Mifflin, 1916), p. 182.

\4\ James A. Robinson, The House Rules Committee (Indianapolis: Bobbs-
Merrill, 1963), p. 59.
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  From 1841 to 1883, however, the Rules Committee began a gradual 
evolution that would transform it into one of the House's most powerful 
committees. As a result of this evolution, the Rules Committee would 
become so central to the power of the Speaker and the scheduling of the 
business of the House, that in spring 1910, almost 121 years to the day 
after the first Select Rules Committee was established, the House, in a 
rare instance of open revolution, would rise up in bipartisan revolt 
against the Speaker of the House and strip him of his seat on the Rules 
Committee, an entity which had become ``the citadel of his power.'' \5\
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\5\ Ibid., p. 57.
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  This journey to the heights of power was a slow one, however, that 
evolved even as the young legislative body grew. In June 1841, the House 
gave the Rules Committee the power to report from time to time; prior to 
that, the panel had only been permitted to report at the beginning of a 
Congress on possible revisions to the rules. This change was made in the 
hope that the additional power granted the committee would allow it to 
undertake a comprehensive reform of the Chamber's rules, which had 
become a ``hodgepodge'' that ``bordered on chaos.'' \6\ The committee, 
however, was unable to make a comprehensive reform of House rules. 
Shortly thereafter, Speaker John White of Kentucky, conferred additional 
influence on the committee by ruling that the panel could ``make reports 
in part at different times.'' \7\
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\6\ A History of the Committee on Rules, pp. 44-45.

\7\ Ibid., p. 44.
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  In 1849, the House, frustrated with the continued confused state of 
the rules, briefly made Rules a standing committee with the hopes that 
doing so would enable it to comprehensively reform the Chamber's rules. 
After 4 years, however, the panel had still not been able to accomplish 
this task. Simply put, ``what resulted was more of the same.'' \8\
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\8\ Ibid., p. 45.
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  In 1853, the House adopted a resolution making legislation reported 
from the Rules Committee privileged for consideration, mandating that 
reports from the panel be ``acted upon by the House until disposed of, 
to the exclusion of all other business.'' \9\ This additional grant of 
power failed to help the panel achieve comprehensive rules reform and, 
in 1857, the panel remained so unimportant that the House did not even 
create it until a full 6 months of the 35th Congress had elapsed.
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\9\ ``The Rules Again,'' Congressional Globe, vol. 23, Dec. 5, 1853, p. 
4.
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  In 1858, however, an important breakthrough occurred. The House 
established a select panel made up of the Speaker and four other Members 
to revise the rules and report back to the full House; this was the 
first time that a Speaker had served on one of the Chamber's legislative 
committees. Under the resolution, the Speaker named the four other 
members of the select committee. During floor debate, one Member offered 
an amendment to have the House, rather than the Speaker, appoint these 
members, but it was overwhelmingly defeated and the resolution 
establishing the select committee was adopted with almost no debate.\10\ 
Although the action received little debate on the floor, it marked the 
first time the Speaker was in full command of the Rules Committee.
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\10\ ``Revision of the Rules,'' Congressional Globe, vol. 28, June 14, 
1858, p. 3048.
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  In the 36th Congress, the select committee reported back its suggested 
revisions of the rules, which were subsequently adopted by the House. 
Included in the report were provisions providing for a five-person Rules 
Committee appointed and chaired by the Speaker of the House.\11\ The 
Speaker would remain a member of the House Rules Committee, serving as 
its chair, appointing its members (as well as the members of all House 
committees) and exercising its power and authority for the next three 
decades. Thus, after 1858, the powers of the committee and the authority 
of the Speaker became even more closely linked, ``a circumstance which 
served both to enhance the role of the committee and to strengthen the 
influence of the Speaker.'' \12\
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\11\ U.S. Library of Congress, Congressional Research Service, A Short 
History of the Development of the Committee on Rules, typed report by 
Walter Kravitz and Walter J. Oleszek, Jan. 30, 1978, p. 4.

\12\ Ibid.
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  In 1880, the Rules Committee was made a permanent standing committee 
of the House and given legislative jurisdiction over ``all proposed 
action touching the rules and joint rules.'' The House undertook this 
action in the course of another comprehensive overhaul of its rules, 
which reduced the number of standing rules from 166 to 44.\13\
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\13\ George B. Galloway, History of the United States House of 
Representatives, 89th Cong., 1st sess., H. Doc. 250 (Washington: GPO, 
1965), p. 47.
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  The first chairman of the revamped committee, Speaker Samuel J. 
Randall (D-PA), used his authority on the Rules Committee to bolster the 
influence of his office, establishing that all future rules changes 
should be referred to the Rules Committee, and that its reports could be 
brought to the floor any time.\14\
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\14\ Ibid., p. 47.
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  The powers of the committee and the Speaker continued to grow when 
control of the Chamber shifted again in 1881. One of the first Members 
to recognize the full potential of the Rules Committee to manage 
legislative business was Representative Thomas Brackett Reed (R-ME), who 
was appointed to the Rules Committee in 1882.
  In February 1883, in an important development that foreshadowed the 
role of the modern Rules Committee, the House upheld a Speaker's ruling 
that the committee could report a special order of business for a 
specific bill. The significance of this ruling was that it allowed the 
House to take up individual bills by a simple majority vote rather than 
being forced to rely on the cumbersome suspension of the rules 
procedure, which required a super majority vote of two-thirds, or by 
unanimous consent.\15\
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\15\ Ibid., p. 48.
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  This ruling was prompted by Representative Reed, who called up a 
resolution reported by the Rules Committee that sought to allow the 
House to suspend the rules by simple majority vote and request a 
conference with the Senate on tariff legislation. A point of order was 
made by Representative Joseph Blackburn (D-KY) against the resolution on 
the grounds that the Rules Committee did not have the authority to 
report such a resolution. In making his argument, Blackburn pointed out 
that the resolution was neither a House rule nor an amendment to House 
rules, and should thus be ruled out of order. Speaker J. Warren Keifer 
(R-OH) overruled the point of order on grounds that the resolution was 
``reported as a rule from the Committee on Rules.'' The Speaker 
explained that, just as the Rules Committee could report a rule to 
suspend or repeal any or every rule of the House, subject to approval by 
the House itself, it could also issue a rule that would ``apply to a 
single great and important measure . . . pending before the Congress.'' 
\16\
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\16\ House Committee on Rules, Official Web site, www.house.gov/rules, 
accessed on Aug. 12, 2003.
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  While this was the first instance of the House adopting a ``special 
rule'' for the consideration of a specific bill, it did not at that time 
lead to a flood of special rules from the Speaker, or give an indication 
of the tremendously important procedural development it would later 
prove to be. ``The method of adopting a special order from the Committee 
on Rules by a majority vote,'' one historian noted, ``was not in favor 
for the following three Congresses. In 1887, it was regarded as a 
proceeding of `doubtful validity' . . . it was not until . . . 1890 that 
this method . . . gained the favor of the House as an efficient means of 
bringing bills out of their regular order for . . . immediate 
consideration.'' \17\
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\17\ Chang-Wei Chiu, The Speaker of the House of Representatives Since 
1896 (New York: Columbia University Press, 1928), pp. 120-121.
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  By 1890, the function of providing special orders of business for the 
consideration of legislation became routine and was the sole prerogative 
of the Rules Committee and its chair, the Speaker. Speaker John G. 
Carlisle (D-KY), regularly issued special rules from the committee for 
individual bills, further cementing the practice. ``Since that time,'' 
former House Parliamentarian Asher Hinds points out, the issuance of 
special rules ``has been in favor as an efficient means of bringing up 
for consideration bills difficult to reach in the regular order and 
especially as a means for confining within specified limits the 
consideration of bills involving important policies for which the 
majority party in the House may be responsible.'' \18\
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\18\ Asher C. Hinds, Hinds' Precedents of the United States House of 
Representatives, 5 vols. (Washington: GPO, 1907), vol. IV,  3152.
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  When Republicans retook control of the House in the 51st Congress, 
1889-1891, Representative Reed was chosen Speaker. He immediately took 
advantage of his position as chairman of the Rules Committee to control 
legislative business on the floor through the use of special rules. More 
importantly, Speaker Reed used his power as Speaker and chairman of the 
Rules Committee in tandem to clear minority obstruction of floor 
business.
  As presiding officer, Reed issued several landmark rulings that in 
effect, outlawed minority obstructive tactics, particularly the 
``disappearing quorum,'' a parliamentary innovation pioneered by John 
Quincy Adams during his 17 years as a Member of the House following his 
one term as President. By this tactic, minority Members, although 
physically present in the House Chamber, would refuse to vote, thus 
denying the body the quorum needed to do business. Speaker Reed ruled 
against these obstructions as presiding officer, and then, as chairman 
of the Rules Committee, codified his rulings into the standing rules of 
the House. These provisos, together with a comprehensive overhaul of the 
rules undertaken by Reed, came to be known as the ``Reed rules,'' and 
serve as the basis for the power of the modern Speaker and the 
operations of the present-day House. Most notably, the Reed rules 
established a framework by which the Speaker, as leader of the majority 
party in the House, could move his legislative agenda forward.
  Additional power accrued to the Speaker through the Rules Committee 
when, in 1891, the committee was given the authority to report at any 
time. Two years later it was also granted the right to sit during 
sessions of the House.\19\
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\19\ Ibid.,  4321.
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  Even when viewed through the prism of the House in later periods of 
centralized power, it is difficult to convey the absolute control 
exercised by the Speaker during this period.
  So absolute was ``Czar'' Reed's control of the business of the House 
through the scheduling powers of the Rules Committee, that, when told of 
a particularly long debate that had consumed the time of the Senate, the 
Speaker was able to remark without humor or irony, ``Thank God the House 
of Representatives is not a deliberative body.'' \20\
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\20\ Asher C. Hinds, ``The Speaker of the House of Representatives,'' 
American Political Science Review, vol. 3, May 1909, pp. 155-156.

