Agenda Control, Majority Party Power, and the House Committee on Rules, 1937–52
Eric Schickler and Kathryn Pearson
Appendix A: Conservative Initiatives brought to the House floor by the Rules Committee, 1937-52
Bills
S.1871
Hatch Act (76th)
H.R.5435
Amends the Fair Labor
Standards Act of 1938
(76th)
H.R.6324
Walter Logan bill providing
for judicial review federal
agency decisions (76th)
H.R.9195
Amends the National
Labor Relations Act (76th)
Administration
Opposed?
Rules Chairman
Opposed
(Sabath)?
Yes
Yes
Majority Leader
Opposed
(Rayburn, 19399/15/40;
McCormack, after
9/15/40)?
No
Conservative
Coalition Vote?
Northern
Democratic
Roll?
Democratic
Roll?
Category
(1=regular
order;
2=substitute;
3=must-pass)
Yes
Yes
Yes
1
When the Hatch Act was considered in 1939, the rule passed on a 175-6 division vote but the bill passed with conservative coalition
support 241-134, including 157 Republicans and 52 Southern Democrats (SDs).
Yes
Yes
Yes
Yes
Yes
Yes
2
(rule and Barden
substitute)
The rule, as amended by Cox, passes 233-141. The rule made in order the Barden substitute, which was opposed by Northern
Democrats (NDs).
Yes
Yes
No
Yes
Yes
No
1
The rule passes by a voice vote. The liberal Democratic motion to recommit, proposed by Celler, fails 106-272, and the bill passes 28296. A majority of NDs support the motion to recommit and oppose the bill. The President’s veto is sustained (153-127).
Yes
(to substitute made
in order by Rules)
Yes
Yes
Yes
Yes
No
2
The rule made in order a substitute, H.R. 8813, introduced by Smith (D-VA), that was not reported by the Labor Committee. The rule
passes 292-106, with NDs opposed 91-39, and the bill was approved 258-129, with NDs opposed 93-35.
H.R.4139
Anti-strike bill (77th)
S.1524
Draft age reduction and
authorize plant seizures in
strikes (77th)
Yes
Yes
Yes
Yes
Yes
No
2
The Smith substitute was approved on vote that was a narrow Democratic roll. The Rules Committee voted 6-5 to report the bill, although
the rule passed on a voice vote on the House floor. Cox had threatened to stop other legislation if it did not reach the floor. It narrowly
misses being a roll on final passage (Democrats vote 128-108 in support, but NDs vote 25-101. SDs vote 103-7; GOP 123-24).
Yes—
to the version
brought to floor;
FDR signed the
amended version
Yes
(to the version
brought to floor)
No
Yes
(on rule)
Yes
(on rule)
No
1
Conservative coalition (CC) brought the bill out of Rules. The vote on rule was a CC vote, with NDs 28-97. Floor amendments dropped
the anti-labor provisions—with GOP joining NDs to do so with SDs very opposed. All three groups supported final passage.
Legislative Studies Quarterly, Volume XXXIV, 4, November 2009
1
Bills
Administration
Opposed?
Rules Chairman
Opposed?
H.R.1780
Debt limit increase (rider
to repeal salary cap) (78th)
Yes
Yes
Yes
(to killing NYA)
Yes
(to killing NYA)
H.R.2935
Labor appropriations bill—
includes rider killing
National Youth
Administration (78th)
H.R.1698
Steagall farm parity bill
(78th)
H.R.653
Hobbs anti-labor
racketeering bill (78th)
H.R.1408
Pace farm parity bill
(include labor costs) (78th)
H.R.3477
Commodity Credit
Corporation Continuation
(includes subsidy ban)
(78th)
S.796
Smith-Connally anti-strike
bill (78th)
H.R.2241
Reverse FDR order
making Jackson Hole a
national monument (78th)
Majority Leader
Opposed?
Conservative
Coalition Vote?
Northern
Dem Roll?
Democratic
Roll?
