[House Rules Manual -- House Document No. 104-272]
[From the U.S. Government Printing Office Online Database]
[Pages 162-163]
[DOCID:hrmanual-22]
sec. xv.--order.
* * * * *
In <<NOTE: Sec. 351. Precedent in Parliament and the
House.>> 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 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
[[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.