                    The Revolt Against Speaker Cannon

  The power of the Speaker of the House, through and by the Rules 
Committee, continued to grow under Speaker Joseph G. ``Uncle Joe'' 
Cannon (R-IL), who served as the Chamber's presiding officer from 1903 
to 1910. Speaker Cannon was a colorful figure, and a strong believer in 
party discipline. He did not hesitate to use his power in appointing 
committee members and even committee chairs, and in punishing those who 
did not obey his wishes.
  In assessing the leadership of Speaker Cannon, one scholar has 
remarked, ``Particularly significant was Speaker Cannon's power as 
chairman of the Committee on Rules. The Committee was small--never over 
five Republican Members prior to 1910. The three-to-two edge of the 
Republicans was potent, however, since the Speaker appointed the members 
carefully--insuring that they agreed with his views.'' \21\
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\21\ Charles O. Jones, ``Joseph G. Cannon and Howard W. Smith: An Essay 
on the Limits of Leadership in the House of Representatives,'' The 
Journal of Politics, vol. 30, Aug. 1968, pp. 617-646.
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  Cannon was well prepared to use the committee as an instrument of 
power, having observed its use under Speaker Reed. Indeed, Cannon was no 
stranger to the use of raw political power. As chairman of the House 
Appropriations Committee in 1898, Cannon ``wooshed through a then 
staggering $50 million appropriation to allow President William McKinley 
to fight the Spanish American War--without consulting or even informing 
his fellow committee members about it.'' \22\
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\22\ Michael Kilian, ``Tough Act to Follow,'' Chicago Tribune, Jan. 23, 
1995, sec. 2, p. 1.
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  Cannon continued that use of political power when he became Speaker 
and Rules chair. ``Before March, 1910, the power of the Speaker was in 
part due to the increase in the power of the Committee on Rules,'' as 
one writer has observed, because the committee ``had privileges which 
were not accorded by the House to any other committee. Through a special 
order, the Committee . . . regulated what should be considered, how long 
debate on a bill should last, when a vote should be taken, or whether a 
bill should be voted with or without amendment. It proposed amendments 
to legislative bills over which other committees had jurisdiction.'' 
\23\
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\23\ Chiu, The Speaker of the House of Representatives Since 1896, pp. 
124-125.
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  Speaker Cannon used his power over the Rules Committee coupled with 
his power of recognition to manage the business of the House down to the 
smallest detail. Writing of Cannon's daily meetings with his Rules 
Committee lieutenants and rank and file Members seeking the Speaker's 
permission to consider their bills, one reporter related:

  If the Speaker decides in the applicant's favor, he takes a little pad 
and writes the Congressman's name and number of the bill on it. Later, 
when the House assembles and the Speaker calls it to order, he has this 
little pad in his hand or lying beside him on his desk. The various 
successful applicants arise and shout ``Mr. Speaker!'' while the 
unsuccessful ones sit glumly in their seats . . . The Speaker does not 
even look at the shouting applicants. He studies his pad and calls out, 
``The Gentleman from Ohio,'' or ``The Gentleman from Illinois,'' until 
the entire list is exhausted. There is more finality in a Cannon ``yes'' 
or ``no'' than in that of any other man in America. \24\
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\24\ ``A Glimpse Into Speaker Cannon's Famous Red Room,'' New York 
Times, Dec. 13, 1908, p. SM8.

  Minority Leader (and later Speaker), Champ Clark, summed up Speaker 
Cannon's partisan use of the Rules Committee when he told his House 
colleagues in 1910, ``I violate no secret when I tell you the committee 
is made up of three very distinguished Republicans and two ornamental 
Democrats.'' \25\
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\25\ Representative Champ Clark, remarks in the House, Congressional 
Record, vol. 45, March 17, 1910, p. 3294.
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  It is clear that, ``the legislative agenda, the progress of bills, 
members' committee assignments, almost every function of the House, all 
. . . was under the control of the Speaker and the five-member House 
Rules Committee, which was made up of Cannon and four of his hand-picked 
colleagues.'' \26\ So absolute was Speaker Cannon's rule, that one, 
perhaps apocryphal, story claimed that, ``when a constituent asked one 
representative for a copy of the rules of the House toward the end of 
Cannon's Speakership, the member simply mailed the man a picture of the 
white-bearded Cannon.'' \27\
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\26\ Ibid., p. 1.

\27\ Kilian, ``Tough Act to Follow,'' sec. 2, p. 1.
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  In 1909, the House, which had become increasingly frustrated with 
Speaker Cannon's iron grip over the legislative agenda, enacted a 
potential restriction on his scheduling power through the Rules 
Committee when it adopted the ``Calendar Wednesday'' procedure. Under 
this procedure, each Wednesday was reserved exclusively for the various 
standing legislative committees to call up measures in their 
jurisdiction for floor consideration. This procedure could be used to 
bring to the floor measures for which the Rules Committee had granted no 
hearing or special rule. While the adoption of Calendar Wednesday was an 
attack on the power of the Speaker, in practice, Cannon was largely able 
to render it ineffective.
  Noted parliamentary expert with the House, Asher C. Hinds, argued that 
far too much was made of the Speaker's power vis-a-vis the Rules 
Committee. He wrote in 1909, ``The power of the Speaker, as it is 
related to the Committee on Rules, is much overestimated. When a 
committee has once reported a bill, that bill is in the hands of the 
House.'' \28\ Hinds further argued that the Rules Committee did nothing 
in practice that was revolutionary or inappropriate, but only did what 
the party caucuses had routinely done in previous years. It is important 
to keep in mind, however, that while Hinds was intimately familiar with 
the operations of the Cannon House, he was also the clerk at the 
Speaker's table, so his viewpoint arguably cannot be considered entirely 
unbiased.
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\28\ Hinds, ``The Speaker of the House of Representatives,'' p. 162.
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  Speaker Cannon and his Republican majority had ample warning of the 
unrest brewing among the more progressive Members of both parties during 
the 60th and 61st Congresses. Some observers of Congress have alleged 
that this mounting frustration was attributable less to Cannon's 
absolute control of the House through the Rules Committee than the fact 
that he used that power to prevent the House from voting on progressive 
legislation which rank and file Members of Congress of both parties 
supported. ``It was `Uncle Joe' Cannon's economic and social 
philosophy,'' one scholar argues, ``that first aroused [Republican 
insurgents] against his autocracy'' \29\ Whatever the genesis of the 
reform movement, Speaker Cannon was steadfastly unwilling to heed the 
growing chorus calling for reform. In characteristically blunt style, he 
said, ``I am damned tired of listening to all this babble for reform. 
America is a hell of a success.'' \30\
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\29\ Robinson, The House Rules Committee, p. 61.

