[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 108th Congress]
[108th Congress]
[House Document 107-284]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 171-172]
[From the U.S. Government Printing 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 172]]



  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 (2 U.S.C. 28). 
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.