    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress]
    [105th Congress]
    [House Document 104-272]
    [Jeffersons Manual of ParliamentaryPractice]
    [Pages 162-163]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    * * * * *
                                sec. xv.--order.

    Sec. 351. Precedent in Parliament and the
    House.

      In  Parliament, ``instances make order,'' per Speaker Onslow. 2
    Hats., 141. But what is done only by one Parliament, cannot be called
    custom of Parliament, by Prynne. 1 Grey, 52.

    [[Page 163]]

    to prepare an updated compilation of such precedents
    every two years (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The
    Speaker feels constrained in his rulings to give precedent its proper
    influence (II, 1317), since the advantage of such a course are
    undeniable (IV, 4045). But decisions of the Speakers on questions of
    order are not like judgments of courts which conclude the rights of
    parties, but may be reexamined and reversed (IV, 4637), except on
    discretionary matters of recognition (II, 1425). It is rare, however,
    that such a reversal occurs.

      In the House of Representatives the Clerk is required to note all
    questions of order and the decisions thereon and print the record
    thereof as an appendix to the Journal (clause 3 of rule III). The
    Parliamentarian has the responsibility for compiling and updating the
    precedents (secs. 341-342, Legislative Reorganization Act of 1970; 84
    Stat. 1140). The Committee Reform Amendments of 1974 gave the Speaker
    the responsibility