On the recordMay 15, 2020
I include in the Record two articles from distinguished constitutional scholars at the Congressional Institute that do raise questions about the constitutionality of the proposed rules changes. [From congressionalinstitute.org, May 13, 2020] The Quorum, the Constitutional Convention, and the Coronavirus: Some Questions The coronavirus pandemic has led some to call on Congress to continue its operations while Members are dispersed throughout the country. H. Res. 965 authorizes the Speaker to allow Members to vote by proxy when the Sergeant-at-Arms notifies her that there is a public health emergency due to the coronavirus. Conceivably, this means that a only minority of the Members will be present in the Chamber when conducting business. On the face of it, that would violate Article I, Section 5, of the Constitution, which requires a majority of Members to do business. To get insulate the votes against constitutional challenges, H. Res. 965 stipulates that proxy votes would count towards a quorum. This, however, would still seem to violate the intent of the Framers of the U.S. Constitution. What does the Constitution say about quorums in Congress? Article I, Section 5, of the U.S.…





