Skip to main content

A Costly Lesson in Parliamentary Procedure

Parliamentary procedure tends not to be a very hot topic of discussion-- unless your organization follows Robert's Rules of Order, or there’s yet another fistfight on a legislative chamber floor. But without even a single punch thrown, the finer points of parliamentary procedure are currently making headlines in the U.S.

Last week, the Senate passed the FDA Food Safety Modernization Act, hailed as a landmark achievement by a lame-duck Congress. The bill would provide greater authority to the Food & Drug Administration to recall contaminated food, in addition to requiring more frequent inspections of production sources. Unfortunately for the bill’s sponsors, and much to the amusement of Jon Stewart at the tail end of this Daily Show clip, the bill hit a constitutional snag almost immediately after its passage.

As Roll Call reported, any revenue-raising legislative provision is required to originate in the U.S. House of Representatives, not the Senate. (To avoid the issue, the Senate could have located a dead House bill, stripped its unrelated provisions, and attached the food safety bill text, but failed to do so.) Now that the bill is making its way to the House, some members are expected to block the bill’s passage there through a process called “blue slipping.”

The food safety bill sponsors would have done well to review Riddick’s Senate Procedure, the bible of Senate parliamentary practice. Originally researched and written by former Senate Parliamentarian (and Duke alumnus) Dr. Floyd M. Riddick, the title is available in print at the Duke Libraries as well as online through the Government Printing Office’s FDsys site. Its "Revenue" chapter clearly explains the constitutional issues which took place here, and other sections discuss the finer points of subjects like attendance expectations, treaty practices, and even the history of a century-long ban on flowers in the Senate chamber.

Throughout his distinguished career, Dr. Riddick had an enormous influence on Senate procedure as well as on the Goodson Law Library. Dr. Riddick and his wife Marguerite were primary benefactors of the library, and their generosity is readily apparent in the Floyd M. and Marguerite F. Riddick Rare Book and Special Collections Room on Level 3. Displayed in the room are numerous photographs from Dr. Riddick's career, as well as some donated works from his personal collection on legislation and American government (many with personal inscriptions to Dr. Riddick from their authors, including most of the works by former president and Law School alumnus Richard Nixon). The Riddicks also established an endowment to support the library’s collection in the areas of legislative and parliamentary procedure. Although some of these items are kept in the Riddick Room, many are found in the library stacks by call number, with a bookplate identifying the Riddicks’ contribution.

For more information on congressional procedures, try a subject search in the Duke Libraries catalog for "Parliamentary practice—United States". To track the developments in the food safety bill, visit the THOMAS Bill Summary and Status page for S.510, or any of the bill tracking resources listed in this May 2009 post.

Popular posts from this blog

Black's Law Dictionary 12th Edition Now Online

A new 12th edition of Black's Law Dictionary was published in June. Once the library's hard copies arrive and are processed, you will find a print copy at the Reserve Desk and on the dictionary stand in the library Reading Room. Online, the Black's Law Dictionary database on Westlaw has already incorporated the 12th edition changes. (To access it on Westlaw Precision, type BLACKS into the main search bar and select the source from the drop-down suggestions, or retrieve it from the Secondary Sources content menu.) What's new in the 2024 edition? As with the 2019 update, the publisher promises a revision to every single page . More than 2,500 new terms (such as ghost gun and shadow docket ) have been added, bringing the total number of definitions higher than 70,000. Last month, longtime editor Bryan A. Garner joined David Lat's Original Jurisdiction podcast to discuss the new edition and his editorial process for revising the much-cited source. Of course, w

Free Access to US Case Law

Last month marked a milestone for the Caselaw Access Project (CAP) , an ambitious project from the Harvard Law Library Innovation Lab to digitize centuries of U.S. federal and state case law for free public access. Launched in 2016 with the financial backing of online legal research company Ravel Law (now owned by LexisNexis ), the Caselaw Access Project involved the digitization of more than 36 million pages of printed case reporters. The original agreement contained a commercial use restriction for eight years, which has now expired. The Innovation Lab commemorated the occasion with a conference on March 8 , highlighting the history of the project and use cases for the future. For more information on the history of the project, see Adam Ziegler's guest post at Bob Ambrogi's Law Sites . The Search feature on the legacy version of the CAP website links to CourtListener's Advanced Case Law Search , which has incorporated the CAP content. The beta version of the  CAP websit

Winter Break Reading Recommendations

The end of the semester is almost here! Amid the flurry of final exams and the holiday rush, it might be hard to find time for your perfect winter break book. But a good read can help pass the time on long flights or airport delays, as well as give you a great way to wind down for the night at the end of busy holiday festivities. To help you find something appealing to read before you go, here are seven recommended titles that the Goodson Law Library staff have enjoyed recently. Number Go Up: Inside Crypto's Wild Rise and Staggering Fall , by Zeke Faux ( Request a print copy   or put a hold on the e-book !) "In this up-close-and-personal account, Faux reveals the highly entertaining and, frankly, horrifying (for human beings and the environment) worlds behind the current crypto scandals. An investigative reporter for Bloomberg, Faux also manages to make abstruse cryptocurrency concepts digestible here. For my fellow legal news junkies looking for a deep dive beyond the FTX/