Gag rule
Encyclopedia
A gag rule is a rule that limits or forbids the raising, consideration or discussion of a particular topic by members of a legislative or decision-making body.
and Congressional immunity). On the other hand, gag rules are typically defended on the ground that they help preserve consensus by placing potentially divisive controversies "off the table" of debate.
(Senate) of Malaysia, which has a standing order prohibiting any member from proposing the repeal of those articles of the Malaysian Constitution that reserve certain privileges for Bumiputra
(ethnic Malay) citizens.
, the Archbishop of Canterbury
during the reign of King Charles I of England
:
However, in practice, the effect (and in most cases, the intent) of even an even-handed ban on advocating or opposing a particular policy will be to entrench the status quo.
about 1831, petitions of various kinds poured into the United States House of Representatives
and the United States Senate
praying for the abolition or the restriction of that institution. These were generally presented by John Quincy Adams
, who as a member of Congress identified himself particularly with the struggle against any Congressional abridgment of the right of petition. It was Adams who ultimately repealed the rule, by authoring a resolution for repeal, and assembling the coalition necessary to pass it.
The pro-slavery forces responded with a series of gag rules that automatically "tabled" all such petitions, preventing them from being read or discussed.
The House
passed the Pinckney Resolutions on May 26, 1836, the third of which was known from the beginning as the "gag rule" and passed with a vote of 117 to 68 (The first stated that Congress had no constitutional authority to interfere with slavery in the states and the second that it "ought not" do so in the District of Columbia.)
From the inception of the gag resolutions, Adams was a central figure in the opposition to the gag rules. He argued that they were a direct violation of the First Amendment
right "to petition the Government for a redress of grievances". A majority of Northern Whigs
joined the opposition. Rather than suppress anti-slavery petitions, however, the gag rules only served to offend Americans from Northern states, and dramatically increase the number of petitions. The growing offense to the gag rule, as well as the Panic of 1837
, may have contributed to the first Whig majority, in the 27th Congress
.
Since the original gag was a resolution, not a standing House Rule, it had to be renewed every session, and Adams and others had free rein until then. In January 1837, the Pinckney Resolutions were substantially renewed, more than a month into the session. The pro-gag forces gradually succeeded in shortening the debate and tightening the gag. In December 1837, the Congress passed the Patton Resolutions, introduced by John M. Patton
of Virginia. In December 1838, the Congress passed the Atherton Gag, composed by Democratic States-Rights Congressman Atherton
of New Hampshire
, on the first petition day of the session.
In January 1840, the House of Representatives passed the Twenty-first Rule, which greatly changed the nature of the fight - it prohibited even the reception of anti-slavery petitions and was a standing House rule. Before, the pro-slavery forces had to struggle to impose a gag before the anti-slavery forces got the floor. Now men like Adams or Slade
were trying to revoke a standing rule. However, it had less support than the original Pinckney gag, passing only by 114 to 108, with substantial opposition among Northern Democrats and even some Southern Whigs, and with serious doubts about its constitutionality. Throughout the gag period, Adams' "superior talent in using and abusing parliamentary rules" and skill in baiting his enemies into making mistakes, enabled him to evade the rule. The gag was finally rescinded December 3, 1844, by a vote of 108-80, all the Northern and 4 Southern Whigs voting for repeal, along with 78% of the Northern Democrats. It was John Quincy Adams who had successfully assembled the coalition that approved his resolution to repeal the rule.
In the Senate
in 1836, John C. Calhoun
attempted to introduce a gag rule. The Senate rejected this proposal, but agreed on a method which, while technically not violating the right to petition, would achieve the same effect. If an anti-slavery petition was presented, the Senate would vote not on whether to accept the petition but on whether to consider the question of receiving the petition.
Origin and pros and cons
The term “gag rule” originated in the mid-1830s when the U.S. House of Representatives barred discussion or referral to committee of antislavery petitions. Such rules are often criticized because they abridge freedom of speech, which is normally given extremely high value when exercised by members of legislative or decision-making bodies (see Parliamentary privilegeParliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
and Congressional immunity). On the other hand, gag rules are typically defended on the ground that they help preserve consensus by placing potentially divisive controversies "off the table" of debate.
Malaysia
A present-day example can be found in the Dewan NegaraDewan Negara
The Dewan Negara is the upper house of the Parliament of Malaysia. The Dewan Negara consists of 70 members, of which 26 are indirectly elected by the states, with two senators for every state in the Federation, and the other 44 being appointed by the Yang di-Pertuan Agong .The Dewan Negara...
(Senate) of Malaysia, which has a standing order prohibiting any member from proposing the repeal of those articles of the Malaysian Constitution that reserve certain privileges for Bumiputra
Bumiputra
Bumiputera or Bumiputra is a Malay term widely used in Malaysia, embracing indigenous people of the Malay Archipelago. The term comes from the Sanskrit word bhumiputra, which can be translated literally as "son of land"...
(ethnic Malay) citizens.
England
A gag rule may be formally neutral, that is, forbidding discussions or arguments either for or against a particular policy. For example, William LaudWilliam Laud
William Laud was Archbishop of Canterbury from 1633 to 1645. One of the High Church Caroline divines, he opposed radical forms of Puritanism...
