[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 110th Congress]
[110th Congress]
[House Document 109-157]
[Jeffersons Manual of ParliamentaryPractice]
[Page 172]
[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.






  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 is undeniable 
(IV, 4045). But decisions of the Speakers on questions of order are not 
like judgments of courts that 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.