# Congress Questions **URL:** \ **Category:** Factual Questions\ **Created:** [March 17, 2003, 11:44pm UTC](https://boards.straightdope.com/t/congress-questions/162146 "2003-03-17T23:44:40Z")\ **Posts on this page:** 4\ **Page:** 1
**Author:** ![wedgerat](https://avatars.discourse-cdn.com/v4/letter/w/e19b73/32.png) [@wedgerat](https://boards.straightdope.com/u/wedgerat)\ **Post date:** [March 17, 2003, 11:44pm UTC](https://boards.straightdope.com/t/congress-questions/162146/1 "2003-03-17T23:44:40Z")
Suppose the House of Representatives was divided between Democrats and Republicans, with one Independent to even the number up. Which would be the majority party? (I know that, in the Senate, the Majority in case of tie is based on the party of the Vice President, but the V.P. doesn’t preside over the House…) Another question: everything spoken on the Senate floor is part of the public domain, right? Does this mean that if, during a filibuster, a Senator start reads aloud from _The Moon is a Harsh Mistress,_ (a copyrighted work) I can copy the congressional record for all my friends and not pay the author a dime? How does this work? Erm, if you could provide a cite for an answer to the first question, I’d appreciate it. I asked the question in Gov’t & Econ class and Teacher didn’t know the answer. He said that if I bring him an answer I’d get bonus points. If you don’t provide a nice, printable cite, I’ll still be happy, because I’m honestly curious and not just using you guys to do my homework… ---
**Author:** ![Nametag](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nametag/32/406_2.png) [@Nametag](https://boards.straightdope.com/u/Nametag)\ **Post date:** [March 18, 2003, 12:04am UTC](https://boards.straightdope.com/t/congress-questions/162146/2 "2003-03-18T00:04:09Z")
In the event of a tie, the resolution fails, and another vote must be taken, and another, and another, and another. Sooner or later, someone will break. > [@](#): > > ``` > Under the modern practice, the Speaker is elected by viva voce > > ``` > > vote on a roll call by a majority of those present (1 Hinds Sec. 204; > Manual Sec. 27). The Clerk appoints tellers for this election but the > House, and not the Clerk, decides by what method it shall elect. 1 > Hinds Sec. 210. The motion to proceed to the election of Speaker is > privileged (8 Cannon Sec. 3883) and debatable unless the previous > question be ordered (Manual Sec. 312). The House may ask candidates > for Speaker to state their views before proceeding to election. 1 > Hinds Sec. 218. > In two instances the House chose a Speaker by plurality of votes, > but confirmed the choice by majority vote. In 1849, the House had been > in session 19 days without being able to elect a Speaker, no candidate > having received a majority of the votes cast. The voting was viva > voce, each Member when called naming the candidate for whom he voted. > Finally, after the fifty-ninth ballot, the House adopted a resolution > declaring the Speaker to be elected by a plurality. 1 Hinds Sec. 221. > In 1856, the House was again in the midst of a struggle over the > election of a Speaker. One hundred and twenty-nine ballots had been > taken without any candidate receiving the majority of the votes cast. > The House then adopted a resolution permitting the election to be > decided by a plurality. 1 Hinds Sec. 222. ---
**Author:** ![Nametag](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nametag/32/406_2.png) [@Nametag](https://boards.straightdope.com/u/Nametag)\ **Post date:** [March 18, 2003, 12:11am UTC](https://boards.straightdope.com/t/congress-questions/162146/3 "2003-03-18T00:11:06Z")
Whoops, Cite: HOUSE PRACTICE, 104th Congress, 2d Session A Guide to the Rules, Precedents and Procedures of the House From the U.S. Government Printing Office via GPO Access > **[govinfo](https://www.govinfo.gov/app/browse/category)** > > Official Publications from the U.S. Government Publishing Office. ---
**Author:** ![Freddy\_the\_Pig](https://avatars.discourse-cdn.com/v4/letter/f/a587f6/32.png) [@Freddy\_the\_Pig](https://boards.straightdope.com/u/Freddy_the_Pig)\ **Post date:** [March 18, 2003, 1:14am UTC](https://boards.straightdope.com/t/congress-questions/162146/4 "2003-03-18T01:14:38Z")
> [@](#): > > \*Originally posted by DarkMika \* > \*\*Suppose the House of Representatives was divided between Democrats and Republicans, with one Independent to even the number up. Which would be the majority party? (I know that, in the Senate, the Majority in case of tie is based on the party of the Vice President, but the V.P. doesn’t preside over the House…) > \*\* Simple enough–the Independent would decide which party to support, and that party would become the majority.