, the Archbishop of Canterbury
Archbishop of Canterbury
The Archbishop of Canterbury is the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, and the diocesan bishop of the Diocese of Canterbury. In his role as head of the Anglican Communion, the archbishop leads the third largest group...
during the reign of King Charles I of England
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
:
... forbade ministers to discuss the sublime mysteries associated with Calvin's doctrine of predestination. They could not preach it, nor could they preach against it. They could not mention it at all... For Laud, what was at stake was not so much the promotion of his own theological opinions as the suppression of the furor theologicus that had caused so much devastation in England and throughout Europe in the aftermath of the Reformation.
However, in practice, the effect (and in most cases, the intent) of even an even-handed ban on advocating or opposing a particular policy will be to entrench the status quo.
United States
After the beginning of the earnest agitation of the Northern abolitionists against the institution of slaverySlavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
about 1831, petitions of various kinds poured into the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
and the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
praying for the abolition or the restriction of that institution. These were generally presented by John Quincy Adams
John Quincy Adams
John Quincy Adams was the sixth President of the United States . He served as an American diplomat, Senator, and Congressional representative. He was a member of the Federalist, Democratic-Republican, National Republican, and later Anti-Masonic and Whig parties. Adams was the son of former...
, who as a member of Congress identified himself particularly with the struggle against any Congressional abridgment of the right of petition. It was Adams who ultimately repealed the rule, by authoring a resolution for repeal, and assembling the coalition necessary to pass it.
The pro-slavery forces responded with a series of gag rules that automatically "tabled" all such petitions, preventing them from being read or discussed.
The House
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
passed the Pinckney Resolutions on May 26, 1836, the third of which was known from the beginning as the "gag rule" and passed with a vote of 117 to 68 (The first stated that Congress had no constitutional authority to interfere with slavery in the states and the second that it "ought not" do so in the District of Columbia.)
From the inception of the gag resolutions, Adams was a central figure in the opposition to the gag rules. He argued that they were a direct violation of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
right "to petition the Government for a redress of grievances". A majority of Northern Whigs
Whig Party (United States)
The Whig Party was a political party of the United States during the era of Jacksonian democracy. Considered integral to the Second Party System and operating from the early 1830s to the mid-1850s, the party was formed in opposition to the policies of President Andrew Jackson and his Democratic...
joined the opposition. Rather than suppress anti-slavery petitions, however, the gag rules only served to offend Americans from Northern states, and dramatically increase the number of petitions. The growing offense to the gag rule, as well as the Panic of 1837
Panic of 1837
The Panic of 1837 was a financial crisis or market correction in the United States built on a speculative fever. The end of the Second Bank of the United States had produced a period of runaway inflation, but on May 10, 1837 in New York City, every bank began to accept payment only in specie ,...
, may have contributed to the first Whig majority, in the 27th Congress
27th United States Congress
The Twenty-seventh United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1841 to March 3, 1843, during the one-month...
.
Since the original gag was a resolution, not a standing House Rule, it had to be renewed every session, and Adams and others had free rein until then. In January 1837, the Pinckney Resolutions were substantially renewed, more than a month into the session. The pro-gag forces gradually succeeded in shortening the debate and tightening the gag. In December 1837, the Congress passed the Patton Resolutions, introduced by John M. Patton
John M. Patton
John Mercer Patton was a nineteenth century politician and lawyer from Virginia.Born in Fredericksburg, Virginia, Patton attended Princeton University and graduated from the medical department at the University of Pennsylvania in 1818. He studied law and was admitted to the bar, commencing...
of Virginia. In December 1838, the Congress passed the Atherton Gag, composed by Democratic States-Rights Congressman Atherton
Charles G. Atherton
Charles Gordon Atherton was a Democratic Representative and Senator from New Hampshire.-Biography:The son of Charles Humphrey Atherton and Mary Ann Toppan-Atherton, Charles G. Atherton was born in Amherst, New Hampshire on 4 July 1804...
of New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
, on the first petition day of the session.
In January 1840, the House of Representatives passed the Twenty-first Rule, which greatly changed the nature of the fight - it prohibited even the reception of anti-slavery petitions and was a standing House rule. Before, the pro-slavery forces had to struggle to impose a gag before the anti-slavery forces got the floor. Now men like Adams or Slade
William Slade
William Slade jr. was an American Whig and Anti-Masonic politician.He was born in Cornwall, Vermont, May 9, 1786; attended the public schools, and was graduated from Middlebury College in 1807; studied law; was admitted to the bar in 1810 and commenced practice in Middlebury; engaged in editorial...
were trying to revoke a standing rule. However, it had less support than the original Pinckney gag, passing only by 114 to 108, with substantial opposition among Northern Democrats and even some Southern Whigs, and with serious doubts about its constitutionality. Throughout the gag period, Adams' "superior talent in using and abusing parliamentary rules" and skill in baiting his enemies into making mistakes, enabled him to evade the rule. The gag was finally rescinded December 3, 1844, by a vote of 108-80, all the Northern and 4 Southern Whigs voting for repeal, along with 78% of the Northern Democrats. It was John Quincy Adams who had successfully assembled the coalition that approved his resolution to repeal the rule.
In the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
in 1836, John C. Calhoun
John C. Calhoun
John Caldwell Calhoun was a leading politician and political theorist from South Carolina during the first half of the 19th century. Calhoun eloquently spoke out on every issue of his day, but often changed positions. Calhoun began his political career as a nationalist, modernizer, and proponent...
attempted to introduce a gag rule. The Senate rejected this proposal, but agreed on a method which, while technically not violating the right to petition, would achieve the same effect. If an anti-slavery petition was presented, the Senate would vote not on whether to accept the petition but on whether to consider the question of receiving the petition.