Felt’s Parliamentary Procedure/Parliamentary Rules

by Orson B. Felt

PARLIAMENTARY PROCEDURE.

PARLIAMENTARY RULES.

1. The system of rules (practiced in deliberative assembles, known as parliamentary law) had its origin, and derives its name from the method of transacting business in the English Parliament. The system used in this country acknowledges as its source the rules for conducting business in the United States House of Representatives. The original rules and forms under either system have from time to time undergone such marked changes as to be of little value, except as precedents, and, therefore, ill suited for general use.

The rules of either system, although they have arisen at different times and under many circumstances, are neither capricious nor accidental, but are founded on reason and justice. With an understanding of the rational principles which underly these numerous rules, the student cannot fail to be convinced that the system is well adapted to the purpose of guiding deliberation.

Parliamentary law is not firmly fixed, but is in continual process of development by acceptance of new usages which experience has shown to be desirable; when such usages are generally recognized as good, by having received the approval of many deliberative assemblies, they take their place as a part of the system. When a rule has been generally superceded by the adoption of another rule on the subject, the old rule ceases to be a part of the common law and the new rule takes its place. Therefore, the term “Parliamentary law” should be applied only to those rules which are in present use, or have been generally adopted by deliberative assemblies.

While the rules adopted and used by the House of Representatives are recognized authority in legislative bodies of the country, yet because it is so large a body, its business so complicated, and the supremacy of party so strong, its laws cannot always be followed as a model. It is also unwise for an ordinary society to adopt the widely differing and constantly changing rules of the various state legislatures, since in all large assemblies the deliberating is usually done by committees. Then, too, because these rules are adapted to the peculiar wants of large bodies, and are often not suitable for ordinary assemblies, it follows that legislative rules should not be appealed to as governing ordinary assemblies in every matter of detail, but only in the absence of special rules or of an adopted authority are they of any force in other assemblies.