[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 Printing 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.