Dilatory motions and tactics
Encyclopedia
Dilatory tactics or motions
, in parliamentary procedure
, are those used to delay or obstruct business, annoy the deliberative assembly
, or, in legislative
procedure, to delay consideration of a subject for other reasons. Some types of motions are suitable only for specific circumstances, and their use is otherwise absurd and dilatory. For instance, a motion to refer
(commit) a resolution to a committee is dilatory if its object would be defeated by the delay in taking action. At a special meeting
called to consider a matter, a motion to lay that matter on the table is also dilatory.
Reasonableness
is often used as a criterion in deciding whether a motion is dilatory. A motion to appeal the ruling of the chair
is dilatory if there cannot possibly be two reasonable opinions about the ruling. Likewise, under the common parliamentary law, a motion for a division of the assembly is dilatory if the results of the voice vote
are already clear to any reasonable person. However, in the United States Congress
, the constitutional right of a member to demand the yeas and nays cannot be denied even if the purpose is dilatory. The repetitive use of privileged motion
s can also be dilatory. Robert's Rules of Order
, 10th edition notes:
In legislative bodies, dilatory motions can take the form of demanding quorum call
s and votes at every opportunity. Another favorite dilatory tactic is for members to not answer when their name is called during the quorum roll call. The problem of dilatory tactics in such bodies dates back to the beginnings of parliamentary procedure in England and the United States. Jefferson's Manual
, for instance, only requires the Speaker to direct a bill to be read upon the desire of any member "if the request is really for information and not for delay." In the U.S. Senate, there are no formal rules against dilatory tactics except under cloture
. Between 1831 and 1900, dilatory votes to adjourn composed more than 10 percent of all Senate votes, and successfully delayed recognition of Louisiana's Reconstruction government until 1865. Binder notes that in the 46th United States Congress
, motions to adjourn consumed 23 percent of all floor votes. Speaker Thomas Brackett Reed
famously took countermeasures against dilatory tactics, such as ruling dilatory motions out of order, and was sustained by the house. Some legislatures impose quotas on dilatory motions; for instance, the Nova Scotia House of Assembly
imposes a maximum of one motion to hoist
, one motion to refer to a committee, and one reasoned amendment per reading. The Rules of the U.S. Congress as revised in 1911 declare that no dilatory motion shall be entertained by the Speaker.
Robert's Rules of Order notes that a presiding officer has a duty to protect the assembly from the abuse of parliamentary processes for dilatory purposes. If he becomes convinced that a member is using parliamentary processes for dilatory purposes, he can rule the motions out of order or refuse to recognize the member. But "[i]f the chair only suspects that a motion is not made in good faith, he should give the maker of the motion the benefit of the doubt."
Mason's Manual of Legislative Procedure
states:
Dilatory motions and tactics can also occur in judicial contexts, when one side uses them to slow down the trial.
; postpone definitely; adjourn; and so on. Jeremy Bentham
held that such types of dilatory motions are useful, noting, "Precipitation may arise from two causes: from ignorance, when a judgment is formed without the collection of all the information required—from passion, when there is not the necessary calm for considering the question in all its aspects."
Motion (parliamentary procedure)
In parliamentary procedure, a motion is a formal proposal by a member of a deliberative assembly that the assembly take certain action. In a parliament, this is also called a parliamentary motion and includes legislative motions, budgetary motions, supplementary budgetary motions, and petitionary...
, in parliamentary procedure
Parliamentary procedure
Parliamentary procedure is the body of rules, ethics, and customs governing meetings and other operations of clubs, organizations, legislative bodies, and other deliberative assemblies...
, are those used to delay or obstruct business, annoy the deliberative assembly
Deliberative assembly
A deliberative assembly is an organization comprising members who use parliamentary procedure to make decisions. In a speech to the electorate at Bristol in 1774, Edmund Burke described the English Parliament as a "deliberative assembly," and the expression became the basic term for a body of...
, or, in legislative
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
procedure, to delay consideration of a subject for other reasons. Some types of motions are suitable only for specific circumstances, and their use is otherwise absurd and dilatory. For instance, a motion to refer
Commit (motion)
The motion to commit , in parliamentary procedure, is used to refer another motion—usually a main motion -- to a committee.-Explanation and Use:...
(commit) a resolution to a committee is dilatory if its object would be defeated by the delay in taking action. At a special meeting
Special session
In a legislature, a special session is a period when the body convenes outside of the normal legislative session. This most frequently occurs in order to complete unfinished tasks for the year , such as outlining the government's budget for the next fiscal year, biennium, or other period...
called to consider a matter, a motion to lay that matter on the table is also dilatory.