\30\ Greg Pierce, ``Joe Made Them Cry Uncle,'' Washington Times, May 7, 
1986, p. 2D.
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  Member frustration spilled onto the floor when, ``Twelve insurgents 
refused to vote for Cannon for Speaker at the opening of the special 
session in 1909 called by President Taft to consider the tariff . . . 
[and] a combination of insurgents and Democrats defeated a motion to 
adopt the rules of the previous Congress. At that point Minority Leader 
Clark offered a resolution which would have increased the size of the 
Committee on Rules, removed the Speaker from the committee and taken 
from the Speaker his power of appointing all committees except Ways and 
Means.'' \31\
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\31\ Jones, ``Joseph G. Cannon and Howard W. Smith,'' pp. 617-646.
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  The Speaker was able to fend off this attack by agreeing to a 
compromise motion to establish a unanimous consent calendar, a motion of 
recommital for the minority party, and increases in the number of votes 
necessary to set aside the Calendar Wednesday procedure.
  Speaker Cannon later meted out his revenge against the rebels. As one 
reporter noted days after the quashed revolt, ``With few exceptions, 
members of the House who opposed the Speaker's candidacy or opposed the 
adoption of the . . . rules find themselves tonight with undesirable 
committee assignments or without the promotion long service on a 
particular committee entitled them to expect.'' \32\
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\32\ ``Cannon Disciplines House Insurgents,'' New York Times, Aug. 6, 
1909, p. 2.
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  While he was able to delay the inevitable, in the end, even Speaker 
Cannon's mastery of the Rules Committee could not prevent the full House 
from working its will. Frustration with ``Cannonism'' came to a final 
head on St. Patrick's Day, 1910, when a small band of progressive 
Republican Members, led by Representative George W. Norris (R-NE), 
joined with Democrats to again challenge the powers of the Speaker. 
Cannon had given opponents a parliamentary opening when he tried to shut 
down the use of the Calendar Wednesday procedure. In response, Norris 
rose and offered a resolution as a matter of constitutional privilege to 
change House rules by removing the Speaker as chair and member of the 
Rules Committee, and by expanding the panel's membership from 5 to 15, 
to be chosen by State delegations.
  In later years, Representative Norris recalled of his reform 
resolution, ``I had carried it for a long time, certain, that in the 
flush of its power, the Cannon machine would overreach itself. The paper 
upon which I had written my resolution had become so tattered it 
scarcely hung together.'' \33\
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\33\ Jones, ``Joseph G. Cannon and Howard W. Smith,'' pp. 617-646.
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  Supporters of the Speaker quickly raised a point of order against the 
Norris resolution, arguing that it did not carry the constitutional 
privilege its author claimed. Speaker Cannon allowed debate on the point 
of order to continue for 2 days, after which he sustained it. Cannon's 
decision that the Norris resolution was not in order was then appealed 
to the full House which overturned the Speaker's ruling by a vote of 182 
to 162. The Norris resolution was then adopted, 191 to 156, after 
Representative Norris amended it to provide for a 10-member Rules 
Committee elected by the entire House. Cannon continued to serve as 
House Speaker, but without the unchecked power he had previously 
commanded.

      Decentralization of the Speaker's Power Over Rules Committee

  Although the overthrow of Speaker Cannon drastically reduced the power 
of the Speaker to singlehandedly manage the flow and content of 
legislative business, the Rules Committee's power remained largely 
intact. The post-Cannon period was a time of general decentralization of 
authority in the House of Representatives, and one where power resided 
in the caucus and the majority floor leader even more than in newly-
elected Speaker Champ Clark (D-MO). When Democrats regained control of 
the House in 1911, they set up a system of governance largely through 
party apparatus, making extensive use of binding votes in caucus to 
compel Democratic Members to support the majority legislative agenda on 
the floor. This era of ``King Caucus'' meant that gone were the days 
when the Speaker was ``considered . . . an officer second only in power 
and influence to the President of the United States himself, and so far 
as the enactment of legislation was concerned, to exercise powers 
superior to [the President].'' \34\
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\34\ Galloway, History of the United States House of Representatives, p. 
122.
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  It would be a mistake, however, to conclude that after 1910 the 
weakened Office of the Speaker did not continue to exert influence over 
the Rules Committee in the service of the majority party agenda, or to 
continue to accumulate power for the panel. The Speaker, in conjunction 
with the newly influential floor leader, Representative Oscar Underwood 
(D-AL), continued to use the power of the Rules Committee as one of his 
most powerful management tools. ``Excepting only the caucus,'' the Rules 
Committee during Underwood's speakership became, ``the most necessary 
and essential feature of the new floor leader system in the House.'' 
\35\ Democratic leaders made certain that the Rules Committee continued 
to serve as an organ of the majority party by carefully stocking the 
committee with solid party loyalists.
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\35\ James S. Fleming, ``Oscar W. Underwood: The First Modern House 
Leader, 1911-1915,'' in Roger H. Davidson, Susan Webb Hammond, and 
Raymond W. Smock, eds.,  Masters of the House: Congressional Leadership 
Over Two Decades (Boulder, CO: Westview Press, 1998), p. 108.
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  Although the speakership was weakened during this period, Speakers 
continued to accrue power for the panel. In 1920, for example, Speaker 
Frederick H. Gillett of Massachusetts ruled that the committee might 
report a resolution providing for the consideration of a bill that had 
not yet been introduced.\36\ The ruling was an important one that 
foreshadowed the modern Rules Committee's ability to manage not only the 
consideration, but the content, of legislative business in the House.
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\36\ Clarence Cannon, Cannon's Precedents of the House of 
Representatives, 6 vols. (Washington: GPO, 1935-1941), vol. VIII,  
3388.
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  Speakers also continued to use their influence to prevent the Rules 
Committee from reporting rules for legislation they and the majority 
party opposed. In 1922, for example, the committee blocked a resolution 
demanding answers about the Department of Justice's handling of an 
investigation relating to war contract fraud \37\ which the majority 
opposed.
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\37\ ``House Inquiry Plan is Again Blocked,'' New York Times, May 28, 
1922, p. 2.
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  The power of the Speaker to control the legislative agenda was further 
increased in 1924, when the ``pocket veto'' power of the chairman of the 
Rules Committee was curbed by Speaker Gillett after the Rules Committee 
chairman had exercised his discretion to hold resolutions from floor 
consideration long after the Rules Committee had reported them.
  In 1925, during the speakership of Nicholas T. Longworth (R-IL), one 
Member bemoaned this ability to obstruct legislation, stating that the 
Speaker and the members of the Rules Committee ``were empowered by . . . 
House `gag rules' to allow legislation to live or to make it die'' while 
other Members looked on, ``. . . as helpless as little children.'' The 
Member in question concluded that this was simply, ``too damned much 
power.'' \38\
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\38\ ``Howard Charges Gag Rule in the House,'' New York Times, March 19, 
1930, p. 19.
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  Soon after assuming the speakership, Longworth had moved to restore 
the Speaker's power over the Rules Committee. ``To consolidate his 
control, Longworth had the Committee on Committees remove three 
[insurgent progressive] Members from the Rules Committee . . . and 
replace them with dependable party regulars.'' During Longworth's 
tenure, Rules Committee chair Bertrand Snell was a member of a group 
known as the ``Big Four'' which acted as Speaker Longworth's inner 
circle of advisors and the party's principal policy body.\39\
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\39\ Donald C. Bacon, ``Nicholas Longworth: The Genial Czar,'' in 
Masters of the House, p. 134.
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  This trend toward restoring the Speaker's power over the committee 
continued under Speaker John Nance Garner (D-TX), who ``functioned as a 
broker, a negotiator who put together coalitions and compromises by 
working with and through committee chairs,'' including the Rules 
Committee.\40\
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\40\ Anthony Champagne, ``John Nance Garner,'' in Masters of the House, 
p. 170.
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  In another important development, in 1933, Speaker Henry T. Rainey (D-
IL) upheld the Rules Committee's right to report a resolution for 
consideration of a bill on which the House had refused to act under 
suspension of the rules. Speaker Rainey also shepherded through the 
Chamber an increase in the threshold needed to discharge legislation 
from committees--from 145 to 218--to stop legislation awarding veterans 
a cash bonus from being brought up in Congress.\41\ This latter 
development further empowered the Rules Committee and the Speaker in 
relation to rank and file Members.
---------------------------------------------------------------------------


