Legislative Use
In American legislative bodies, there is a strong tradition of affirming the right to reconsider with almost no restrictions. Mason's Legislative Manual notes:
| “ | With certain exceptions, every legislative body has the inherent right to reconsider a vote on any action previously taken by it. When not otherwise provided by law, all public bodies have a right during the session to reconsider action taken by them as they think proper, and it is the final result only that it is to be regarded as the thing done. Unless some right of a third person intervenes, all deliberative bodies have the right to reconsider their proceedings during a session as often as they think proper...Under general parliamentary law, most motions, whether carried or lost, can be reconsidered. | ” |
However, reconsideration is typically not allowed if another motion (e.g. to take from the table) would accomplish the result more directly (e.g. than reconsidering the motion to lay on the table). It is also not possible to reconsider if, for instance, vested rights have been acquired as a result of the action, or the subject is otherwise beyond the control or out of reach of the body taking the original action. Mason's Manual states further:
| “ | The courts do not support the statement that, as a rule of parliamentary law, the motion to reconsider may be made only on the day the vote was taken or on the day following. If it is desired to restrict the time within which the motion may be made, it should be done by rule. In practice, the right is closely restricted in time because the motion cannot be made after the subject of the vote is out of the possession of the body. | ” |
California Senate Rule No. 43 and New York Senate Rule No. 30 provide that any member can make the motion to reconsider, not just someone who voted on the prevailing side.
Mason's Manual permits a member to give notice of the motion to reconsider.
In the U.S. House of Representatives, following a vote, the Speaker typically announces that, "without objection, a motion to reconsider is laid on the table." Although no motion to reconsider (or to table) have actually been made, the making of this statement (unless there is objection) precludes the making of a future motion for reconsideration and makes the vote final.
Read more about this topic: Reconsideration Of A Motion
Famous quotes containing the word legislative:
“The legislative powers of government reach actions only, and not opinions, ... thus building a wall of separation between Church and State.”
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