Rules of order

“ Questions of Privilege.—These are questions which involve the rights and privileges of individual members, or of the society or assembly collectively. They take precedence over all other propositions, except a motion to adjourn.
9. Questions of Order.—In case of any breach of the rules of the society or body, any member may rise to the point of order, and insist upon its due enforcement; but in case of a difference of opinion whether a rule has been violated or not, the question must be determined before the application of the rule can be insisted upon. ”

“ Any society adopting this Manual, should make its rules govern them in all cases to which they are applicable, and in which they are not inconsistent with the By-Laws and Rules of Order of the society. ”

“ The Standing Rules of some societies are really By-Laws, as the society cannot suspend them, nor can they be amended until previous notice is given. This produces confusion without any corresponding benefit. ”

“ When special orders that have been made at different times come into conflict, the one that was first made takes precedence of all special orders made afterwards, though the latter were made for an earlier hour. No special order can be made so as to interfere with one previously made. ”

“ It is sufficient to establish that there are certain definite limits which circumscribe the free action of every governing authority, and that these limitations admit of being formulated into more or less precisely articulated propositions. Such propositions, capable as they are of being handled, interpreted, and enforced, in courts of justice, have all the essential qualities that belong to the general rules framed by the governing authority itself, for the guidance of the conduct of all persons submitted to its dominion. ”

“ How striking and instructive to observe the abstract rules of justice brought to bear, with equal readiness and precision, upon ordinary and extraordinary combinations of circumstances!—to witness the dead letter of the law become animated with potent vitality for the regulation of human affairs! ”

“ You shall swear truly to observe and keep and of your and every of your parts cause to be observed and kept all the good and lawful rules, ordinances and constitutions contained and specified within this your Ordinal, so far forth as in you is, and by the law of the realm you ought. ”

“ But since it is impossible, in so great a multitude, to give injunctions to every particular man, relative to each particular action, therefore the state establishes general rules, for the perpetual information and direction of all persons in all points, whether of positive or negative duty. ”

“ It is, therefore, an established principle, that unless an order is so manifestly against law that the question does not admit of dispute, the order must first be obeyed by the inferior, and he must subsequently seek such redress against his superior as the laws allow. ”

“ But law, strictly speaking, is simply the rule of action itself, as for instance, an Act of Parliament; but as in practice all such rules are enforced by a sanction of some kind, our conception of a law is also united with that of a lawgiver, who has both the right and the power to enforce it. ”

“ But laws, in their more confined sense, and in which it is our present business to consider them, denote the rules, not of action in general, but of human action or conduct: that is, the precepts by which man, the noblest of all sublunary beings, a creature endowed with both reason and freewill, is commanded to make use of those faculties in the general regulation of his behaviour. ”

“ In the nineteenth century, then, legal and political philosophers were agreed that the end of the legal order, the purpose of political organization and purpose of lawmaking, were to secure and maintain individual liberty. ”

“ General laws are meant to regulate our conduct to each other, within certain rules; that the confidence necessary for the social union may be maintained. A principle laid down by the law, is promulgated as a general rule; and in the confidence that this rule will be respected by all; or that if violated, society will punish the violator, it is recognised as a general principle of action. ”

“ Every human government is bound to make its laws so far resemble His that they shall be uniform, certain, and unquestionable in their operations; and this it can do only by a timely show of power, and by an appeal{25} to that authority which is of divine right, inasmuch as its office is to maintain that order which is the single attribute of that Infinite Reason which we can clearly apprehend and of which we have hourly example. ”

“ No break of order, no dodging with the spirit or the letter of an existing regulation can ever be perpetrated, without thereby affording a precedent to those who desire to break that order and dodge those formularies in another direction. ”

“ I have never in my life questioned or disobeyed an order, though many and many a time have I risked my life, health, and reputation, in obeying orders, or even hints to execute plans and purposes, not to my liking. ”

“ Ordinary law-givers offer us laws to regulate society--laws, subject to change like the minds of those who make them, and of the people who obey them: those talk only of general, immutable, and eternal laws, which, without exception, are obeyed with order, regularity, and absolute exactness in the immensity of space. ”

“ Who does not see that there is no empire, kingdom, dukedom, republic, state, or household, that is not established by laws, which constitute the order and so the form of its. government? In each of them the laws of justice are in the highest place, political laws in the second, and economical laws in the third. ”

“ I believe in law and order; but I believe, as a condition precedent, that law and order should be predicated upon right and justice, pure and simple. Law is, intrinsically, a written expression of justice; if, on the contrary, it becomes instead written injustice, men are not, strictly speaking, bound to yield it obedience. ”

