Page:Pocket Manual of Rules of Order for Deliberative Assemblies (1876).djvu/15

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PARLIAMENTARY LAW.

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that of the English Parliament, the United States Senate, or any other body.

While in extreme cases there is no difficulty in deciding the question as to whether the practice of Congress determines the common parliamentary law, yet between these extremes there must necessarily be a large number of doubtful cases upon which there would be great difference of opinion, and to avoid the serious difficulties always arising from a lack of definiteness in the law, every deliberative assembly should imitate our legislative bodies in adopting Rules of Order for the conduct of their business.^[1]

↑ Where the practice of Congress differs from that of Parliament upon a material point, the common law of this country follows the practice of Congress. Thus in every American deliberative assembly having no rules for conducting business, the motion to adjourn would be decided to be undebatable, as in Congress, the English parliamentary law to the contrary notwithstanding; so if the Previous Question were negatived, the debate upon the subject would continue as in Congress, whereas in Parliament the subject would be immediately dismissed; so too the Previous Question could be moved when there was before the assembly a motion either to amend, to commit, or to postpone definitely or indefinitely, just as in Congress, notwithstanding that, according to English parliamentary law, the Previous Question could not be moved under such circumstances.

When the rules of the two Houses of Congress conflict, the House of Representatives rules are of greater authority than those of the Senate in determining the parliamentary law of the country, just as the practice of the House of Commons, and not the House of Lords, determines the parliamentary law of England. For instance, though the Senate rules do not allow the motion for the Previous Question, and make the motion to postpone indefinitely take precedence of every other subsidiary motion [§ 7] except to lie on the table, yct the parliamentary law of the land follows the practice of the House of Representatives,

[p15-1] Where the practice of Congress differs from that of Parliament upon a material point, the common law of this country follows the practice of Congress. Thus in every American deliberative assembly having no rules for conducting business, the motion to adjourn would be decided to be undebatable, as in Congress, the English parliamentary law to the contrary notwithstanding; so if the Previous Question were negatived, the debate upon the subject would continue as in Congress, whereas in Parliament the subject would be immediately dismissed; so too the Previous Question could be moved when there was before the assembly a motion either to amend, to commit, or to postpone definitely or indefinitely, just as in Congress, notwithstanding that, according to English parliamentary law, the Previous Question could not be moved under such circumstances.

When the rules of the two Houses of Congress conflict, the House of Representatives rules are of greater authority than those of the Senate in determining the parliamentary law of the country, just as the practice of the House of Commons, and not the House of Lords, determines the parliamentary law of England. For instance, though the Senate rules do not allow the motion for the Previous Question, and make the motion to postpone indefinitely take precedence of every other subsidiary motion [§ 7] except to lie on the table, yct the parliamentary law of the land follows the practice of the House of Representatives,

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