\41\ ``Discharge Rule Approved,'' New York Times, April 19, 1933, p. 3.
---------------------------------------------------------------------------

  Still later in the Rainey speakership, a Member was named to the Rules 
Committee over the Speaker's objections. That Member was ``Judge'' 
Howard W. Smith of Fauquier County, VA, who would play a crucial role in 
the future of the relationship between the Speaker and the Rules 
Committee.

   The Speaker vs. the Committee: The Emergence of the ``Conservative 
                               Coalition''

  During the speakership of William B. Bankhead (D-AL), 1936-1940, the 
Rules Committee ceased to be an unquestioned agent and ally of majority 
party leadership, due to the advent of a ``conservative coalition'' of 
southern Democrats and Republicans on the panel. For the next three 
decades, Speakers would find the committee to be, at least on some 
issues, an independent and competing power base in need of cajoling and 
catering and, at worst, a legislative adversary.
  The rise of the conservative rules coalition was a gradual one. The 
Rules Committee played an instrumental part in expediting much of 
President Franklin D. Roosevelt's New Deal legislation during his first 
``hundred days,'' and through his initial term in office, by reporting 
closed rules on major legislation forwarded by the President. As the 
economic emergency of the Depression receded, however, a backlash 
against Presidential policies that were viewed by southern Democrats as 
increasingly liberal and unwise, set in during the 74th Congress. This 
growing suspicion of New Deal policies coincided with, and was furthered 
by the election of Representative John J. O'Connor (D-NY), a New Deal 
critic, as chair of the committee.\42\
---------------------------------------------------------------------------


\42\ Galloway, History of the United States House of Representatives, p. 
135.
---------------------------------------------------------------------------

  ``By 1937, the House Democratic Leadership could no longer count on 
Rules Committee Southern Democrats in granting of rules.'' \43\ As a 
result, Speaker Bankhead was increasingly unable to promise prompt 
consideration of administration legislative priorities.
---------------------------------------------------------------------------


\43\ A History of the Committee on Rules, p. 138.
---------------------------------------------------------------------------

  One visible split between the Speaker and the Rules Committee occurred 
during consideration of the President's wage and hour bill, a 
legislative proposal that would have set a national minimum wage, 
established standards for maximum hours of work, and implemented several 
child labor reforms. After the legislation was passed by the Senate in 
August 1937, it was subsequently reported from the House Labor 
Committee. That is where its progress abruptly stopped. ``With the five 
southern Democrats and four Republicans on the Rules Committee opposed 
to it, no rule was granted and no hearing was even held on the Wage and 
Hour bill.'' \44\ When a compromise wage and hour measure was also 
scotched by the Rules Committee, the House Democratic leadership had to 
resort to a discharge petition to bring the plan forward for 
consideration. In explaining the failure to grant a rule for wage and 
hour legislation, Rules Committee member Representative Edward E. Cox 
(D-GA) made an argument presaging the coming civil rights battles of the 
next two decades, stating, ``This bill is an attempt to . . . destroy 
the reserved powers of the states over the local concerns,'' \45\
---------------------------------------------------------------------------


\44\ Ibid., p. 138.

\45\ ``Rule Denied, 8 to 6,'' New York Times, April 30, 1938, p. 1.
---------------------------------------------------------------------------

  The ``gatekeeping committee'' had shut the gate on the Speaker 
himself. ``The 1937-1938 fight over the wage and hour legislation was 
extremely significant,'' one scholar has noted, ``it not only 
highlighted and aggravated the split in the Democratic Party, but it 
meant that on some issues the [Rules Committee] was a bipartisan 
coalition,'' rather than an arm of the Speaker and the majority 
party.\46\
---------------------------------------------------------------------------


\46\ A History of the Committee on Rules, p. 139.
---------------------------------------------------------------------------

  Other observers of Congress have argued that, far from being an 
example of a stubborn minority holding legislation hostage, the wage and 
hour fight was actually an instance of the Rules Committee fulfilling a 
legitimate role as a filter for legislation that was not ready for 
consideration by the entire Chamber. Following debate on the bill, the 
full House overwhelmingly voted to recommit the first wage and hour bill 
to committee. ``To say that the Rules Committee was defying the majority 
will of the House in not granting a rule,'' one author has reasoned, 
``must be qualified in light of the difficulties in getting a majority 
in favor of the principle of the bill'' in the House.\47\
---------------------------------------------------------------------------


\47\ Robinson, The House Rules Committee, p. 61.
---------------------------------------------------------------------------

  Regardless of the interpretation of the significance of the battle, 
the wage and hour fight heralded the beginning of a three-decade fight 
between Democratic Speakers of the House, most notably Speaker Sam 
Rayburn (D-TX), and the committee on issues such as labor protections, 
civil rights, and social policy.
  The advent of the conservative coalition did not mean that the Speaker 
lost all control of the Rules Committee. ``It is important to note that 
on many issues, the Rules Committee continued to act on behalf of the 
majority party, albeit at times reluctantly.'' \48\ The rise of the 
conservative bloc did, however, make the ability of the Speaker to 
schedule and manage legislative business on behalf of the majority 
significantly more difficult.
---------------------------------------------------------------------------


\48\ A History of the Committee on Rules, p. 139.
---------------------------------------------------------------------------

  Deeply concerned by this ``loss'' of the Rules Committee to the 
conservative coalition, the Roosevelt administration actively campaigned 
for the defeat of three renegade Rules Committee Democrats in the 1938 
elections--Representatives O'Connor, Smith of Virginia, and Cox of 
Georgia. ``The chief desire of the [Roosevelt Administration] `purge,' 
'' a New York Times writer observed at the time, ``is to eliminate the 
important Rules Committee members who have consistently opposed 
Administration measures. If these can be beaten . . . the group feels 
that the Administration will have unquestioned control of the direction 
of House affairs in the next session.'' \49\ When the smoke cleared on 
the morning after the election, however, only Representative O'Connor 
was defeated, a development that, when coupled with the loss of several 
New Deal allies on the panel, left the ``conservative bloc'' on Rules 
unchanged.
---------------------------------------------------------------------------


\49\ Charles A. Michael, ``New Deal `Purge' Said to Seek Control of 
House Rules Group,'' New York Times, June 30, 1938, p. 1.
---------------------------------------------------------------------------

  Even worse for the Speaker, the election returned fewer Democrats to 
the House as a whole, a development that sounded the death knell to the 
Speaker's ability to skirt the committee by using discharge petitions. 
Further complicating this strained relationship was the emboldened 
nature of the Rules Committee, which proceeded to hold public hearings 
on issues embarrassing to the Roosevelt administration, actively 
undermined the Speaker's use of the suspension procedure, negotiated 
concessions from committees on the content of bills, and granted rules 
for the consideration of legislation that favored conservative 
interests.

