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The Speaker of the United States House of Representatives is the presiding officer of the lower house of Congress, the House of Representatives. The current Speaker is Dennis Hastert, a Republican Congressman from Illinois, who has held office since January 6, 1999. The office of Speaker was created by the Constitution of the United States. The Speaker is elected by the House of Representatives, and is its highest-ranking officer. Although it is not a Constitutional requirement, as a practical matter the Speakership always belongs to the majority party, and is that party's leader, outranking the House Majority Leader. Likewise, every Speaker has been an elected member of the House. The "Speaker of the House," as the officer is colloquially known, does not normally personally preside over debates, instead delegating the duty to other members of Congress. Aside from duties relating to heading the House and his or her political party, the Speaker also performs administrative and procedural functions, and remains a representative of his or her congressional district. In the Presidential Line of Succession, he or she is second in the line, after the Vice President of the United States and before the President Pro Tempore of the United States Senate.
History
Election Article One of the United States Constitution provides, "The House of Representatives shall chuse their Speaker and other Officers..." The Speaker has always been a member of the House of Representatives. While the actual text of the Constitution does not mention this requirement, the House has always abided by this rule. Some legal writers have wondered if the House could so elect a nonmember, though no Constitutional law scholar has yet gone on record advancing such an unusual view. An argument for such a heterodox view would be that the House has other employees like the Clerk and Sargeant at Arms who are not members. Speakers are elected following each biennial general election, and serve two-year terms. At the beginning of each new term of Congress (January in each odd-numbered year), the Clerk of the House of Representatives presides over the election of a Speaker. Before the election, the congressional conference of each major party (Democratic or Republican) nominates a candidate; the conference chairman delivers a nomination speech on the day of the election. Thereafter, the Clerk calls the roll of the House; when a member's name is called, he verbally announces his vote. (Originally, the Speaker was elected by secret ballot; in 1839, however, it was decided to adopt the voice vote.) Members are not required to vote for one of the nominees; they may vote for an individual who was not previously nominated, if they please. However, a member who does not vote for his or her party's nominee may be punished by the party leadership, possibly losing committee assignments. Therefore, members very rarely fail to vote for the candidates nominated by their parties. Once all members have cast their votes, the Clerk announces the result. In order to be elected, a candidate must receive a simple majority of those voting (not necessarily a simple majority of the total membership of the House). If no candidate receives the requisite majority, the House repeats the procedure until a Speaker is elected. Normally, a single call of the roll suffices, and the election is completed on the first day of the session. After announcing the result, the Clerk appoints a committee of members to formally escort the Speaker to the presiding officer's chair. The Speaker is then sworn in by the Dean of the House (the most senior member). The same procedure for election is used if a Speaker dies or resigns. Notable elections Historically, there have been several controversial elections to the Speakership, such as the contest of 1839. In that case, even though the House convened on December 2, it could not begin the Speakership election until December 14 because of an election dispute in New Jersey known as the "Broad Seal War". Two rival delegations—one Whig and another Democratic—had been certified as elected by different branches of the New Jersey government. The problem was compounded because the result of the dispute would determine whether the Whigs or the Democrats held the majority. Neither party agreed to permit a Speakership election with the opposite party's delegation participating. Finally, it was agreed to exclude both delegations from the election; a Speaker was finally chosen on December 17. Another, more prolonged fight occurred in 1855. The two primary candidates were the Republican Nathaniel Prentiss Banks and the Democrat William Aiken. However, there were nineteen other candidates; thus, neither of the main candidates could achieve a majority. The House remained deadlocked for two months, before it adopted a special resolution allowing a speaker to be chosen by a plurality, instead of an absolute majority. Hence, Banks was finally elected on the 133rd vote. The House found itself in the same dilemma in 1859, again enduring an election that lasted for two months. Throughout, voting was interspersed with speeches by the members, and the Clerk proved unwilling to interfere. On the 54th ballot, the House finally agreed to elect the dark horse candidate William Pennington. Ironically, Pennington had been the New Jersey governor who certified the disputed Whig candidates during the earlier Broad Seal War controversy. The last Speakership election in which the House had to vote more than once occurred in 1923. Neither the Republican nor the Democratic candidate could muster a majority because many members of the Progressive Party (a minor third party) voted for other candidates. The Republican leadership agreed to a number of procedural reforms and to the appointment of Progressives to certain committees; in return, the Progressives ensured the election of Republican Frederick H. Gillett as Speaker. One of the most notable recent elections was that of 1999. Speaker Newt Gingrich, who was widely blamed for the poor showing of the Republican