Bills of Congress by U.S. Congress

H.R.es78 - Amending the Rules of the House of Representatives to permit certain resolutions to be privileged only if they are based on conduct which was the subject of an investigation and report by the appropriate committee of jurisdiction or if they are offered by direction of a party caucus or conference. (119th Congress)

Summary

H.Res.78 aims to amend the Rules of the House of Representatives regarding the process for resolutions that can be considered privileged. Specifically, it seeks to limit the privileged status of resolutions impeaching government officers or censuring, reprimanding, or expelling members, delegates, or resident commissioners. The resolution mandates that such resolutions must either be based on a committee investigation and report or be offered by direction of a party caucus or conference.

This change intends to ensure that serious actions like impeachment or censure are not taken lightly and are grounded in either thorough investigation or broad party consensus. The resolution was introduced in the House of Representatives on January 28, 2025, and referred to the Committee on Rules.

The bill aims to provide more checks and balances within the House, ensuring more due diligence is done before certain resolutions are brought to the floor.

Expected Effects

The primary effect of H.Res.78 would be to raise the procedural bar for bringing resolutions of impeachment, censure, reprimand, or expulsion to the House floor. This could lead to fewer such resolutions being considered, or at least ensure that those considered have a stronger basis in evidence or party support.

It could also shift power dynamics within the House, potentially increasing the influence of committees and party leadership in determining which resolutions are debated. This may slow down the process of bringing certain resolutions to the floor.

Ultimately, the effect is to make it more difficult to bring up resolutions of impeachment, censure, reprimand, or expulsion without proper investigation or party backing.

Potential Benefits

  • More Deliberate Consideration: Ensures serious resolutions are based on thorough investigation or party consensus.
  • Reduced Partisan Abuse: Limits the potential for politically motivated resolutions without factual basis.
  • Strengthened Committee Role: Enhances the importance of committee investigations and reports.
  • Greater Stability: Promotes a more stable and less reactive legislative environment.
  • Increased Accountability: Encourages members to rely on evidence and due process before introducing impactful resolutions.

Potential Disadvantages

  • Potential for Gridlock: Could delay or prevent consideration of necessary resolutions if committees or parties are unwilling to act.
  • Suppression of Minority Views: May limit the ability of individual members to raise concerns about misconduct.
  • Increased Party Control: Could concentrate power in party leadership, potentially stifling dissent.
  • Reduced Responsiveness: May make it harder to quickly address urgent issues requiring immediate action.
  • Bureaucratic Hurdles: Introduces additional procedural steps that could slow down the legislative process.

Constitutional Alignment

The resolution appears to align with the Constitution by promoting due process and deliberation within the House of Representatives. While the Constitution grants the House the power of impeachment (Article I, Section 2), it does not specify the procedures for bringing such resolutions to the floor. H.Res.78 seeks to establish internal rules for the House, which is within its constitutional authority (Article I, Section 5).

The resolution does not infringe on any specific constitutional rights or liberties. It primarily affects the internal operations of the House and aims to ensure that serious actions like impeachment are not taken without proper consideration.

Overall, the resolution seems consistent with the Constitution's framework for legislative procedure and internal governance.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).