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Response to smb (Reply #25)

Fri May 29, 2020, 11:24 PM

26. In my years of practicing trial and appellate law,

when someone claims an asserted position is obviously true, the matter is hardly obvious.

I quoted Article I, Section 5(1): "...a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide."

Under this provision, a majority of the house constitutes a quorum. Absent a quorum, the only actions the house may take is to adjourn from day to day and to compel the attendance of the truant members.

I also quoted Article I, Section 5(2): "Each House may determine the Rules of its Proceedings. . . ."

The longstanding definition of "quorum" is the minimum number of a body that must be present for the conduct of business. The question is whether Section 5(2) allows a house to determine by rule that a quorum can be met by proxy or virtual attendance contrary to the usual meaning of "quorum."

It seems to be an interesting question of constitutional history and construction, the final determination of which is hardly obvious.

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Arrow 26 replies Author Time Post
turbinetree May 2020 OP
Evolve Dammit May 2020 #1
Midnight Writer May 2020 #2
LastLiberal in PalmSprings May 2020 #19
Maven May 2020 #3
47of74 May 2020 #4
duforsure May 2020 #5
bigtree May 2020 #6
BigOleDummy May 2020 #7
calimary May 2020 #8
bucolic_frolic May 2020 #9
Thekaspervote May 2020 #10
kyburbonkid May 2020 #11
warmfeet May 2020 #12
Hong Kong Cavalier May 2020 #13
smb May 2020 #24
marble falls May 2020 #14
roamer65 May 2020 #15
TomSlick May 2020 #16
smb May 2020 #21
TomSlick May 2020 #22
smb May 2020 #25
LineLineLineLineLineNew Reply In my years of practicing trial and appellate law,
TomSlick May 2020 #26
Capt. America May 2020 #17
Marcuse May 2020 #18
area51 May 2020 #20
Brainfodder May 2020 #23
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