Category
No vote
No
Yes
Yes
3
(but opposed rider
(on bill)
in floor speech)
A must-pass bill. While not a CC vote, 49% of southerners voted for it (providing GOP with margin of victory), as compared to 34% of
NDs.
Yes
(to killing NYA)
No
Yes
Yes
3
(on NYA
issue)
A must-pass bill. The House Appropriations Committee voted 17-16 to kill NYA. Rules refused to force a recorded vote on NYA at floor
stage to try to save NYA. The test vote at the conference stage was a Democratic defeat (197-176), with NDs voting 72-8 to save NYA
and SDs 77-29 to save it. Killing NYA is a change in status quo policy, though not subject to a direct passage vote (due to use of
appropriations process).
Yes
Yes
No vote
1
The bill passed 149-40 on division. No roll call votes on the floor. The bill is an anti-administration initiative that jeopardized price
controls and repealed an administrative order.
Yes
Yes
No
Yes
Yes
No
1
NDs opposed it 64-19; SDs favored it 96-6. The GOP voted 154-34 in favor. Rules had killed it in 1942 due to labor opposition.
Yes
Yes
Not ascertained
1
The bill and resolution passed on voice votes, overruling an administrative order. This was more controversial than the voice votes
suggest, but farm members supported in addition to conservatives.
Yes
Yes
Yes
Yes
Yes
Yes
3
A must-pass bill to continue the CCC. The rule passed on a voice vote, but Rules had refused a separate recorded vote on keeping
consumer subsidies. The subsidy vote also was a roll in legislative committee.
Yes
Yes
Yes
Yes
Yes
No
1
(on bill; voted for
(on both rule and
rule)
bill)
The votes on the rule and on the bill were CC wins but not rolls (narrow Dem. majority supported). Smith (VA) maneuvered with
Republicans to block a direct vote on the Ramspeck alternative.
Yes
Yes
Yes
No
Yes
Yes
1
The rule passed on a division vote, but the bill was a Democratic roll. Though not a CC vote, more SD defectors than NDs (NDs voted
46-8 against; SDs voted 51-28 against; GOP 139-10 in favor).
Legislative Studies Quarterly, Volume XXXIV, 4, November 2009
2
Bills
H.R.3270
Insurance Antitrust
Exemption (78th)
Administration
Rules Chairman
Majority Leader
Conservative
Northern
Democratic
Category
Coalition Vote?
Opposed?
Opposed?
Opposed?
Dem Roll?
Roll?
Yes (though low
Yes
No
Yes
Yes
No
1
profile initially)
Rules Committee members Sabath, Clark, and Delaney vote against final passage on the floor. Committee members Cox, Smith, Fish,
Michener, and Halleck backed the bill. (Sabath did vote for the rule).
H.R.2985
Garnishing federal
workers’ wages (debtors)
(78th)
Yes
No vote
Yes
Yes
No
1
(floor statement)
Close to a Democratic roll (72-65 in favor) but only a mild instance of conservative coalition (regional split was small). The rule passed on
voice vote.
H.R.5564
Social Security Tax rate
freeze (78th)
Yes
Yes
Yes
Yes
Yes
No
1
The rule only allowed amendments relating to the tax rate for 1945—it did not allow any Democratic-supported amendments proposing
new benefits. Big regional cleavage among Democrats; GOP voted 165-6 for it; Dems 96-63 in favor). Sabath, Delaney, Bates opposed.
The rule was approved on voice vote.
Yes
Yes
Yes
Yes
Yes
No
1
(on rule)
(on rule)
H.R.32
Anti-strike and
racketeering bill (79th)
H.R.3633
Cut taxes on business and
other provisions to
encourage reconversion,
including aid to railroads
(79th)
H.R.3937
Repeal War Labor
Disputes Act and Abolish
National War Labor Board
(79th)
Yes
The rule was approved, 259-108, with Rules Democrats Sabath, Delaney, Bates opposed, along with McCormack. The bill passes on
voice vote. SDs Cox and Smith forced action in Rules over Sabath’s objections. (Democrats vote for the rule, 113-93).
