[110th Congress House Rules Manual -- House Document No. 109-157]
[From the U.S. Government Printing Office Online Database]
[DOCID:hruletx-20]
[Page 172]
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 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.