Quarantines and Quorums

The Senate has its first confirmed case of the coronavirus. Rand Paul, R-Ky., announced over the weekend that he tested positive for the virus and is in self-quarantine. Two other senators, Mike Lee, R-Utah, and Mitt Romney, R-Utah, have also decided to self-quarantine as a precautionary measure. Both Lee and Romney interacted recently with Paul. Neither Lee nor Romney has exhibited coronavirus symptoms. Corey Gardner, R-Col., Lindsey Graham, R-S.C., Ted Cruz, R-Texas, and Rick Scott, R-Fla., have previously opted to self-quarantine after coming into contact with individuals who had the coronavirus.

Paul's announcement and his colleagues' decisions to self-quarantine raise the question: How many senators must be present for the Senate to do business?

The Constitution

The Constitution’s Qualifications and Quorum Clause (Article I, section 5, clause 1) stipulates that “…a Majority of each [chamber of Congress] shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.” The Rules and Expulsion Clause (Article I, section 5, clause 2), gives a Senate majority plenary power to determine the rules that govern its proceedings. The Senate has used this power to specify how it complies with the Constitution’s requirement in the Qualifications and Quorum clause that a majority of its members must be present to do business.

The Standing Rules of the Senate 

Rule VI of the Standing Rules of the Senate defines a quorum as consisting of “a majority of the Senators duly chosen and sworn” (typically 51). The rule also specifies that the Presiding Officer must immediately “direct the Secretary to call the roll” whenever a senator suggests that a quorum is not present. If the so-called quorum call reveals that a majority of senators is not present,

“a majority of the Senators present may direct the Sergeant at Arms to request, and, when necessary, to compel the attendance of the absent Senators, which order shall be determined without debate; and pending its execution, and until a quorum shall be present, no debate nor motion, except to adjourn, or to recess pursuant to a previous order entered by unanimous consent, shall be in order.”

Senate Precedents

 According to Riddick’s Senate Procedure, the Senate operates on a presumptive quorum until a quorum call reveals that a majority of its members are not present.  Specifically, Riddick's stipulates, “The Senate operates on the presumption that a quorum is present at all times, under all circumstances, unless the question to the contrary is raised, or the absence of a quorum is officially shown otherwise, or until a point of no quorum is made even though a voice vote is taken and announced in the meantime.” 

Operating on a presumptive quorum enables the Senate to pass legislation and confirm presidential nominations "even if only a few Senators are present." It does not limit senators' rights because "any Senator in attendance can suggest the absence of a quorum, which would stay any action by the Senate until a quorum is ascertained.” According to Senate precedent, “No debate nor business can be transacted in the absence of a quorum, nor during a quorum call, nor is debate in order after it has been determined and announced that a quorum is absent.”