Yes
Yes
Yes
(on rule)
Yes
(rule and bill)
Yes
(rule and bill)
Yes
2
(rule, not
bill)
The rule waived points of order against conservative Robertson’s amendment to the bill; most Democrats thus opposed rule. Ways and
Means Chair Doughton complains that Rules shielded Robertson’s amendment from a point of order while not shielding a Democraticbacked amendment. Indeed, there were two controversial issues in Ways and Means. Democrats won one issue in Ways and Means
and lost one issue; Rules allowed an amendment to revisit the Ways and Means decision that had favored the Democrats, while blocking
any amendments to the Ways and Means decision that had favored the GOP. Final passage vote narrowly misses being a roll of Dems
(107-85), but NDs strongly opposed and GOP votes 139-4 for passage.
Yes
Yes
Yes
Yes
No
No
1
A conservative bill reported by Rules, but the rule was defeated on floor due to a GOP split. Democrats voted 117-96 against the rule
(NDs 10-99, SD 86-18), GOP just 86-81 in favor. Bates, Delaney, Sabath opposed rule, as did McCormack.
Legislative Studies Quarterly, Volume XXXIV, 4, November 2009
3
Bills
H.R.4407
Reduce certain
appropriations and
contract authorizations for
FY 1946. Includes
provision to return US
Employment Service to
states (79th)
H.R.4437
Return public employment
offices to state control
after war (79th)
H.R.4873
Create consolidated
agricultural credit agency
(79th)
H.R.4908
Case anti-strike bill
(precursor of Taft-Hartley)
(79th)
Administration
Opposed?
Yes
Rules Chairman
Opposed?
Yes
Majority Leader
Opposed?
No
Conservative
Coalition Vote?
Yes
(on rule)
Northern
Dem Roll?
Yes
(on rule)
Democratic
Roll?
No
Category
3
The rule is approved on a CC vote, but Dems narrowly support (93-74). NDs oppose rule, 17-66; SDs vote 76-8 in favor; GOP138-3.
Delaney and Bates vote against rule. Rule vote focused on the waiver of a point of order against USES provision. Bill passes on voice
but is pocket vetoed. Truman had proposed initial plan to withdraw appropriations for war programs that were no longer needed due to
the end of hostilities. There was a consensus on the goal of a massive recission, but at the last minute, Republican Dirksen added a rider
in HAC to return the US Employment Services to the states immediately rather than abiding by Truman’s preference to keep the program
in federal hands for a long transition period. The amendment passed 23-12 in HAC. The Rules Committee protected the rider by waiving
points of order against legislation in the bill (otherwise, the rider could have been taken out on a floor point of order). Liberals sought to
defeat the rule but failed. Majority leader McCormack sponsored an amendment to drop the Dirksen amendment and replace it with a
more gradual USES transition; it failed on a teller vote, 162-101. There was no roll call on the amendment (because it was defeated in
Committee of the Whole). News accounts suggest that about 30 Democrats voted with the GOP to beat the McCormack amendment
(suggesting a clear majority of Democrats voted with McCormack but were defeated). Whip Ramspeck spoke for the McCormack
amendment, as did several northern Democrats. The AFL and CIO both opposed the Dirksen rider. Truman complained about the
legislative rider and pocket vetoed the bill despite favoring the recission. A Senate roll call on an amendment to drop the Dirksen rider
showed a clear majority of Senate Democrats backed the leadership’s opposition to the rider, but they were defeated on a 35-31 vote.
Yes
Yes
Yes
Yes
Yes
Yes
1
The rule passes on a voice vote. The bill passes on a Democratic roll and CC vote (NDs 16-89; SD 80-20; GOP 166-3). Sabath,
Delaney, and Bates vote no.
