United States v. Ballin

United States v. Ballin
Supreme Court of the United States
Argued December 2, 1891 Decided February 29, 1892
Full case name	United States v. Ballin, Joseph & Co.
Citations	144 U.S. 1 (more) 12 S. Ct. 507; 36 L. Ed. 321; 1892 U.S. LEXIS 2047
Prior history	Collector of New York classified certain imported worsteds as manufactures of wool and assessed duty under 22 Stat. 508 488, 508, c.121; upheld, Board of General Appraisers; reversed, Circuit Court, Southern District of New York (45 F 170 (CCSDNY 1891)).
Holding
When quorum is present, votes of majority of quorum are sufficient to pass bill.
Court membership
Case opinions
Majority	Brewer, joined by unanimous
Laws applied
U.S. Const. Art. I, §5

United States v. Ballin, 144 U.S. 1 (1892) is a decision issued on February 29, 1892 by the United States Supreme Court, discussing the constitutional definition of "a quorum to do business" in Congress. Justice David Josiah Brewer delivered the opinion of the unanimous Court, analyzing the constitutional limitations for the United States Senate and United States House of Representatives when determining their Rules of Proceedings. In particular, the Court noted that it is well within the powers of the House and Senate to establish their own rules for verifying the presence of a majority of their members.

The case was brought after the U.S. Board of General Appraisers affirmed the decision of the Collector of New York to classify imported worsted cloth as woolens in order to levy a higher rate of customs duty. The importers challenged the validity of the law authorizing the duty increase, alleging an absence of a legislative quorum when the law was passed. On appeal, the Circuit Court of the United States for the Southern District of New York sustained the claim of the importers and reversed the decision of the Board; the United States appealed to the Supreme Court. The Supreme Court reversed the judgment of the circuit court, upholding the Board's decision, and establishing unambiguously that when quorum is present, votes of a majority of that quorum are sufficient to pass a bill in Congress.

For its first 100 years of existence, the United States House of Representatives did not pass legislation unless a full quorum of the House approved the bill. Those present, but not voting, could block votes and prevent a quorum—the technique of the disappearing quorum. The practice was terminated in February 1890, with the adoption of a new set of House rules. In particular, Rule XV (passed on February 14, 1890) established that a quorum is satisfied if a majority of members are present, even if they withhold their votes on a particular bill.