                      Enactment of the 21-Day Rule

  After World War II, the Speaker worked to undermine the power of the 
Rules Committee's conservative coalition over the legislative agenda. On 
January 3, 1949, Speaker Sam Rayburn, who took office following the 
death of Speaker Bankhead, shepherded through the House the adoption of 
the so-called ``21-day rule.'' ``Under this rule, the chairman of a 
legislative committee which had favorably reported a bill could call it 
up for House consideration if the Rules Committee reported adversely on 
it or failed to give it a `green light' to the House floor within 21 
days.'' \50\
---------------------------------------------------------------------------


\50\ Galloway, History of the United States House of Representatives, 
pp. 57-58.
---------------------------------------------------------------------------

  The Speaker, together with allies in the Truman administration, 
employed the procedure of binding Democrats through a vote of their 
party caucus to support the resolution that enacted the 21-day rule. 
Indeed, Speaker Rayburn expended considerable effort and personal 
prestige in pushing for the rule change, making a rare speech on the 
House floor urging Members' support. One scholar observed that Rayburn's 
remarks:

were especially directed toward his southern colleagues, many of whom 
were voting against the 21-Day rule because they feared it would 
increase the chances for the passage of civil rights legislation, which 
they opposed. Rayburn contended that civil rights legislation was not 
the issue. `The rules,' he said, `of a legislative body should be such 
at all times as to allow the majority of a legislative body to work its 
will.' \51\
---------------------------------------------------------------------------


\51\ Robinson, The House Rules Committee, p. 67.

  Rayburn's efforts were ultimately successful, and when the 21-day rule 
was initially passed, observers called it a major power surge for the 
Speaker and a defeat for the renegade Democrats on the Rules Committee. 
---------------------------------------------------------------------------
William S. White, of the New York Times, wrote after the vote:

  Mr. Rayburn, as he is well aware, has received a power and a 
responsibility not given in generations to a Speaker of the House. He 
will be in command. He will be responsible in almost the complete sense 
of that term, for what the House does, in so far as the Administration 
Democrats are not outweighed from time to time by the orthodox 
Republicans and whatever bloc of rebellious southern Democrats can be 
marshaled.\52\
---------------------------------------------------------------------------


\52\ William S. White, ``House Gives Speaker Large Grant of Power,'' New 
York Times, Jan. 9, 1949, p. 1
---------------------------------------------------------------------------

  For critics of the 21-day rule, White subsequently observed, ``this 
meant . . . a return to `czarism,' for in cutting down the Rules 
Committee the Members . . . had simply left it all up to one man's yea 
or nay rather than to twelve.'' \53\
---------------------------------------------------------------------------


\53\ William S. White, ``Sam Rayburn, the Untalkative Speaker,'' New 
York Times, Feb. 27, 1949, p. SM10.
---------------------------------------------------------------------------

  During the 81st Congress, the 21-day rule was successful in helping 
Speaker Rayburn bring anti-poll tax legislation to the floor, as well as 
forcing a vote on controversial housing and minimum wage bills. The Rule 
was also instrumental in obtaining consideration of legislation 
establishing the National Science Foundation, as well as bills granting 
Alaska and Hawaii statehood. The rules helped the Speaker get around an 
obstructive Rules Committee. As one Member of Congress later noted, 
``Altogether, during the 81st Congress, eight measures were brought to 
the floor and passed by resort to the 21-Day rule, and its existence 
forced the Rules Committee to act in other cases.'' \54\
---------------------------------------------------------------------------


\54\ Representative Chet Holified, remarks in the House, Congressional 
Record, vol. 106, Sept. 1, 1960, p. 19393.
---------------------------------------------------------------------------

  The 21-day rule was eventually repealed after a bitter political fight 
in 1951 between Speaker Rayburn and the conservative coalition of 
southern Democrats and Republicans. ``As a result, the power of the 
Rules Committee to blockade bills'' sought by the Speaker and the 
majority party was restored.\55\ This turnaround was made possible 
largely by solid increases in Republican strength in the House following 
the 1950 elections, coupled with mounting concern by many southern 
Democrats about the possible use of the 21-day rule to force 
consideration of civil rights legislation.
---------------------------------------------------------------------------


\55\ Galloway, History of the United States House of Representatives, 
pp. 57-58.
---------------------------------------------------------------------------

  From 1955 to 1960, the new chairman of the Rules Committee--``Judge'' 
Howard W. Smith of Virginia--the same Member who had been placed on the 
committee over the objections of Speaker Rainey nearly three decades 
earlier, and who had been unsuccessfully targeted for electoral defeat 
in the FDR ``purge,''--was the ``acknowledged leader of the 
[conservative] coalition.'' \56\ The coalition's ability to 
independently block legislation would continue largely unchallenged 
until 1961, when 79-year-old Speaker Sam Rayburn would mount an assault 
on the power of the Rules Committee in one of the final political 
battles of his four-decade career in the House.
---------------------------------------------------------------------------


\56\ CRS, A Short History of the Development of the Committee on Rules, 
p. 11.

          Speaker Rayburn and the Purge of the Rules Committee

  Toward the end of the fifties, Speaker Rayburn's continued frustration 
with the Rules Committee spilled over into public view. ``Judge'' 
Smith's ability to block legislation supported by the Speaker was 
legendary:

  Often, when he did not want to bring a bill out of his [Rules] 
committee, the Judge would leave town and go to his 70-acre farm in 
Fauquier County, Virginia, to avoid calling a meeting. Early in 1957, he 
resorted to this tactic to delay consideration of President Eisenhower's 
civil rights proposal, insisting that he had to return home to inspect a 
barn that had burned down. ``I knew Howard Smith would do almost 
anything to block a civil rights bill,'' said Speaker Sam Rayburn upon 
hearing this excuse, ``but I never knew he would resort to arson.'' \57\
---------------------------------------------------------------------------


\57\ Charles and Barbara Whalen, The Longest Debate: A Legislative 
History of the 1964 Civil Rights Act (New York: Mentor Press, 1985), p. 
92.
---------------------------------------------------------------------------

  Speaker Rayburn arguably did all that he could to avoid the head-on 
battle with the committee's conservative coalition that eventually 
erupted in 1961, preferring instead to negotiate and cajole Smith to 
forward his majority party agenda. In 1959, for example, when members of 
the liberal Democratic Study Group [DSG] demanded reform of the Rules 
Committee by enlarging its size to defeat the coalition of four 
Republicans and two southern Democrats that dominated the 12-person 
panel, Speaker Rayburn refused to back the plan, seeking instead to 
``assure the House liberals of steps under existing rules'' that could 
be used to outmaneuver the obstructive committee, including, ``the use 
of . . . seldom-invoked Calendar-Wednesday.'' \58\ In response to 
Rayburn's rebuff, the liberal Members issued the following statement:
---------------------------------------------------------------------------


\58\ John D. Morris, ``Rayburn Rebuffs Move By Liberals,'' New York 
Times, Jan. 3, 1959, p. 1.

  We have received assurances from Speaker Rayburn that legislation 
which has been duly considered and reported by the legislative 
committees will be brought before the House for consideration within a 
reasonable period of time. Our confidence in the Speaker is great, and 
we believe he will support such procedural steps as may be necessary to 
obtain House consideration of reported bills.\59\
---------------------------------------------------------------------------


\59\ Galloway, History of the United States House of Representatives, p. 
143.

