OF THE WHOLE HOUSE

2 definitions found across Law Mind sources

OF THE WHOLE HOUSEAuthored
The Law Mind • 867 words
Definition
"Of the whole house" is a parliamentary procedure term describing the condition of a legislative assembly when it resolves itself into a Committee of the Whole House — that is, when all members of a legislative chamber convene informally as a single deliberative committee rather than operating under the body's standard rules of procedure. The phrase identifies the committee's composition: it consists of every member of the house, as opposed to a select or standing committee drawn from a subset of members. The Committee of the Whole House is a procedural device that allows a legislature to consider legislation, resolutions, or financial measures in a more flexible and less formal setting than a regular session. Rules governing speaking time, voting procedures, and debate are typically relaxed. The full chamber sits, but the Speaker vacates the chair and a designated Chairman of Committees presides instead.
Core Elements
The Committee of the Whole House has three defining characteristics that distinguish it from ordinary legislative session: Composition: Every member of the house is eligible and expected to participate — hence "of the whole house," as opposed to a select or standing committee of limited membership. Presiding officer: The Speaker or presiding officer of the full chamber steps down. A separate Chairman (in the English House of Commons, the Chairman of Ways and Means) takes the chair at the table rather than the Speaker's elevated seat. Procedural relaxation: The committee operates under modified rules — in the Commons tradition, the quorum is lower, debate may be less strictly controlled, and preliminary resolutions may be considered before a bill proceeds to formal stages.
Why It Matters in Research
Researchers working with historical legislative records, English parliamentary materials, or early American legislative practice will encounter this phrase as a term of art. Several research traps are worth noting. First, the phrase appears most heavily in English parliamentary sources and in American legislative practice drawn from English models. Early American state legislatures and the Continental Congress borrowed the Committee of the Whole device directly from Westminster practice, so colonial and early republic legislative journals will use "of the whole house" in precisely the English sense. Second, the term has declined in modern American legislative drafting. The U.S. House of Representatives still formally uses the Committee of the Whole House on the State of the Union for consideration of general appropriations bills and other measures, but the phrase "of the whole house" itself rarely appears in contemporary secondary sources. Researchers using modern legislative indexes may need to search under "Committee of the Whole" to surface the relevant materials. Third, the Rapalje & Lawrence entry is incomplete as printed — the entry cuts off mid-sentence at "the seat of the," almost certainly referring to the Clerk's position at the table. Researchers relying solely on this source will not find a complete description of the Chairman's seating or the full procedural rules. Supplementing with Erskine May's Treatise on the Law, Privileges, Proceedings and Usage of Parliament is essential for complete historical treatment. Fourth, for American practice, Jefferson's Manual of Parliamentary Practice (prepared by Thomas Jefferson for the Senate and later incorporated by reference into House Rules) provides the foundational American adaptation of the Committee of the Whole device. Any research into early American legislative procedure should treat Jefferson's Manual as a primary source alongside English parliamentary authorities.
Historical Dictionary Support
Rapalje & Lawrence is the only shelf source carrying this entry, and the entry is truncated, ending before fully describing the Chairman's seating arrangement and duties. What the entry does confirm is the core structural feature: the Chairman of Ways and Means — always a member of the House, elected at the start of each new parliament — presides in committee. He sits at the table rather than in the Speaker's chair, a physical distinction that signals the informal, committee-like character of the proceedings. The entry correctly identifies three principal occasions for the Committee of the Whole: consideration of government-introduced bills, the Committee of Ways and Means (financial measures), and the Committee of Supply (appropriations). This tripartite structure reflects English parliamentary practice through the nineteenth century, though later reforms have modified some of these procedures. Historical sources generally do not engage with "of the whole house" as an independent term — they treat it as a descriptor embedded within "Committee of the Whole House" as a compound phrase. Researchers should not expect standalone entries under this phrase in most legal dictionaries of the period.
Jurisdictional Note
The term originates in English parliamentary practice and was transplanted into American legislative procedure at the federal and state levels. The U.S. House of Representatives retains a formal Committee of the Whole House on the State of the Union; the U.S. Senate abolished its comparable procedure. State legislative practice varies considerably; many state legislatures have abandoned the Committee of the Whole form entirely.
Related Terms
Committee of the Whole — Chairman of Ways and Means — Chairman of Committees — Speaker of the House — Ways and Means — Committee of Supply — Parliamentary procedure — Standing committee — Select committee — Jefferson's Manual
OF THE WHOLE HOUSEmain
Rapalje & Lawrence • 1888
In the English House of Commons, this officer, always a member, is elected by the house on the assembling of every new parliament. When the house is in committee on bills introduced by the government, or in committee of ways and means, or supply, or in committee to consider preliminary resolutions, it is his duty to preside; he sits, not in the speaker's chair, but at the table in the seat of the clerk of the house. On divisions, when the numbers happen to be equal, he gives the casting vote (q. v.), but in committees he never otherwise votes. In August, 1853, it was, by a resolution of the house, decided that during the unavoidable absence of the speaker, this officer should preside in his stead, being only so appointed, however, from day to day. (See 18 and 19 Vict. c. 84.) In the House of Lords the chairman of committees of the whole house is elected by the house every session; he usually holds in addition the office of deputy speaker of the House of Lords. Dod. Parl. Comp. CHALDRON, CHALDERN, or CHALDER.-Twelve sacks of coals, each holding three bushels, weighing about a ton and a half. In Wales they reckon twelve barrels or pitchers a ton or chaldron, and 29 cwt. of 120 Ibs, to the ton.-Wharton. Bouvier says the chaldron equals in capacity "fifty-eight and twothirds cubic feet nearly."

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