Yes
Yes
(see comments)
Yes
Yes
Yes
No
1
(paired against
passage)
The rule passes on a voice vote. Dems vote just 87-77 for passage (ND 36-41; SD 51-36; GOP 152-2). Sabath is critical on the floor but
he does not vote.
Yes
Yes
Yes
Yes
Yes
Yes
2
(rule and bill)
(rule and bill)
(rule and bill)
(on bill)
Democrats vote narrowly for rule (107-96) but are rolled on final passage vote. The rule waived points or order against Case substitute
bill, which had not gone through committee (it was an anti-labor substitute for the Labor committee bill). Sabath, Delaney, and Bates (and
McCormack) oppose both the bill and rule. Very widely covered bill in 1946.
Legislative Studies Quarterly, Volume XXXIV, 4, November 2009
4
Bills
H.J. Res.106
Force Selective Service to
abide by Tydings
amendment on farm
deferments (79th)
H.Res.133
Repeal of 21 Day Rule
(81st)
H.R. 5345
Amending the Agricultural
Adjustment Act (81st)
H.R. 3880
Independent Offices
Appropriations bill for
FY1952 (82nd)
Administration
Opposed?
Yes
Rules Chairman
Opposed?
Yes
Majority Leader
Conservative
Northern
Democratic
Category
Coalition Vote?
Opposed?
Dem Roll?
Roll?
Not ascertained but
1
voted to sustain
veto
Initial passage was on voice vote, but Sabath opposed it in Rules and those advocating passage were mainly Republicans and Southern
Democrats—advocates included Rules members Smith, Halleck, Michener, and Brown. Several liberal / administration Democrats spoke
against it on floor but did not force a roll call (likely since knew it would pass). On veto override vote, Republicans voted 155-12 to
override, Democrats voted 164-30 against override, with NDs opposed 7-90 and SDs opposed 23-74.
Yes
Yes
Yes
Yes
No
No
1
Cox sponsored the resolution, and Rules reported it with support from four Republicans and three Democrats over Sabath’s strong
objection. It failed on the Floor 183-236, Republicans voted 98-64, Southern Democrats voted 83-31, and Northern Democrats voted 2139.
Yes
Yes
Yes
Yes
Yes
Yes
2
The rule waives points of order against a substitute, HR 5617, sponsored by Gore and supported by Southern Democrats and
Republicans. The rule passed by voice vote, and the bill passed 239-170, with support from 160 Republicans, 71 Southern Democrats,
and 8 Northern Democrats.
Yes
Yes
Yes
Yes
Yes
Yes
3
(rule)
(rule)
(rule)
(rule)
(rule)
(rule)
HAC reported appropriations bill that cut spending and included new legislation, particularly targeting public housing and other, earlier
housing program authorizations. Rules granted waiver of points of order against the new legislation, over the objections of Sabath and
the Democratic leadership. Democrats were rolled on the rules vote. The must-pass bill was approved on a voice vote (but Democrats
were opposed to the new legislation inserted by HAC). The Rules Democrats split 4-4 on the floor vote on the rule (along sectional lines);
all four Rules Republicans voted for the rule. Floor later approved even further spending cuts; administration Democrats sought to
adjourn to delay votes, but GOP defeated move to adjourn.
Legislative Studies Quarterly, Volume XXXIV, 4, November 2009
5
Bills
H.J.R. 278
Temporary extension of
Defense Production Act
(price controls) (82nd)
H.R. 4484
Submerged Lands Act
(82nd)
H.R. 7072
Independent Offices
Appropriations bill for FY
1953 (82nd)
H.R. 7888
Create joint budget
committee with
investigative staff to
scrutinize spending (82nd)
H.R. 314
Create hospital for African
American Veterans (82nd)
Administration
Opposed?
No (but opposed
amendment that
rule allowed)
Rules Chairman
Opposed?
No (but opposed
amendment that
rule allowed)
Majority Leader
Opposed?
No (but opposed
amendment that
rule allowed)
Conservative
Northern
Democratic
Category
Coalition Vote?
Dem Roll?
