mr. speaker , the resolution we are preparing to consider , the proposed rules for the 109th congress , in my judgment violates the united states constitution which we were just sworn to uphold and defend . 
it does so by allowing a very limited number of members , potentially only a handful , to constitute the house of representatives . 
article 1 , section 5 of the constitution states that `` each house shall be the judge of the elections , returns and qualifications of its members , and a majority of each shall constitute a quorum to do business ; but a small number adjourn from day to day , and may be authorized to compel the attendance of absent members. '' unfortunately , h. res. 5 seeks to allow a small number not just to adjourn or compel attendance , as the constitution stipulates , but to enact laws , declare war , impeach the president , and fulfill all other article i responsibilities . 
the very first act of the very first congress of the united states was to recess day after day after day because they lacked a quorum . 
just moments ago everyone in this body took an oath to uphold and defend the constitution , and now our first official vote is by rule to undermine a fundamental principle of that constitution , i.e. , what is a quorum . 
it is my understanding that the speaker is reluctant to judge on matters of constitutionality . 
i respect that . 
but i would reserve and inform the speaker it is my intent to ask the question of consideration to be put . 
