Legislative Use
In legislative bodies, the motion to rescind is used for much the same purpose as the motion to reconsider; many court decisions treat the two motions as one motion. However, in legislative contexts, it is not the same as a motion to repeal. The difference between rescind and reconsider is that the motion to rescind is ordinarily applied to actions that have been taken and are already in effect. It has been described as being in the nature of a motion to amend by striking out the entire proposal and leaving nothing remaining. It is not in order when the question can be reached by a motion to reconsider. Once legislation has been actually enacted, it is too late to rescind. The vote required to rescind is the same as would be required to repeal the act which it sought to rescind (usually a majority).
Read more about this topic: Rescind Or Amend Something Previously Adopted
Famous quotes containing the word legislative:
“The dignity and stability of government in all its branches, the morals of the people, and every blessing of society, depend so much upon an upright and skilful administration of justice, that the judicial power ought to be distinct from both the legislative and executive, and independent upon both, that so it may be a check upon both, as both should be checks upon that.”
—Thomas Jefferson (1743–1826)
“However much we may differ in the choice of the measures which should guide the administration of the government, there can be but little doubt in the minds of those who are really friendly to the republican features of our system that one of its most important securities consists in the separation of the legislative and executive powers at the same time that each is acknowledged to be supreme, in the will of the people constitutionally expressed.”
—Andrew Jackson (1767–1845)