Robert's Parliamentary Practice/Chapter 4
CHAPTER IV.
PRIMARY AMENDMENTS.
It is often necessary to change the wording of a motion before the members are willing to take final action on it. Such changes are called amendments. While the proposed changes express the views of those who offer the amendments, they may not agree with the wishes of those who offer the motion to be amended. The amendment, however, must be germane to the motion to be amended, that is, it must have a bearing on the subject, and be so closely related to it that the two can be considered and acted upon together as well as separately. If the adoption of the motion would necessarily prevent the introduction of a new motion containing the substance of the proposed amendment, then the amendment is germane to the motion.
An amendment may be in any of the following forms:
(a) to insert or add (that is, place at the end);
(b) to strike out;
(c) to strike out and insert, or to substitute as it is called when an entire paragraph or resolution is struck out and another is inserted in its place.
The motion to amend may be made in various forms as will be seen in the drills. The following are perhaps the most common:
"I move to add [or to amend by adding] the words ———" or, "I move to insert [or to amend by inserting] the words ——— after [or before] the word ———" [naming the more important word]; "I move to strike out the word [or words] ———" [locating unmistakably the part to be struck out whenever those words are used more than once]; "I move to strike out the word [or words] ——— [locating them if necessary] and insert the word [or words] ———"; "I move to substitute for the pending resolution the following, 'Resolved, That,' " etc., or, "I move to substitute for the second paragraph the following paragraph ———." Any of these motions may begin with "I move to amend by," followed by "inserting," etc., or whatever words are required to express the amendment.
After the amendment has been proposed and seconded, the chair states the question thus: "It has been moved and seconded to amend the resolution [or motion] by ——— [stating the amendment]. Are you ready for the question?" After debate has ceased the chair puts the question thus: "The question is on amending the resolution by ——— [stating the amendment]. As many as are in favor of the amendment say Aye. Those opposed say No. The ayes have it and the amendment is adopted. The question is now on the resolution as amended, which is as follows [repeating the amended resolution]. Are you ready for the question?" After debate the question on the amended resolution is put as shown in Chapter I.
Substitute. In case of substituting one paragraph for another the question is stated in a form similar to this: "The paragraph in the resolution which it is proposed to replace is as follows [reading the paragraph]. It is moved and seconded to substitute for this the following [reading the paragraph]. The question is on the adoption of the motion to substitute the paragraph last read for the one in the resolution. Are you ready for the question?" The question is now open to debate and amendment, the original paragraph being first amended and then the new one. When the debate has ceased the question is put thus: "Are you ready for the question? [No one rising, the chair continues:] The paragraph it is proposed to replace is as follows [reads paragraph as amended]. It is moved to substitute for this paragraph the following [reads the substitute as amended]. The question is on the adoption of the motion to substitute. As many as are in favor of the motion to substitute say Aye. Those opposed say No. The ayes have it and the motion to substitute is adopted. The question is now on the resolution as amended. Are you ready for the question?"
When a motion to amend by substituting is adopted, the new paragraph takes the place of the old one and requires the same further action by the assembly that the old one would have required if it had not been replaced. If a by-law is substituted for an existing by-law the new by-law takes the place of the old one and therefore requires no further action. But if the by-laws are pending when the motion to substitute is adopted, then the substituted by-law is pending to be voted upon the same as the one had been which it replaced. In like manner, when one resolution is substituted for another which is pending, the substitute takes its place and is the pending question to be voted upon.
An amendment of any pending motion except an amendment is called a primary amendment, or an amendment of the first degree. An amendment of a primary amendment is called a secondary amendment, or an amendment of the second degree. While a primary amendment is pending no other primary amendment of the same motion is in order. After a primary amendment has been voted on another primary amendment is in order, and so on indefinitely.
An amendment of something already adopted, as by-laws or standing rules, is a main motion, not a subsidiary one, as explained, page 11. Therefore an amendment of a proposed amendment to existing by-laws is a primary amendment.
An amendment may be offered to any pending motion except those contained in the list of secondary motions that cannot be amended, page 171. No secondary motion can be amended so as to change it into another secondary motion. An amendment of a debatable motion is debatable; an amendment of an undebatable motion is undebatable. When debatable the debate must be confined to the merits of the amendment.
Improper Amendments. An amendment is improper and out of order if it is not germane to the motion to be amended; or if its adoption would make the motion an improper one, as described, page 11; or if its adoption would make the affirmative of the amended motion the equivalent of the negative of the original motion; or if it changes one form of amendment to another form [See (a) (b) (c), page 24] or if it substitutes one form of motion for another form; or if it strikes out words that have been inserted, unless some additional words are struck out to make the new question entirely different from the old one; or if it inserts words that have been struck out, unless the motion to insert includes enough additional words to make the question entirely different from the question of striking out which was previously decided.
To illustrate: Suppose the question is on the adoption of the resolution, "Resolved, That our delegates to the State Convention be, and are hereby, instructed to oppose the adoption of the proposed amendment to the by-laws": It would be out of order to amend by adding "and that the janitor's salary be increased five dollars a month," as the amendment is not germane to the main motion; or to amend by inserting "not" before "instructed," because the amended motion is a useless and improper one, and the affirmative of it is equivalent to the negative of the original motion. It would be a perfectly proper amendment, however, to insert "not" after "instructed." The motion to "postpone to a certain time" cannot be amended by substituting for it the motion to "commit." If the resolution is amended by inserting "strongly" before "oppose" it would be out of order afterwards to move to strike out the word "strongly." [See Improper Amendments R. O. R., pages 143-146.]
Practice Work.
(1) What is an amendment?
(2) Illustrate by an example your idea of an amendment that is germane to the motion to be amended. Give an example of one that you think is not germane.
(3) What are the three forms of amendment?
(4) State the Privileged and Subsidiary motions that cannot be amended.[1]
(5) Give the form for amendment by adding words; by inserting words.
(6) Give the form for amendment by striking out words.
(7) Give the form for amendment by striking out and inserting.
(8) State the question, put it, and announce the result on amending by each of the above mentioned forms.
(9) Why do we vote on substituting the paragraph and then on adopting the resolution itself?
(10) Read and discuss the paragraphs on Improper Amendments.
- ↑ See Chart I.