Legal Definitions - recede

Recede

In the context of a bicameral legislature (a legislative body with two separate chambers, such as a House of Representatives and a Senate), to recede means for one chamber to withdraw or abandon an amendment it had proposed to a bill, particularly when the other chamber has not agreed to that amendment.

When a chamber recedes from an amendment, it essentially drops its proposed change. This action allows the bill to move forward and be considered passed in the form that both chambers have now agreed upon, without the disputed amendment.

Here are some examples illustrating how "recede" works in a legislative setting:

• Example 1: Resolving a Minor Disagreement

  Imagine the State Assembly passes a bill to fund local parks. When the bill moves to the State Senate, the Senate adds a small amendment requiring a specific type of eco-friendly bench in all new parks. The Assembly reviews the amended bill and decides it doesn't want that specific requirement. Instead of entering a lengthy negotiation, the Senate leadership, wanting to ensure the park funding bill passes quickly, decides to recede from its eco-friendly bench amendment. This means the Senate withdraws its proposed change, and the bill passes with the original park funding provisions, without the bench requirement.

• Example 2: Saving a Critical Bill from Stalemate

  Consider a crucial federal budget bill that has passed the House of Representatives. The Senate then adds a significant amendment that would allocate a large sum of money to a specific, controversial infrastructure project. The House strongly opposes this particular project and refuses to concur with the Senate's amendment. To prevent the entire budget bill from failing due to this single disagreement, and under pressure to pass a budget, the Senate might ultimately decide to recede from its infrastructure amendment. By doing so, the Senate drops its controversial addition, allowing the budget bill to pass in a form acceptable to both chambers.

• Example 3: Strategic Concession for Broader Goals

  A bill aimed at reforming the education system passes the Senate with an amendment that includes a pilot program for vocational training in high schools. When the bill reaches the House, many representatives believe the vocational training program is too expensive and would prefer to focus resources elsewhere. The House votes not to concur with the Senate's amendment. Realizing that the core education reforms are widely supported and more important than the specific vocational program, the Senate leadership might strategically choose to recede from its vocational training amendment. This concession allows the broader education reform bill to pass both chambers without further delay, even if the Senate initially preferred its amendment.