  This ``go along to get along'' approach was in keeping with Speaker 
Rayburn's leadership style. ``[Rayburn's] effectiveness has rarely if 
ever rested on the use of raw power, coercion or threats,'' one reporter 
wrote at the time. ``Rather, it has stemmed from his great personal 
prestige, close friendships with other House Democrats in positions of 
power, and the esteem, and respect held for him by nearly all 
colleagues.'' \60\
---------------------------------------------------------------------------


\60\ John D. Morris, ``Stakes High in Rules Struggle for Rayburn, 79, 
and Smith, 77,'' New York Times, Jan. 30, 1961, p. 12.
---------------------------------------------------------------------------

  As 1961 dawned, however, Rayburn's position on the Rules Committee 
gradually changed as ``it became evident that enactment of President 
Kennedy's legislative program would hang upon overcoming the 
conservative coalition control of the Rules Committee.'' \61\
---------------------------------------------------------------------------


\61\ Galloway, History of the United States House of Representatives, p. 
143.
---------------------------------------------------------------------------

  In many ways, the 1961 battle between the Rules Committee and the 
Speaker was the direct opposite of the 1910 overthrow of Speaker Cannon. 
In 1910, Members had risen up because a Speaker, who, through his tight 
control of the power of the Rules Committee, had prevented legislation 
he opposed from being considered by rank and file Members of the House. 
In 1961, however, it was the Rules Committee that was blocking 
consideration of legislation, thwarting the will of a powerful Speaker, 
the majority leadership, and an increasing number of rank and file 
Members who wished to act on the ``progressive'' bills supported by 
their constituents.
  An editorial cartoon by the satirist Herblock during this period 
summed up many liberal Members' feelings on the Rules Committee: it 
pictured a baseball player in catcher's face mask and pads standing in 
front of, rather than behind, home plate, catching a fastball pitch 
before the batter could have a chance to swing at it. The batter 
represented Members of Congress and the catcher wore a jersey labeled 
``Rules Committee.''
  ``Speaker Rayburn kept his own counsel until the eve of the session,'' 
George B. Galloway has written, ``when he came out on the side of the 
reformers with a plan to enlarge the membership of the Rules Committee 
from 12 to 15'' members.\62\ In doing so, the Speaker resisted--after 
initially embracing--the suggestion of members of the Democratic Study 
Group to balance the committee by purging it of one of its renegade 
southern Democrats, Representative William M. Colmer (D-MS). The Rayburn 
plan would instead increase the size of the committee by three, 
enlarging the number of Democratic Rules members from eight to ten, and 
Republicans from four to five, breaking the conservative coalition's 
traditional six-six deadlock on the panel.
---------------------------------------------------------------------------


\62\ Ibid., p. 143.
---------------------------------------------------------------------------

  In the weeks leading up to the opening of the 87th Congress, the 
Kennedy administration, lobbyists from labor unions and progressive 
groups, and the Speaker and his loyalists, including Rayburn's close 
ally on the committee (and later Rules Committee chair) Representative 
Richard Bolling (D-MO), lined up votes for the plan to enlarge Rules. 
The scramble for votes between the Rayburn camp and the allies of the 
conservative coalition was intense, for the vote was to be an extremely 
close one. One historian later illustrated this situation by relating 
the see-sawing battle waged by the Rayburn and Smith forces to secure 
the vote of one southern Member, Representative Frank W. Boykin (D-AL):

  Boykin was a friend of Rayburn and a conservative; he was pulled 
emotionally to vote both ways. He committed himself to Rayburn; then 
under pressure from Smith's camp, he changed his mind and committed 
himself to Smith. Rayburn's lieutenants applied new pressure to Boykin 
and again he switched. Smith's lieutenants fought back hard for Boykin's 
vote, and once more he switched. Again Rayburn's people won Boykin back, 
only to lose him again . . . At this point, Boykin had been on both 
sides three separate times . . . [but] the fight for Boykin's vote . . . 
illustrated the desperation of the struggle. It was so close that every 
single vote was of crucial importance.\63\
---------------------------------------------------------------------------


\63\ Neil MacNeil, Forge of Democracy: The House of Representatives, 
(New York: David McKay, Co., 1963), p. 432.

  In seeking support for his plan, the Speaker utilized all of the 
powers of his office. Initially, Rayburn intended to employ caucus rules 
to bind Democrats to support for the enlargement plan, repeating the 
tactic he used successfully in his earlier campaign to enact the 21-day 
rule. Rayburn abandoned the strategy, however, after many southern 
Democrats bristled at the arm twisting and threatened to bolt.\64\ 
Speaker Rayburn also reportedly utilized the Kennedy administration's 
control of local public works projects to help convince Members to vote 
with him. Secretary of the Interior Stewart Udall personally made a 
number of calls to Members during the days immediately preceding the 
vote to discuss ``water projects of vital interest to members in many 
sections of the country, particularly in the West and South.'' \65\
---------------------------------------------------------------------------


\64\ John D. Morris, ``Rayburn Shifts in Rules Battle,'' New York Times, 
Jan. 18, 1961, p. 17.

\65\ John D. Morris, ``Rayburn Rejects All Compromise on Rules Battle,'' 
New York Times, Jan. 29, 1961, p. 1.
---------------------------------------------------------------------------

  The resolution to enlarge the panel was reported by the Rules 
Committee by a vote of six to two on January 14, 1961, after ``Judge'' 
Smith promised Rayburn he would do so. Smith and Representative William 
M. Colmer (D-MS) were the only Democrats to oppose the resolution; no 
Republicans attended the committee markup. Following a spirited debate 
on the resolution on January 31, 1961, which included a passionate floor 
speech from Speaker Rayburn, the House adopted the enlargement plan by a 
vote of 217 to 212.\66\
---------------------------------------------------------------------------


\66\ Congressional Record, vol. 107, Jan. 31, 1961, pp. 1589-1590.
---------------------------------------------------------------------------

  Speaker Rayburn's victory was a significant step in restoring control 
of the Rules Committee as an arm of the Speaker and his majority 
leadership. This win alone, however, did not defeat the conservative 
coalition. Just 2 years later, under House Speaker John W. McCormack (D-
MA), majority party Members had to turn back a spirited attempt by the 
coalition and its allies to return the panel to its pre-1961 size of 12 
members. Despite some slight improvement in the enlarged Rules 
Committee's record of cooperation with the leadership, it continued to 
obstruct floor consideration of certain education, labor and civil 
rights bills for the duration of the Kennedy administration.

                Truce: The Return of the Speaker's Power

  By the late sixties, the Speaker's relationship with the House Rules 
Committee had improved somewhat, as ``Judge'' Smith was defeated for 
reelection in 1966 and the committee chair was assumed by Representative 
William M. Colmer (D-MS). ``Although of similar ideological bent to 
Smith, Colmer viewed the role of the [Rules] Committee in a different 
way, in part reflecting his own threatened ouster from the committee and 
the adoption of committee rules in 1967 permitting a committee majority 
to circumvent a recalcitrant chairman.'' \67\
---------------------------------------------------------------------------


\67\ U.S. House of Representatives, Committee on Rules, Official Web 
site, www.house.gov/rules, accessed on Aug. 12, 2003.
---------------------------------------------------------------------------

  Passage of the Legislative Reform Act of 1970 \68\ coupled with 
numerous institutional reforms made in the House Democratic Caucus in 
the post-Watergate era, returned to the Speaker the authority to 
nominate majority members of the Rules Committee. These reforms made the 
Rules Committee a reliable arm of the House leadership for the first 
time since the 1910 revolt against Speaker Cannon, and gave the Speaker 
true de facto control of the panel.
---------------------------------------------------------------------------


\68\ Public Law 91-510.
---------------------------------------------------------------------------

  The willingness to return considerable power to the Speaker was 
undertaken in response to a larger decentralization of the House that 
led many Members to turn to the Speaker to provide order in the 
coordination of business: to make a busy and complicated legislative 
body work. Rank and file Members were particularly willing to return 
power to the Speaker after observing periods during the tenures of 
Speaker McCormack and Speaker Carl Albert (D-OK) when there was 
``paralysis in moving Democratic legislation even though there were 
heavy Democratic majorities'' in the body.\69\
---------------------------------------------------------------------------


\69\ Mary Russell, ``Speaker Scooping Up Power in the House,'' 
Washington Post, Aug. 7, 1977, p. A1.
---------------------------------------------------------------------------

  ``In the House, the decentralizing reforms of the 1960s and 1970s 
were,'' according to congressional scholar Roger Davidson, 
``paradoxically, accompanied with innovations that enlarged the power of 
the Speaker.'' \70\ Davidson goes on to observe, ``The fruits of these 
innovations were not immediately realized. Speaker John McCormack 
resisted most of the changes . . . his successor, Carl Albert . . . was 
a transitional figure who hesitated to use the tools granted to him by 
the rules changes.'' \71\
---------------------------------------------------------------------------


\70\ Roger H. Davidson, ``The New Centralization on Capitol Hill,'' 
Review of Politics, vol. 50, 1988, p. 357.

