    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress]
    [106th Congress]
    [House Document 105-358]
    [Jeffersons Manual of ParliamentaryPractice]
    [Page 165]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 165]]

    * * * * *
                                 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.

      In the House 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 2 of rule II). 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 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.