Reasonableness
Reasonable person
The reasonable person is a legal fiction of the common law that represents an objective standard against which any individual's conduct can be measured...
is often used as a criterion in deciding whether a motion is dilatory. A motion to appeal the ruling of the chair
Appeal (motion)
In parliamentary procedure, an appeal from the decision of the chair is used to challenge a ruling of the chair.-Explanation and Use:George Demeter notes that it "protects the assembly against the arbitrary control of the meeting by its presiding officer." The most common occasions for the motion...
is dilatory if there cannot possibly be two reasonable opinions about the ruling. Likewise, under the common parliamentary law, a motion for a division of the assembly is dilatory if the results of the voice vote
Voice vote
A voice vote is a voting method used by deliberative assemblies in which a vote is taken on a topic or motion by responding verbally....
are already clear to any reasonable person. However, in the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, the constitutional right of a member to demand the yeas and nays cannot be denied even if the purpose is dilatory. The repetitive use of privileged motion
Privileged motion
A privileged motion is a motion in parliamentary procedure that is granted precedence over ordinary business because it concerns matters of great importance or urgency...
s can also be dilatory. Robert's Rules of Order
Robert's Rules of Order
Robert's Rules of Order is the short title of a book containing rules of order intended to be adopted as a parliamentary authority for use by a deliberative assembly written by Brig. Gen...
, 10th edition notes:
In legislative bodies, dilatory motions can take the form of demanding quorum call
Quorum call
A quorum call or call to quorum is a parliamentary procedure used to summon absent members of a deliberative body if a quorum is not present. Since attendance at debates is not mandatory in most legislatures, it is often the case that a quorum of members is not present while debate is ongoing...
s and votes at every opportunity. Another favorite dilatory tactic is for members to not answer when their name is called during the quorum roll call. The problem of dilatory tactics in such bodies dates back to the beginnings of parliamentary procedure in England and the United States. Jefferson's Manual
Jefferson's Manual
Manual of Parliamentary Practice for the Use of the Senate of the United States, written by Thomas Jefferson in 1801, is the first American book on parliamentary procedure. As vice-president of the United States, Jefferson served as the Senate's presiding officer from 1797 to 1801...
, for instance, only requires the Speaker to direct a bill to be read upon the desire of any member "if the request is really for information and not for delay." In the U.S. Senate, there are no formal rules against dilatory tactics except under cloture
Cloture
In parliamentary procedure, cloture is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion"...
. Between 1831 and 1900, dilatory votes to adjourn composed more than 10 percent of all Senate votes, and successfully delayed recognition of Louisiana's Reconstruction government until 1865. Binder notes that in the 46th United States Congress
46th United States Congress
The Forty-sixth United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1879 to March 4, 1881, during the last two years of...
, motions to adjourn consumed 23 percent of all floor votes. Speaker Thomas Brackett Reed
Thomas Brackett Reed
Thomas Brackett Reed, , occasionally ridiculed as Czar Reed, was a U.S. Representative from Maine, and Speaker of the U.S. House of Representatives from 1889–1891 and from 1895–1899...
famously took countermeasures against dilatory tactics, such as ruling dilatory motions out of order, and was sustained by the house. Some legislatures impose quotas on dilatory motions; for instance, the Nova Scotia House of Assembly
Nova Scotia House of Assembly
The Nova Scotia Legislature, consisting of Her Majesty The Queen represented by the Lieutenant Governor and the House of Assembly, is the legislative branch of the provincial government of Nova Scotia, Canada...
imposes a maximum of one motion to hoist
Hoist (motion)
A hoist motion is used in Canadian legislative bodies to cause a bill not to be read now, but six months hence, or any number of months hence....
, one motion to refer to a committee, and one reasoned amendment per reading. The Rules of the U.S. Congress as revised in 1911 declare that no dilatory motion shall be entertained by the Speaker.
Robert's Rules of Order notes that a presiding officer has a duty to protect the assembly from the abuse of parliamentary processes for dilatory purposes. If he becomes convinced that a member is using parliamentary processes for dilatory purposes, he can rule the motions out of order or refuse to recognize the member. But "[i]f the chair only suspects that a motion is not made in good faith, he should give the maker of the motion the benefit of the doubt."
Mason's Manual of Legislative Procedure
Mason's Manual of Legislative Procedure
Mason's Manual of Legislative Procedure, commonly referred to as Mason's Manual. This 700+ page book serves as the official parliamentary manual of most state legislative bodies in the United States. "Adopted as the authority on questions of parliamentary law and procedure in California, it is to...
states:
Dilatory motions and tactics can also occur in judicial contexts, when one side uses them to slow down the trial.
Other meanings
The term "dilatory motion" does not always refer to an ill-intentioned motion. In Canada, "dilatory" motions refer to those "designed to dispose of the original question before the House either for the time being or permanently," and includes, for instance, motions to proceed to the orders of the dayCall for the orders of the day
A call for the orders of the day, in parliamentary procedure, is a motion to require a deliberative assembly to conform to its agenda or order of business.-Explanation and Use:-Robert's Rules of Order Newly Revised :...
; postpone definitely; adjourn; and so on. Jeremy Bentham
Jeremy Bentham
Jeremy Bentham was an English jurist, philosopher, and legal and social reformer. He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism...
held that such types of dilatory motions are useful, noting, "Precipitation may arise from two causes: from ignorance, when a judgment is formed without the collection of all the information required—from passion, when there is not the necessary calm for considering the question in all its aspects."