	"Disorderly" Language in Senate Debate

Paragraphs 2 and 3 of Senate Rule XIX identify language that is considered to violate standards of decorum in debate. Such "disorderly" language includes directly or indirectly imputing to another Senator or Senators "any conduct or motive unworthy or unbecoming a Senator" (paragraph 2) and referrin g "offensively to any State of the Union" (paragraph 3). Rule XIX prohibits imputing conduct or motive "by any form of words" to a sitting Senator. The Senate has, from its earliest days, stressed the importance of decorum in debate and had a mechanism in its rules to sanction Senators who use disorderly language. The statements listed in Rule XIX are not considered to be a comprehensive recitation of language that may be considered disorderly and violate decorum in Senate debate. Procedures for Calling a Senator to Order

Paragraphs 4 and 5 of Rule XIX establish a parliamentary mechanism whereby a Senator who engages in the type of disorderly language described in the rule (discussed above) can be "called to order" by the presiding officer or by another Senator. In current practice, the Rule XIX call to order is rarely formally invoked. It is far more common for the presiding officer, acting on his or her own initiative, to issue a "warning" to a Senator who has violated standards of decorum in debate or to simply read the provisions of Rule XIX aloud as a general reminder to the Senate in cases where debate has become heated. Occasionally, however, a formal call to order is made. I demand that the words of the Senator from [STATE] be read aloud for the information of the Senate. If, on the other hand, the presiding officer, in response to a call to order from the floor, ruled that the speaking Senator had not violated Rule XIX, the speaking Senator would be allowed to proceed in order. The ruling of the presiding officer under Rule XIX that a Senator has used disorderly words in debate is subject to an appeal by any Senator, including by a Senator who has been directed to take his or her seat. If a Senator has been found to have violated decorum in debate under Rule XIX, his or her objectionable words may be stricken from the Congressional Record either by unanimous consent or by motion. Table 1 , below, outlines the evolution of the Senate's call to order rule from its inception in 1789 to the present. Formal Calls to Order

CRS conducted full-text searches of the Congressional Record and the Senate Journal using the Legislative Information System of the U.S. Congress (LIS) and the ProQuest Congressional database in order to identify instances in which a call to order under Senate Rule XIX had been formally invoked since June 14, 1962.
The Senate has, from the 1st Congress (1789-1790), valued the importance of decorum in debate and included a "call to order" mechanism in its rules to sanction Senators who use "disorderly" language. The rules adopted in 1789 contained such a call-to-order provision, and its language has been amended multiple times over the years. Table 1 of this report details the historical evolution of the rule. The present form of the Senate's call-to-order provision was adopted on June 14, 1962.
Senate Rule XIX identifies specific language that is considered disorderly. This includes language directly or indirectly imputing to another Senator or Senators "any conduct or motive unworthy or unbecoming a Senator" (paragraph 2) and referring "offensively to any State of the Union" (paragraph 3). Rule XIX prohibits imputing conduct or motive "by any form of words" to a sitting Senator, which includes not just original words spoken in debate but quotes, news articles, and other materials. The statements in paragraphs 2 and 3 are not considered to be a comprehensive recitation of language that may violate decorum in Senate debate. Although precedents on the subject are mixed, Senators have at times also been called to order for making disparaging references in debate to the House of Representatives or its Members.
Paragraphs 4 and 5 of Rule XIX establish a parliamentary mechanism whereby a Senator who engages in the type of disorderly language described in the rule can be "called to order" by the presiding officer or by another Senator. This call to order is rarely formally invoked in the modern Senate. Table 2 of this report lists instances in which the rule has been invoked since 1962. It is far more common for the presiding officer, acting on his or her own initiative, to issue a "warning" to a Senator who has violated standards of decorum in debate or to read the provisions of Rule XIX aloud as a general reminder to the Senate in cases where debate has become heated.
If a formal call to order is made, however, any Senator may demand that the allegedly disorderly words be read aloud for the benefit of the Senate. Should the chair then rule that the speaking Senator's words have violated Rule XIX, the sanctioned Senator must take his or her seat. The chair's ruling in this regard is subject to an appeal to the full body. A Senator sanctioned under the rule in this manner is barred from participating in further debate on the pending matter unless the Senate, by unanimous consent or by nondebatable motion, permits him or her to proceed in order. Disorderly words used in Senate debate can be stricken from the Congressional Record by unanimous consent or by motion.