\71\ Ibid.
---------------------------------------------------------------------------

  The main beneficiary of these grants of additional power was House 
Speaker Thomas P. O'Neill (D-MA), himself a longtime member of the House 
Rules Committee. O'Neill was given more control over the Rules Committee 
and the orchestration of the details of legislative business. As 
Speaker, O'Neill ``used control on important issues to restrict the 
freedom of House Members in offering amendments--in making changes in 
important pieces of legislation that he wanted kept intact.'' \72\
---------------------------------------------------------------------------


\72\ Russell, ``Speaker Scooping Up Power in the House,'' p. A5.
---------------------------------------------------------------------------

  Speaker O'Neill utilized the power of the Rules Committee not only as 
a tool of his majority power, but also as a buffer to Member demands, 
and as a hedge against minority party attacks. During the Carter 
administration, for example, O'Neill was often less concerned with 
losing votes on the House floor--an unlikely event given the large 
Democratic majority in the body--than with minority Members forcing 
Democrats ``on the record'' with politically difficult votes.
  Speaker O'Neill responded to this challenge by increasingly using his 
control of the Rules Committee to manage floor votes during the eighties 
with ``complex'' and ``restrictive'' rules on major pieces of 
legislation that barred votes on minority amendments. Whereas 
restrictive rules constituted only 15 percent of all rules in the 
midseventies, by the end of the eighties they made up 55 percent, 
according to a Rules Committee minority staff study.\73\
---------------------------------------------------------------------------


\73\ U.S. House of Representatives, Committee on Rules, Official Web 
site, www.house.gov/rules, accessed on Aug. 12, 2003.
---------------------------------------------------------------------------

  An additional challenge emerged for the Speaker when Republicans and 
``Boll Weevil'' Democrats formed a de facto majority coalition on some 
issues following the election of President Ronald Reagan in 1980. The 
shifting electoral terrain meant that a Democratic Speaker, for the 
first time in many years, had to worry about losing important votes on 
the House floor. In response, Speaker O'Neill had the Rules Committee 
manage legislative business in increasingly creative ways, including the 
more frequent use of closed rules. An important innovation was the so-
called ``King of the Hill'' rule, where the last measure voted upon in a 
series of alternatives would prevail, enabling Members to take ``free'' 
votes on controversial issues that provided political cover. The 
leadership would naturally place its preferred version last in the 
sequence.
  These efforts met with mixed success. During this period, the Rules 
Committee ``crafted rules to enhance the Speaker's power, although they 
have been only sporadically successful during the Reagan Presidency when 
conservative Democrats have bolted to the White House side.'' For 
example, the committee ``fashioned an extraordinary rule allowing 
separate votes on seven different budget proposals, with successful 
amendments being applied to all seven. Eventually, all seven budgets 
were defeated on the floor.'' \74\
---------------------------------------------------------------------------


\74\ William Chapman, ``Bolling, Near Retirement, Muses About a Battle 
That Never Was,'' Washington Post, Aug. 24, 1982, p. A7.
---------------------------------------------------------------------------

  As if these challenges were not enough, changing demands on Members of 
Congress offered Speaker O'Neill still more challenges in the management 
of the Rules Committee. For example, in 1983, the Speaker reluctantly 
reduced the membership of the committee from 16 members to 13 members 
because he was ``unable to persuade any senior Members to take vacant 
seats on Rules.'' \75\ While Members recognized the continued power of 
the panel, the growing need for rank and file Members to generate media 
attention, raise campaign funds, and become legislative entrepreneurs 
had simply made the ``inside baseball'' Rules Committee ``powerful but 
unfashionable.'' \76\
---------------------------------------------------------------------------


\75\ Alan Ehrenhalt, ``The Unfashionable House Rules Committee,'' 
Congressional Quarterly Weekly Report, Jan. 15, 1983, p. 151.

\76\ Ibid.
---------------------------------------------------------------------------

  During this season of closed and structured rules, it is important to 
note that not all of the rules granted by the committee were exercises 
in partisanship; many structured rules were adopted by large bipartisan 
margins in the House. Increasingly, however, the minority party viewed 
the more frequent use of this type of resolution with concern and 
resentment.
  ``As the House became more politicized and polarized during the 
1980s,'' a congressional scholar has written, ``the Rules Committee 
played a critical role in assisting the Democratic Leadership in 
structuring House floor debates on bills to ensure greater efficiency 
and predictability in outcomes.'' Predictably, the more restrictive the 
amendment process became, the ``more the Rules Committee was blamed by 
Republicans for violating the rights of minority party members to fully 
participate in the legislative process and represent their 
constituents.'' \77\
---------------------------------------------------------------------------


\77\ Donald R. Wolfensberger, ``The House Rules Committee Under 
Republican Majorities: Continuity and Change,'' Paper prepared for 
delivery at the 34th Annual Meeting of the Northeastern Political 
Science Association, Oct. 25, 2002.
---------------------------------------------------------------------------

  Speaker James C. Wright, Jr. of Texas further centralized and focused 
the use of the Speaker's Rules Committee power, continuing and building 
on this trend of issuing closed rules. In 1987, the Washington Post 
reported, ``The Democrat's use of `restrictive rules' which . . . 
limited debate and amendments on 43 percent of the bills sent to the 
floor,'' was ``a continuation of a practice begun under O'Neill. During 
O'Neill's last two years as Speaker, the leadership obtained restrictive 
rules on 36 percent of the bills sent to the floor.'' \78\
---------------------------------------------------------------------------


\78\ Eric Pianin, ``House GOP's Frustrations Intensify,'' Washington 
Post, Dec. 21, 1987, p. A1.
---------------------------------------------------------------------------

  Roger Davidson stressed at the time that Wright ``exploited his 
extraordinary scheduling power . . . using [his] tight control over 
scheduling, including aggressive use of the Rules Committee to shape 
alternatives during floor deliberations.'' \79\ While critics expressed 
concern about these tactics, supporters pointed to their success. ``When 
he took office, Wright unveiled an ambitious list of legislative goals . 
. . Two years later, nearly all the bills had passed the House and many 
had been signed into law.'' \80\
---------------------------------------------------------------------------


\79\ Roger H. Davidson, ``The New Centralization on Capitol Hill,'' p. 
357.

\80\ Ibid.
---------------------------------------------------------------------------

  By the end of the 103d Congress, during the speakership of Thomas S. 
Foley of Washington, the final tally of open versus restrictive rules 
revealed ``the largest number of restrictive rules of any Congress (73), 
comprising the highest percentage of total rules ever reported in a 
Congress (70 percent).''

