H.Res. 1336 explained · 119th Congress · Pending in Congress
Waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules.
Cosponsors: none · per Congress.gov, 2026-10-08
Introduced: 2026-06-03
Latest action (2026-06-04): Motion to reconsider laid on the table Agreed to without objection.
What H.Res. 1336 does, in plain terms
This resolution provides for the House of Representatives to consider on the same day without a two-thirds vote any resolution reported by the Committee on Rules through the legislative day of June 5, 2026, relating to a measure providing for reconciliation pursuant to title II of S.Con.Res.33. Specifically, the resolution waives a House Rule requiring a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-08
SI-generated grade · five published checks · not individually reviewed by a person · methodology
House Resolution 1336 is an internal procedural waiver allowing same-day consideration of specified Rules Committee reports. Under Article I, Section 5, Clause 2 each House may set its own rules. It restricts no rights, takes no property, denies no process, and consolidates no substantive power, so it is fully constitutional.
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✓ Passes · Enumerated powers
The House has explicit authority to determine its own internal rules and order of business under Article I, Section 5, Clause 2, which provides that Each House may determine the Rules of its Proceedings. Waiving clause 6(a) of Rule XIII for specified reconciliation-related resolutions through a stated legislative day is a direct exercise of that rulemaking power, not an exercise of unenumerated su… -
✓ Passes · Bill of Rights
No provision of the first ten Amendments is implicated. The resolution does not restrict speech, religion, press, assembly under the First Amendment, does not affect arms under the Second Amendment, and authorizes no search, seizure, or surveillance under the Fourth Amendment. It creates no criminal liability or penalty implicating the Fifth, Sixth, Seventh, or Eighth Amendments, and reserves no p… -
✓ Passes · Individual sovereignty
The resolution restricts no personal conduct, property use, labor, belief, or expression. It changes only the voting threshold for same-day House consideration of Rules Committee reports. No individual liberty interest requires government justification here because no individual freedom is burdened, so the burden analysis under the Ninth Amendment and liberty principles is satisfied. -
✓ Passes · Decentralization
The four-question test does not favor lower-level handling because the subject is internal House procedure, which by design cannot be handled at a lower level. (1) Individuals cannot set House floor procedure. (2) Local communities cannot set House procedure. (3) States cannot set House procedure. (4) The action does not consolidate substantive policy power upward to the federal level; it only gov… -
✓ Passes · Due process and takings
No person is deprived of life, liberty, or property under the Fifth Amendment Due Process Clause. No property is taken for public use, so no just compensation analysis is required. The waiver of a two-thirds same-day consideration requirement is a legislative procedural rule, not an adjudication, and provides fair notice through the published resolution and recorded House vote.
Sources: Congress.gov: HRES 1336 summary
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The Framers
“Founders’ Verdict”
Confidence 0.75
Archived SI output (machine-generated)No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.
Synthesis
The House has constitutional authority under Article I, Section 5, Clause 2 to waive its own rules by simple majority, including a two-thirds requirement for same-day consideration of Committee on Rules reports. However, this waiver is permissible only if it does not violate other constitutional provisions—specifically, it must not suppress the right of one-fifth of Members to demand a recorded vote (Article I, Section 5, Clause 3), evade bicameralism and presentment (Article I, Section 7), or be used to enact a reconciliation bill that exceeds enumerated powers or infringes on fundamental rights (Ninth and Tenth Amendments).
This resolution is a procedural measure by which the House of Representatives exercises its constitutional authority to determine its own rules of proceeding. Article I, Section 5, Clause 2 expressly provides that 'Each House may determine the Rules of its Proceedings.' The waiver of a two-thirds vote requirement for same-day consideration of a Committee on Rules report is a modification of an internal rule, not a suspension of any constitutional mandate. The Constitution does not prescribe any supermajority for the adoption of such procedural waivers; therefore, a simple majority suffices. Th…
This resolution is a purely internal rule of the House of Representatives concerning its own procedure for considering certain measures. The Constitution grants each House the power to determine its own rules of proceedings (Article I, Section 5, Clause 2). However, I must consider whether waiving the requirement for a two-thirds vote effectively evades quorum and voting safeguards intended to prevent hasty or poorly considered legislation, which could undermine the rights of the minority and the deliberative character of the legislature. A two-thirds vote for same-day consideration is a prote…
The Constitution grants each House the power to determine its own rules of proceedings (Article I, Section 5, Clause 2). A resolution waiving a House rule for a limited period is generally within that authority. However, the waiver must not undermine the constitutional requirement that each House keep a journal and that the yeas and nays be entered at the desire of one-fifth of those present (Article I, Section 5, Clause 3). If the waiver effectively prevents a recorded vote on a matter that one-fifth of Members demand, it would violate that clause. Additionally, the waiver must not be used to…
The resolution purports to waive a House Rule requiring a two-thirds vote for same-day consideration of Committee on Rules reports. The Constitution vests each House with the power to determine the rules of its proceedings under Article I, Section 5, Clause 2. This power is broad and generally includes the authority to adopt, amend, or waive rules by simple majority, unless the Constitution itself imposes a supermajority requirement. Here, no constitutional provision mandates a two-thirds vote for this particular procedural step; the Rule exists solely as an internal House rule. Therefore, a s…
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