Roll?
Yes—on the
Yes—on the Yes—on the
3
amendment
amendment
amend.
allowed in by the
allowed in by
allowed in
rule
the rule
by the rule
Must-pass bill to keep price and wage controls in place for 30 days. Banking reported bill to keep controls in place. Rules voted a
“modified closed rule” (as Sabath described it) allowing only Banking committee amendments and one other amendment listed in the rule,
which was the Cooley (D-NC) amendment banning any price rollbacks or new ceilings during the 30 days. This would block rollbacks
that price controllers had already approved and planned to go into effect. The vote in Rules to allow in the amendment was 6-5, with
Sabath and four other Democrats opposed; three Democrats joined three Republicans to approve the unusual rule. Sabath objected to
the rule’s provisions on the floor but did not seek to defeat it because the bill was must-pass legislation and time was extremely short.
The Cooley amendment was approved on a conservative coalition vote and Democratic roll.
Yes
Yes (rule and bill)
Yes (bill)
Yes (rule and bill)
Yes (rule
No (rule and
1
and bill)
bill)
States-rights Tidelands Oil bill would give states control over oil-rich submerged lands. Court had given US government control. One
complication is Sam Rayburn favored the bill (which would help Texas). Northern Democrats opposed strongly (21-80 on passage), but
SDs backed by 90-9 margin and Republicans 155-18. Rules Democrats split 4-4 on rule and bill (on floor). HST threatened veto, but bill
died in Senate.
Yes
Yes
Yes
Yes
Yes
Yes
3
(rule)
(rule)
(rule)
(rule)
(rule)
(rule)
HAC reported bill that included legislation curtailing housing programs (e.g. reduced number of public housing units authorized not just for
FY 1953 but for subsequent years, thus changing National Housing Act of 1949) and curtailing annual leave for federal workers. Rules
issued waiver of points of order so that the new legislation would be protected on the floor. Sabath fought rule in Committee and on floor.
Democrats rolled on rules vote (103-85 against, with NDs opposed, 8-82). Must-pass bill passed on voice vote but most Democrats
appear to have opposed the new legislation in the bill.
Not ascertained
Yes
Yes
No (but sharp NDNo
No
1
SD split)
Colmer bill is part of drive against spending. Rule bringing it up fails, 174-154. Leadership strongly opposed bill, but reported from Rules.
Defeated bill on floor because Republicans voted against, 78-77 (Democrats voted against, 95-77, but SDs favored it 64-12). Rules
Democrats voted against on floor, 4-3; Rules Republicans voted 2-1 in favor on floor.
Yes
Yes
Yes
No
No
No
1
A southern Democratic initiative to reinforce segregation. Rule passed on voice vote; bill killed by striking enacting clause. Republicans
join Northern Democrats to kill the bill. But most Democrats opposed this southern conservative initiative, which reached floor and would
have passed had GOP voted for it. Note that the Rules Democrats split 4-4 on the floor, along sectional lines.
Legislative Studies Quarterly, Volume XXXIV, 4, November 2009
6
Appendix B. Conservative Investigations Approved by the Rules Committee, 1937-52
Resolution
H.Res 162
Dies investigation of sitdown strikes (75th)
H. Res. 258
Smith Investigation of NLRB
(76th)
H. Res. 130
Woodrum investigation of
WPA
H.Res.420
Extend HUAC 1942 vote
(77th)
H.Res.102
Smith Executive Agencies
investigation (78th)
H.Res.65
Extend HUAC (78th)
H.Res.281
Authorize Public Lands
invest-igation of federal govt.
taking land from states and
counties (78th)
Administration
Opposed?
Rules Chairman
Opposed
(O’Connor /
Sabath)?
Majority Leader
Conservative
Northern
Dem. Roll?
Coalition Vote? Dem. Roll?
Opposed
(Rayburn 19379/15/40;
McCormack after
9/15/40)?