Party during the general elections of 1998, declined to seek another term as Speaker and announced his resignation from the House. His expected successor was chairman of the Appropriations Committee, Bob Livingston, who received the nomination of the Republican conference without opposition. However, Livingston (who had been publicly critical of President Bill Clinton's perjury during his sexual harassment trial) abruptly resigned from the House after it was revealed that he had been engaged in an extramarital affair. As a result the chief deputy whip, Dennis Hastert, was chosen to serve as Speaker. Partisan role The Speaker is the head of the majority party in the House of Representatives, outranking the Majority Leader. He is responsible for ensuring that the House passes legislation supported by the majority party. In pursuing this goal, the Speaker may utilize his or her power to determine when each bill reaches the floor. He or she also chairs the majority party's House steering committee. While the Speaker is the functioning head of the House majority party, the same is not true of the President pro tempore of the Senate, whose office is primarily ceremonial and honorary. When the Speaker and the President belong to the same party, the Speaker normally plays a less prominent role as the leader of the majority party. (For example, the current Speaker, Dennis Hastert, has played a very low-key role during the presidency of fellow Republican George W. Bush.) On the other hand, when the Speaker and the President belong to opposite parties, the public role and influence of the Speaker tend to increase. The Speaker can be seen as the "leader of the opposition," the symbol of his or her party, and the chief public opponent of the President's agenda. Recent examples include Tip O'Neill (who was a vocal opponent of President Ronald Reagan's domestic and defense policies) and Newt Gingrich (who fought a bitter battle with President Bill Clinton for control of domestic policy). Presiding officer The Speaker holds a variety of powers as the presiding officer of the House of Representatives, but normally delegates them to another member of the majority party. Before any member may speak, he must seek the presiding officer's recognition. The presiding officer may call on members as he pleases, and may therefore control the flow of debate. The presiding officer also rules on all points of order, but his rulings may be appealed to the whole House. He is responsible for maintaining decorum in the House, and may order the Sergeant-at-Arms to enforce the rules. On the floor of the House, the presiding officer is always addressed as "Mister Speaker" or "Madam Speaker" (even if the Speaker him or herself is not the individual presiding). When the House resolves itself into a Committee of the Whole, the presiding officer is addressed as "Mister Chairman" or "Madam Chairman." The Speaker's powers and duties extend beyond presiding in the chamber. In particular, he has great influence over the committee process. The Speaker selects nine of the thirteen members of the powerful Committee on Rules, subject to the approval of the conference of the majority party. (The remaining four members are chosen by the leadership of the minority party.) Furthermore, the Speaker appoints all members of select committees and conference committees. Moreover, when a bill is introduced, the Speaker determines which committee shall consider it. As a member of the House, the Speaker is entitled to participate in debate and to vote. By custom, however, he does so only in exceptional circumstances. Normally, the Speaker votes only when his vote would be decisive, and on matters of great importance (such as constitutional amendments). Other functions Because joint sessions and meetings of both houses of Congress are held in the Hall of the House of Representatives, the Speaker presides over all such joint sessions and meetings with one exception. According to , the President of the Senate presides over joint sessions of Congress assembled to count electoral votes and declare the results of a presidential election. The distinction arises because the Twelfth Amendment explicitly provides: "The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the electoral vote certificates." The Speaker is also responsible for overseeing the officers of the House. He has the power to appoint the Historian and the General Counsel; moreover, he appoints the Inspector General jointly with the Majority and Minority Leaders. Some senior officials of the House—the Clerk, the Sergeant-at-Arms, the Chief Administrative Officer, and the Chaplain—are not appointed by the Speaker, but elected by the House. However, the Speaker holds the power to dismiss any of these officers, with the exception of the Chaplain. The Speaker is second in the presidential line of succession, immediately after the Vice President, under the Presidential Succession Act of 1947. He is followed in the line of succession by the President pro tempore of the Senate and by the heads of federal executive departments. To date, the implementation of the Presidential Succession Act has never been necessary; thus, no Speaker has ever succeeded to the Presidency. Implementation of the law almost became necessary in 1973, after the resignation of Vice President Spiro Agnew. Many at the time believed that President Richard Nixon would resign due to the Watergate scandal, allowing Speaker Carl Albert to succeed. However, before he resigned, Nixon appointed Gerald Ford to the Vice Presidency in accordance with the Twenty-fifth Amendment. The Speaker of the House is one of the officers to whom declarations of presidential inability or of ability to resume the presidency must be addressed under the Twenty-fifth Amendment. Finally, the Speaker continues to represent the voters in his congressional district. However, as noted above, the Speaker does not normally vote or participate in debate. List of Speakers This is a complete (as of 2006) list of Speakers, ordered chronologically. | ||||||||||
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