                 Rule Reform and the Republican Majority

  At no period in the history of the House of Representatives has the 
Rules Committee been more central to the power of, and legislative 
agenda pursued by, a Speaker than in the days immediately following the 
change in control of the House to Republicans in 1994. ``To best 
understand the extent of continuity and change on the Rules Committee 
under House Republicans,'' Roger Davidson emphasizes, ``it is important 
to first understand how the Republican minority viewed the House under 
Democratic control and how it envisioned the institution should be run, 
both in terms of changes in the standing rules of the House and the way 
in which special rules were framed for considering legislation.'' \81\
---------------------------------------------------------------------------


\81\ Ibid., p. 358.
---------------------------------------------------------------------------

  In orchestrating the Republican Party's rise to power in the House, 
Speaker Newt Gingrich (R-GA) had long focused public attention on the 
behavior of the Democratic majority through the Rules Committee. ``One 
of the central themes of the Conservative Opportunity Society (COS), 
which Gingrich and others formed in 1982,'' Donald R. Wolfensberger, 
chief of staff of the House Rules Committee during the 104th Congress, 
stresses, ``was its portrayal of a corrupt House in which the majority's 
arrogance was regularly reflected in procedural abuses of deliberative 
process, not to mention of a beleaguered minority.'' \82\
---------------------------------------------------------------------------


\82\ Donald R. Wolfensberger, ``The Institutional Legacy of Speaker Newt 
Gingrich: The Politics of House Reform and Realities of Governing,'' 
Extensions, A Journal of the Carl Albert Congressional Research and 
Studies Center, Fall 2000.
---------------------------------------------------------------------------

  Just as perceived abuses of power by the Rules Committee had angered 
rank and file Members and engendered calls for reform since the days of 
Speaker Reed, as Republicans pushed to become the majority party in the 
House, their public arguments about why they should be in power focused 
increasingly on the actions of the Rules Committee.
  At a press conference in the months before the 1994 election, 
Representative Gingrich and members of the House Republican Conference 
began an effort that was intended to call public attention to what they 
claimed were abuses by the Rules Committee and the Democratic leadership 
of the regular democratic process. ``Among the props was a poster used 
on the House floor of a gagged Statue of Liberty over a running 
scorecard of open versus restrictive rules (e.g., ``Democracy-0; 
Tyranny-6).'' \83\
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\83\ Ibid.
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  Given this approach of centering their public appeal on reform of the 
institution itself, it is not surprising that many of the Republicans' 
legislative efforts once they assumed the majority in 1995 were centered 
around reforming the House through the use of the Rules Committee.
  After his election as Speaker, Gingrich ``instigated many . . . 
changes in House rules and practices, which all had the common theme of 
undermining the independent power of committees and their chairs and 
enhancing the power of the majority leadership.'' At Speaker Gingrich's 
behest, ``Three full committees were eliminated, and 106 (12 percent) of 
the previous Congress's subcommittee slots were eliminated . . . 
Gingrich personally designed a new committee assignment system for the 
GOP in which the party leader was given a dominant formal role.'' \84\
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\84\ David W. Rohde, ``The Gingrich Speakership in Context: Majority 
Leadership in the House in the Late Twentieth Century,'' Extensions, A 
Journal of the Carl Albert Congressional Research and Studies Center, 
Fall 2000.
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  As with Speaker Reed before him, Speaker Gingrich's reforms were 
largely accomplished through amendments to the standing rules of the 
House. Speaker Gingrich took an active hand in crafting the rules 
package adopted at the beginning of the 104th Congress. As one scholar 
has noted, this rules reform package was ``considered under a special 
rule [Rules Committee chair Gerald B.H.] Solomon (R-NY) had devised on 
Gingrich's instructions'' \85\
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\85\ Ibid.
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  Like many powerful Speakers before him, Speaker Gingrich also proved 
willing to use his control of the Rules Committee for purposes other 
than the scheduling and shaping of legislative business, for example, to 
help enforce party discipline. In one instance in 1996, in a move 
reminiscent of actions taken by strong Speakers such as Cannon and 
Rayburn, Speaker Gingrich reportedly employed the power of the panel to 
punish two Republican Members who had endorsed the primary challenger to 
a sitting GOP colleague. Congressional Quarterly reported that, as 
punishment for this action, Speaker Gingrich had ``instructed [the House 
Rules Committee] to reject any floor amendment the two Members might 
seek to offer to legislation for the rest of the session.'' \86\
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\86\ Karen Foerstel, ``Punished But Unrepentant,'' Congressional 
Quarterly Weekly Report, July 29, 1996.
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  The Republican majority came to power promising open rules as the 
norm, but, as they had under previous Speakers of both parties, the 
demands of governing in a legislative body with narrow party ratios and 
a full agenda of business soon contributed to the issuance of fewer 
purely open rules on major pieces of legislation. Scholars argue that 
this lesson was learned relatively early after Republicans assumed the 
majority in 1995. As one observer recounted, ``The first major Contract 
[with America] bill out of the box after opening day was the Unfunded 
Mandate Reform Act which the Rules Committee put on the floor under an 
open rule. Two weeks and dozens of amendments later the bill was finally 
completed and its manager, Government Reform and Oversight Chairman Bill 
Clinger (R-PA) . . . was totally exhausted and disillusioned with open 
rules. From that point on, the Rules Committee took a more cautious 
approach, reporting ``modified open'' rules on bills that set an overall 
time limit on the amendment process.'' \87\
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\87\ Rohde, ``The Gingrich Speakership in Context: Majority Leadership 
in the House in the Late Twentieth Century.''
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  As Representative David Dreier (R-CA) ``learned quickly'' after 
becoming Rules Committee chair in the 106th Congress, the responsibility 
of running the House of Representatives that a majority party holds 
sometimes requires some of the same procedures he had expressed concern 
about a decade ago. ``I had not known what it took to govern,'' he 
acknowledged. Now, ``our number one priority is to move our agenda . . . 
with one of the narrowest majorities in history.'' \88\
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\88\ Jim VandeHei, ``Using the Rules Committee to Block Democrats,'' 
Washington Post, June 16, 2003, p. A21.

                               Conclusion

  From the 1st Congress to the 108th Congress, the Committee on Rules 
and the Speaker of the House have been linked. Under czars and 
caretakers, reformers and managers, the Rules Committee has played an 
integral role in the Speaker's ability to regulate the business of the 
House.
  This link between the panel and the Speaker has been marked by ebbs 
and flows in the tides of power, including battles for independence, a 
reinforcing of mutual authority, and periods of close cooperation. 
Speakers have controlled the committee with an iron hand, been forced to 
cajole and negotiate with it, and been bent to its will. Through those 
ebbs and flows has been a constant search for balance, with some Members 
believing, as Speaker Reed did, that the rules exist ``to promote the 
orderly conduct of the business of the House,'' and others charging that 
the rules give the Speaker ``greater power'' than any man ought to 
possess in relation to the full House. That struggle for balance and 
role continues today.
  The Rules Committee has helped Speakers impose order on the chaos of a 
young and growing legislative body. It has helped them enshrine the 
status quo, and, at other times, been their primary vehicle for reform 
and institutional change. Speakers have used the committee to centralize 
their power, and the House has, in turn, positioned the panel as a 
competing base of authority to their presiding officer. The committee's 
power to write and rewrite the rules has enabled Speakers to manage the 
business of the House in times of razor-thin party margins, and 
increased partisanship, media scrutiny and electoral pressure.
  While the days may have passed when an individual can dictate the 
actions of the House singlehandedly, the Rules Committee continues to be 
the most powerful arm of the Speaker and, in a large part, a centrally 
important governing entity of the House. In it, Congress has largely 
consolidated its constitutional power to decide the ground rules of its 
own proceedings. The panel enables the Speaker to direct the legislative 
business of the Chamber and press forward the agenda of the majority 
party. It imbues him with the power to reward and punish individual 
Members and can act as a shield from Member demands. Most importantly, 
it serves as a forum in which the ever-changing and often competing 
interests of the House leadership, the legislative committees, and 
individual Members of Congress can be raised, negotiated, vetted and 
ultimately resolved.
  If Congress in committee is Congress at work, as Woodrow Wilson 
famously observed, the Rules Committee is where that work is resolved 
and finalized. It is the last step in the House's legislative assembly 
line and the ``engine room,'' where the procedural, political and policy 
mechanics that make the Chamber ``work'' are crafted by the Speaker and 
his majority party allies.
  For all of these reasons, the panel remains, as much as ever, the 
``Speaker's committee.'' The history of the Rules Committee is, in 
essence, a history of the power of the Office of the Speaker and the 
evolution of the modern House of Representatives.