Yes
No
No
No
No
No
The previous question failed by a vote of 150-236. Republicans voted 73-9 in favor; Southern Democrats were nearly
evenly split (48-52), while NDs voted against, 29-164. Only one member of the Rules Committee voted against the
Dies resolution (Sabath), surprising the administration (which had expected greater loyalty from Rules).
Yes
Yes
Yes
Yes
Yes
Yes
Rules approved on 7-4 vote with mainstream Democrats opposed. Majority of Democrats voted against both
previous question and passage. Southern Democrats voted 79-19 to pass; Northern Democrats opposed 104-24.
Republicans backed investigation, 151-9.
Yes
Yes
No (but evidently
No
No
No
opposed in earlier
stages)
Rules approved on 7-4 vote with all four nays from Democrats. However, Democratic leaders dropped their
opposition after Rules approved it, seeing that it had the votes to pass on the floor. Part of larger fight over WPA
appropriations in which most Democrats opposed cuts sought by the conservative coalition. The investigation’s
authors sought to undermine the WPA’s image.
Yes
Yes
No
No
No
No
Not a CC vote, but NDs registered 40 of the 46 nay votes, and likely more privately opposed it. Delaney (a Rules
liberal) also voted nay.
Yes
Yes
No vote
Yes
Yes
No
A conservative initiative (Smith consulted with GOP leaders in framing it).
Yes
Yes
No
Yes
Yes
No
Sabath claimed it would lose if considered by a secret ballot vote. Rules Democrats Delaney and Clark also
opposed.
Yes
Yes
No vote
Approved by a voice vote on the floor, but Rules approved it 6-5, with backing from Republicans Fish and Michener,
and conservative Democrats Cox and Dies. Sabath and Nichols opposed (could not ascertain rest, but suggests
CC). Led to conservative legislative proposals that later reached floor.
Legislative Studies Quarterly, Volume XXXIV, 4, November 2009
7
Resolution
H.Res.521
Investigate FDR seizure of
Montgomery Ward (78th)
Administration
Rules Chairman
Majority Leader
Conservative
Northern
Dem.
Coalition Vote?
Dem. Roll?
Opposed?
Opposed?
Opposed?
Roll?
Yes
Yes
Yes
Yes
Yes
No
Sabath opposed it in Committee and tried to delay bringing to floor. He voted yes on the floor, apparently so he could
manage the rule. Sabath, Clark, and Delaney fought it in Rules.
H. Con. Res. 29
Investigate Selective Service
failure to implement farm
draft deferments (79th)
Yes
Yes
Not Ascertained
No roll
call
Sabath and administration strongly opposed. Times reported that passed “largely through Republican support and
while a good part of the Democratic side of the aisle was unoccupied” (vote was a 122-33 division). Republicans and
several southern Democrats backed it on floor. Clear that attacking administration. Died in Senate.
H. Res. 532
Investigate Wage
Stabilization Board (82nd)
Yes
Yes
Yes
Yes
Yes
No
Allen (R-IL) proposal to investigate Wage Stabilization Board due to its pro-labor decisions. Northern Democrats
charged it is “hatchet job” against labor; Allen admitted on floor that goal is to promote legislation that weakens the
Board. Rules voted 7-4 for the resolution in Committee; do not have internal tally, but in floor vote, Rules Dems.
voted 4-3 against, while all four Rules Repubs voted in favor (thus, likely that Rules vote was a Democratic roll). NDs
voted 78-10 against, but narrow majority of Democrats voted for resolution (87-83).
H. Res. 561
Select Committee to
investigate tax exempt
foundations (82nd)
Yes
Yes
Yes
Yes
Yes
No
Cox sponsored resolution targeting foundations for supporting un-American activities (and challenging their tax
exemption). NDs vote 78-8 against; slim majority of Democrats vote in favor (94-88). Rules Democrats split 4-4 on
floor (along sectional lines); all four Rules Republicans vote in favor.
Legislative Studies Quarterly, Volume XXXIV, 4, November 2009
No roll call
No roll call
8