Dilatory Tactic
Motion (parliamentary procedure) - Wikipedia
Dilatory tactics and motions
Dilatory tactics or motions are those tactics used to delay or obstruct business, annoy the deliberative assembly, or, in legislative procedure, to delay consideration of a subject.
Unlike using motions for strategic purposes, using them for dilatory purposes is not allowed.
Reasonableness is often used as a criterion in deciding whether a motion is dilatory.
Some types of motions are suitable only for specific circumstances, and their use is otherwise absurd and dilatory.
For instance, a motion to refer (commit) a resolution to a committee is dilatory if its object would be defeated by the delay in taking action.[48]
A motion to appeal the ruling of the chair is dilatory if there cannot possibly be two reasonable opinions about the ruling.[49]
Likewise, a motion for a division of the assembly is dilatory if the results of the voice vote are already clear to any reasonable person.[50]
The repetitive use of privileged motions can also be dilatory, such as repeatedly moving to adjourn when it has been voted down and nothing indicates that the assembly wants to end the meeting.[51]
A presiding officer has a duty to protect the assembly from the abuse of parliamentary processes for dilatory purposes.[52]
The chair can rule the motions out of order or refuse to recognize the member, but the maker of the motion should be given the benefit of the doubt.[52]
In legislative bodies, dilatory motions can take the form of demanding quorum calls and votes at every opportunity.
Another dilatory tactic is for members to not answer when their name is called during the quorum roll call.
The problem of dilatory tactics in such bodies dates back to the beginnings of parliamentary procedure in England and the United States.
Jefferson's Manual, for instance, only requires the Speaker to direct a bill to be read upon the desire of any member "if the request is really for information and not for delay."[53]
In the US Senate, there are no formal rules against dilatory tactics except under cloture.[54]
Between 1831 and 1900, dilatory votes to adjourn composed more than 10 percent of all Senate votes, and successfully delayed recognition of Louisiana's Reconstruction government until 1868.[55]
According to Sarah Binder, in the 46th United States Congress, motions to adjourn consumed 23 percent of all floor votes.[56]
Speaker Thomas Brackett Reed famously took countermeasures against dilatory tactics, such as ruling dilatory motions out of order, and was sustained by the house.
Some legislatures impose quotas on dilatory motions.
For instance, the Nova Scotia House of Assembly imposes a maximum of one motion to hoist, one motion to refer to a committee, and one reasoned amendment per reading.[57]
The Rules of the U.S. Congress as revised in 1911 declare that no dilatory motion shall be entertained by the Speaker.
The term "dilatory motion" does not always refer to an ill-intentioned motion.
In Canada, "dilatory" motions refer to those "designed to dispose of the original question before the House either for the time being or permanently," and includes, for instance, motions to proceed to the orders of the day; postpone definitely; adjourn; and so on.[26]
Jeremy Bentham held that such types of dilatory motions are useful, stating, "Precipitation may arise from two causes: from ignorance, when a judgment is formed without the collection of all the information required—from passion, when there is not the necessary calm for considering the question in all its aspects."[58]