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Discharge Petition (Constitution): A Key Mechanism in Legislative Action
Definition & Meaning
A discharge petition is a formal request made by members of the House of Representatives to bring a bill out of committee and onto the floor for debate and voting. This petition requires the signatures of an absolute majority of House members, which is currently 218 signatures. Discharge petitions are typically initiated when a committee delays action on a bill, preventing it from being discussed in the legislature. If successful, the discharge petition allows the bill to be considered without needing a report from the committee.
Table of content
Legal Use & context
Discharge petitions are primarily used in legislative contexts, particularly within the U.S. Congress. They are a tool for members of the House of Representatives to bypass committee inaction on important legislation. This process is significant in various legal areas, including civil rights, healthcare, and budgetary matters. Users may find templates for discharge petitions and related documents on platforms like US Legal Forms, which can help streamline the process of drafting and submitting these petitions.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(hypothetical example) A group of House members may initiate a discharge petition for a healthcare reform bill that has been stalled in committee for several months. By gathering the necessary signatures, they can force a vote on the bill, allowing the full House to debate its merits.
Comparison with related terms
Term
Definition
Key Differences
Discharge Petition
A request to bring a bill out of committee.
Requires majority signatures; specific to the House.
Committee Report
A document summarizing a committee's findings on a bill.
Committee reports are typically required for bills to proceed.
Motion to Reconsider
A request to revisit a bill that has already been voted on.
Can only be made after a vote; not related to committee action.
Common misunderstandings
What to do if this term applies to you
If you are a member of the House of Representatives and wish to initiate a discharge petition, gather the necessary signatures from your colleagues. Consider consulting resources like US Legal Forms for templates that can assist you in drafting the petition. If you are unsure about the process or need legal guidance, it may be beneficial to seek assistance from a legal professional.
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