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Motion Conflicting with Constitution


Guest George

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RONR p106 line 20-25 states that 'No main motion is in order if it conflicts with the constitution...' If a member tries to indeed make a motion that conflicts with our constitution and consequently is ruled out of order, can he appeal (with a seconder)? Can we actually be forced to vote on the ruling of the chair? How would the chair proceed?

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If a member tries to indeed make a motion that conflicts with our constitution and consequently is ruled out of order, can he appeal (with a seconder)?

Yes.

Can we actually be forced to vote on the ruling of the chair?

Yes.

How would the chair proceed?

If a motion to Appeal from the decision of the chair is made and seconded, the chair would state the question as "Shall the decision of the chair be sustained?" This would be followed by a debate, for which the rules are slightly modified. The chair gets to speak twice (first and last), and all other members may speak only once. After debate is completed, the chair puts the question. Members who support the chair's ruling should vote Aye and those who disagree with the chair's ruling should vote No. A majority vote in the negative is required to overturn the chair's ruling. If the assembly is unfamiliar with the process for an Appeal, the chair should make sure everyone is clear on this.

Of course, the substance of the debate and for the voting should be focused not on the merits of the original motion, but on whether the chair's ruling is correct. That is, members should attempt to interpret whether the motion conflicts with the Constitution.

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RONR p106 line 20-25 states that 'No main motion is in order if it conflicts with the constitution...' If a member tries to indeed make a motion that conflicts with our constitution and consequently is ruled out of order, can he appeal (with a seconder)? Can we actually be forced to vote on the ruling of the chair? How would the chair proceed?

Hopefully the members will sustain the ruling of the chair. Unless the chair is mistaken. The bottom line is that your constitution means what your members say it means.

People are still arguing (and killing each other) over the Ten Commandments.

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