[Deschler's Precedents]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:52093pl_txt-5]
[Page vii-ix]
PREFACE
Comparative Rights
On analysis, the rules of parliamentary procedure will be seen as
an attempt to strike a careful balance between the var-
[[Page viii]]
ious rights which arise whenever a deliberative assembly meets, with
due regard for every member's opinion, and to arrive at a consensus
of the general will. At issue are the rights (1) of the majority, (2)
of the minority, (3) of individual members, and (4) of the entire
membership.
As between themselves, each member of an assembly enjoys the same
rights as every other member. Otherwise, aggressive and domineering
members can monopolize the debating time and prejudice the question
under consideration. No member has a greater right to the expression of
ideas than any other member. Subject to the rules governing debate,
each member may present his views for the consideration of the entire
body. When there are no rules, or where each member thrusts his ideas
upon others in disregard of the rights of others, chaos, if not
anarchy, prevails.
If the precedents of the House can be said to have an overriding
function, it is to enable the Members to govern themselves
democratically and fairly and at the same time execute the will of the
majority. The precedents of the House are utilized in such a way as to
expedite business and protect the minority, and at the same time enable
the assembly to take action in accordance with the views of the
majority.
Parliamentary law recognizes that the will of the majority, when
properly and fairly ascertained, must prevail. When one becomes a
member of an assembly, he tacitly agrees to abide by the decision of
the majority in return for his right to vote. The basic concept of
majority rule was advocated by Jefferson in his manual. He said: ``The
voice of the majority decides; for the lex majoris partis is the law of
all councils, elections, etc., where not otherwise expressly
provided.''(18)
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18. See House Rules and Manual Sec. 508 (1973).
Although the majority rule applies generally, the House has
adopted rules providing for a two-thirds vote on certain
propositions, such as on a motion to suspend the rules. Rule
XXVII clause 1, House Rules and Manual (1973).
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The historic functions of the minority have always been recognized
under parliamentary law. It protects the right of the minority to
examine propositions of the majority, to offer amendments thereto, or
to attempt to persuade the majority to reject the propositions in their
entirety.(19)
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19. 1 Hinds' Precedents at p. iii.
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The minority also has a right to be heard, to vote, and, in some
cases and subject to the rules, to delay action temporarily.
[[Page ix]]
In fact, during and shortly after the Civil War, the minority party in
the House had what amounted to the power to obstruct legislation
entirely. This was permitted at that time on the theory that on
great questions the wisdom of the few should be permitted to thwart
the rashness of the many. However, Speaker Reed, in 1890, nullified
this power of the minority by the enunciation of the principle that
the processes of a legislative body may not be used to destroy its
powers; and since that time the minority has been remitted in the
House to its historic functions.(20)
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20. 1 Hinds' Precedents at p. iv.
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Although each Member has the right to be heard, the membership has
the right to restrain any individual from abusing the privileges
accorded by the rules. It is the function of parliamentary procedure to
encourage or permit a thorough discussion, and yet still preserve
harmony within the group and ultimately to take definite action.
A Member of the House has a right to vote and to otherwise
participate in legislative proceedings, but in other respects the
individual Member must yield to the whole House in expressing the
national will.