[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]


 

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                            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