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sition and, at the same time, move the previous question.
In the United States House of Representatives there is a tolerated usage permitting a friend of a bill that has been passed to move a reconsideration and at the same time that this motion lie upon the table, for the purpose of making it difficult or practically impossible to reconsider and reach the bill. This usage, however, should not be regarded as a part of general parliamentary law, but as a peculiarity arising out of a special rule adopted by the body itself and therefore not to be followed by bodies in general.
To make at once a double motion, or to make two motions at the same time, is a violation of common parliamentary law which insists on "one thing at a time." Of course, under general parliamentary law, whatever is laid on the table can be taken from it, and so the reconsideration could be reached, but the double motion method makes it more difficult in a body that has peculiar usages of its own, and this making of two motions at once should not be countenanced.
The effect of a reconsideration.
When the motion
to reconsider is before the body it has a suspensive effect. As one decision puts it, "The effect of the pendency of a motion to reconsider, according to the universal usage, is to suspend the original proposition.”
If the motion to reconsider is agreed to, then the question which the meeting has decided to reconsider is in the exact position it held just before the vote was taken, and, if debatable, it can be discussed as though no vote had been taken; and, as has been seen, though it may have been voted upon under the previous question, it comes up divested of that question, and is as debatable as it was before the previous question was ordered, and as susceptible to amendment or other action as it was before the deciding vote. In other words, the situation is just the same as it was just before that vote was taken. Hence if, in the former discussion, a member exhausted his privilege of debate, he cannot discuss it further without
permission, but he may manage to present his views during the consideration of the motion to reconsider.
As Robert says: "The effect of making this motion is to suspend all action that the original motion would have acquired until the reconsideration is acted upon; but, if it is not called up, its effect terminates with the session, provided that, in an assembly having regular meetings as often as monthly, if there is not held upon another day an adjourned meeting of the one at which the reconsideration was moved, its effect shall not terminate till the close of the next succeeding session. But the reconsideration of an incidental or subsidiary motion (except where the vote to be reconsidered had the effect to remove the whole subject from before the assembly) shall be immediately acted upon, as, otherwise, it would prevent action on the main question. As long as its effect lasts (as shown above) anyone can call up the motion to reconsider, and have it acted upon, excepting that, when its effect extends beyond the meeting at which the motion was made, no one but the mover can call it up at that meeting."
The motion to reconsider having passed, it is equivalent to an order of the house that the consideration of the subject in question be at once resumed. So it has been decided that "According to the uniform practice, where a motion to reconsider has been passed in the affirmative, the question immediately recurs upon the question reconsidered."
If the motion to reconsider prevails, the chairman at once announces the fact, and says, "The question now recurs on the adoption of the resolution" (or whatever it may be), whereupon the members proceed with the question as it was just prior to its former decision.
8. Rescind or Repeal. To Rescind or Repeal is a method for abrogating or making void an action after it has become too late to reach it through a reconsideration. At any time thereafter an act may be annulled by passing a motion or resolution to rescind or to repeal that particular action.
To rescind is literally to cut off; or, as it might be phrased, to cut out; or, as it has been defined, "To abrogate; revoke; annul; vacate as an act, by the enacting authority or by superior authority; as to rescind a law, a resolution, or a vote; to rescind an edict or decree; to rescind a judgment."
To repeal is to call back, to recall, and so, "To revoke; abrogate, as a law or statute." One may speak of rescinding a resolution, an order, or an act, and of repealing a law, or an act repealing an act or statute. The method is by motion, resolution, or act.
A member may say, "Mr. President, I move to rescind the resolution" (or whatever it may be); or, "I move that be rescinded," and the Chair in stating the question may say: "It has been moved and seconded that [stating what] be rescinded"; or, "It is moved to rescind -," and put the vote for and against. Or in a more formal manner a member may present "An act to repeal (or rescind)
The motion is not privileged, but simply has the standing of any ordinary new resolution or principal motion.
It is debatable and opens to discussion the matter which it is proposed to rescind.
The effect of rescinding or repealing is to annul, cancel, and make void whatever has been rescinded or repealed, so that it stands as no law, act, order, resolution, or whatever the form of the proceeding may have been. In other words, it has been abrogated and is henceforth without force.