Suspend the rules

__NOTOC__A motion to suspend the rules, in parliamentary procedure, is used to allow a deliberative assembly to do something that it could not normally do without violating special rules of order, rules contained in the parliamentary authority, the standing rules of the assembly, [cite parl|title=RONR|edition=10th|pages=252-253 (RONR)] or rules of order contained in the bylaws. [RONR, p. 17]

Explanation and Use

infobox motion
name = Suspend the rules (RONR)
class = I
inorder = No
seconded = Yes
debatable = No
amendable = No
voterequired = Two-thirds
reconsidered = No

Rules are also sometimes suspended by unanimous consent without a formal motion. Typically, a member will make a request, such as to consider particular business or take a special action not permitted by the rules. The chair will ask if there is any objection; if there is no objection, the rules are suspended. [cite parl|title=MAS|pages=215|edition=2000|year=2000 (Mason)] This is a similar motion to a request for any other privilege.

Background

Rules are essential to the regularity of the proceedings, they prevent the oppression of the minority and prevent the minority from obstructing the will of the majority. For these reasons, members have a right to insist on the observance of the rules. Yet a member may waive his right and also the assembly may dispense with the operation of its rules. Therefore it has become the American practice that it is permissible to disregard the rules, provided it be done with unanimous consent. In most legislative bodies and in organizations that adopt a parliamentary authority, it is provided that the rules may be suspended by an affirmative vote of two-thirds of those present. [cite parl |title=Hughes' American Parliamentary Guide |author=Hughes, Edward Wakefield |year=1928 | pages=276-277]

When not allowed

Rules which embody fundamental principles of parliamentary law and rules protecting absentees or a basic right of the individual cannot be suspended, even by unanimous vote.RONR, p. 255] cite parl|title=TSC|pages=85|edition=4th (TSC)] Thus, it would be illegal to suspend the rules to allow non-members to vote; to authorize absentee or cumulative voting; to waive the requirement of a quorum; or to waive the requirement for previous notice for a bylaws amendment. Moreover, the rules cannot be suspended to take away a particular member's right to attend meetings, make motions, speak in debate, and vote; these can only be curtailed through disciplinary proceedings.

RONR, TSC, and Demeter agree that provisions in the bylaws that do not relate to parliamentary procedure may not be suspended. [RONR, p. 86] Demeter notes how this plays into the reality of parliamentary situations: [cite parl|title=DEM|pages=133]

Similarly, Mason states: [Mason, p. 213]

The action is still illegal if it violated a mandatory constitutional provision, since a legislature cannot suspend the constitution. [Mason, pp. 212,215]

Related Motions

The Gordian Knot

One application of the motion to suspend the rules is called the "Gordian knot" motion.TSC, p.86] If confusion has caused the assembly to get so tangled up in a parliamentary snarl that neither the chairman nor the members can unravel it, a member can move to suspend the rules to start fresh. The use of the "Gordian Knot" motion is illustrated in "The Standard Code" with this example: "Madam President, in view of the confusion about the parliamentary situation, I believe it would be best if we were to cancel out everything that has been done on this motion and start over from the beginning, permitting the motion to be resubmitted in whatever form the maker wishes. I move that the rules be suspended to permit this.". The "Gordian Knot" version of suspend the rules was introduced by Dr. Floyd Riddick, Parliamentarian Emeritus of the United States Senate, at a meeting of the Board of Directors of the American Institute of Parliamentarians. [cite book |title=Point of Opinion|first=Herman W.|last=Farwell|year=2004|publisher=Infinity|location=West Conshohocken, PA|pages=27] RONR does not make reference to the "Gordian Knot".

References