(Page 29 of 32) - Questions of Privilege in the House: Minority Party Tools for Unity, Accountability, and Reform authored by Wolfensberger, Don.

i. Congressional Record, text of and debate on H. Res. 474, 108th Congress, December 8, 2003, H-
12846-12853.

ii. Ibid, Roll Call No. 677, Motion to table H. Res. 474, December 8, 2003, H-12853.

iii. The House would later rescind those ethics rules changes adopted on January 4, 2005 (H. Res. 5) in
favor of those ethics rules in place in the 108th Congress (H. Res. 240, adopted 420 to 6, April 27,
2005). More will be written about this turn-around in a later section of this paper.

iv. The methodology for this study was to rely primarily on the Journal of the House of
Representatives for each of the Congresses covered (93rd-107th) The most complete listing of
questions of privilege in a Congress are to be found in the House Journal which is published by session
of Congress, usually in two volumes per session today (four per Congress) An attempt to pinpoint
question of privilege resolutions in each Congress using the Congressional Record or House Calendar
indexes proves to be highly insufficient and incomplete. The best source is the index to the House
Journal for each Congress which lists question of privilege resolutions under a separate index known as

AQuestions of Order.@ That index lists all points of order in the House together with all questions of
privilege. This is probably the most accurate listing of question of privilege resolutions since the section
is overseen by the House Parliamentarian

=s Office. House Journals can be found online today, though

dating only from the 103rd Congress (1993-94) through the 105th Congress (1998-99). As backup, a
resolution by resolution examination of summaries in the Final Calendar of the House of
Representatives for each Congress was utilized. The more prominent questions of privilege for the
period studies can be found mentioned in the footnotes to Rule IX in the House Rules and Manual,
108th Congress; Lewis Deschler and William Holmes Brown

=s Procedure in the U.S. House of

Representatives: A Summary of the Modern Precedents and Practices of the House, 86th Congress-
97th Congress (4th edition, 1982), and the 1987 supplement to it; and William Holmes Brown and
Charles W. Johnson, House Practice: A Guide to the Rules, Precedents and Procedures of the House
(108th Congress, 1st Session (2003).

v. First Report of the Joint Committee on Parliamentary Privilege (HC 214, 1998/1999), 9 April, 1999,
accessed on March 28, 2005, website of the United Kingdom Parliament,
<

http://www.publications.parliaemtnt.uk/pa/jt199899/jtselect/jtpriv/43/4303.htm

vi. Hinds

= Precedents of the House of Representatives, volume 3, section 2521, 1035.

vii. Cannon

=s Precedents of the House of Representatives, volume 6, section 48, p. 40.

viii. House Rules and Manual, One Hundred and Eighth Congress, sec. 701, AQuestions relating to
organization, and sec. 702, Questions relating to constitutional prerogatives.

ix. House of Commons Manual of Procedure in the Public Business (1980), Chapter XI, sec. 258,

ARelations Between the Two Houses,@ 186-87.

x. William Holmes Brown and Charles W. Johnson, House Practice, 108th Congress, 1st Session,
chapter 42, sec. 3.

xi. Questions of the privileges of the House should not be confused with questions of personal privilege
under the same rule IX which are the means by which an individual Member can defend himself against
attacks on his personal or legislative conduct or reputation. Questions of personal privilege are usually
not accompanied by a resolution, do not require a House vote, and are not subjected to motions to table