“ This motion, to entitle it to precedence, must be for the orders generally, and not for any particular one; and if it be carried on the question, "Whether the House will now proceed to the orders of the day?" they must be read and proceeded on in the course in which they stand.—2 Hats. 83. For priority of order gives priority of right, which cannot be taken away but by another special order. ”

“ If we intend to comprise in the idea of Order all that society requires from its government which is not included in the idea of Progress, we must define Order as the preservation of all kinds and amounts of good which already exist, and Progress as consisting in the increase of them. ”

“ Instead of a formal motion to suspend the rules, it is more usual to ask for general consent to do the particular business that is out of order. As soon as the request is made the chair inquires if there is any objection, and if no one objects, he directs the member to proceed just as if the rules had been suspended by a formal vote. Standing rules may be suspended by a majority vote. ”

“ Is it not the desire for order and the respect for order, the sense that there must be a curb on the impulses and passions of individuals, some law duly enforced, some means of checking violence and of protecting life and property against physical force? ”

“ The necessity of the thing, in the changing course of human affairs, obliges all governments to alter their general rules, and to set up new precedents in affairs of less importance; and why may not a proportionably greater necessity plead as strongly for the alteration of the most general rules, and for setting up new precedents in matters of the greatest consequence, affecting the most fundamental principles of any government, and the distribution of power among its several members? ”

“ I reckon they was afraid some man would go home some evening after work and light up and get an education and go to work and make laws to repeal aforesaid laws. Me, I’m for the old days when law and order meant what they said. A law was a law, and a order was a order.”
“But—” I began.
“I was going on,” continued Bud, “while this coffee is boiling, to describe to you a case of genuine law and order that I knew of once in the times when cases was decided in the chambers of a six-shooter instead of a supreme court. ”

“ In every country, and at all times, an order of things may be conceived—civil, political, penal and administrative laws—which would best conform to the general interest, and be the most favourable to the well-being and progress of the nation. ”

“ I mean to inquire if, in the civil order, there can be any sure and legitimate rule of administration, men being taken as they are and laws as they might be. In this inquiry I shall endeavour always to unite what right sanctions with what is prescribed by interest, in order that justice and utility may in no case be divided. ”

“ The laws receive their force and authority from an oath of fidelity, either tacit or expressed, which living subjects have sworn to their sovereign, in order to restrain the intestine fermentation of the private interests of individuals. ”

“ The chairman then directs the speaker to take his seat, and having heard the point of order, decides the question and permits the first speaker to resume his speech, directing him to abstain from any conduct that was decided to be out of order. When a speaker has transgressed the rules of decorum he cannot continue his speech, if any one objects, without permission is granted him by a vote of the assembly. ”

“ The practice, as it now prevails, is one of the many instances of the practical wisdom with which this nation often deals with difficult subjects. The standing order is retained as an instrument which, in certain cases, it may possibly be expedient to employ ”

“ Rule stands by rule, usage beside usage,—a mere aggregate or multitude of petty tyrants, reduced to no unity or system, and each pressing with all the weight of an absolute mandate. The pettiest bit of ceremonial law is here of equal dignity with the most far-reaching principle of political obligation. ”

“ The case in which it is determined by the law, that a man may be so arrested and detained, is the case of an order having been issued for that purpose by any one in such a list of ministers; and the form in which the order for that purpose must be conceived, is the wording in the form in which orders to the purpose in question have been in use to be worded, or, in short, any other form which the ministers in question may be pleased to give it. ”

“ The home, the school, the church, the club, business, profession, trade, and union, all insist on strict, correct conformity to standard; all demand authoritatively implicit obedience and submission to rule and regulation. ”

“ Order, thus understood, expresses, doubtless, an indispensable attribute of government. Those who are unable to make their ordinances obeyed, can not be said to govern. But, though a necessary condition, this is not the object of government. That it should make itself obeyed is requisite, in order that it may accomplish some other purpose. We are still to seek what is this other purpose, which government ought to fulfill abstractedly from the idea of improvement, and which has to be fulfilled in every society, whether stationary or progressive. ”

“ In a sense somewhat more enlarged, Order means the preservation of peace by the cessation of private violence. Order is said to exist where the people of the country have, as a general rule, ceased to prosecute their quarrels by private force, and acquired the habit of referring the decision of their disputes and the redress of their injuries to the public authorities. But in this larger use of the term, as well as in the former narrow one, Order expresses rather one of the conditions of government, than either its purpose or the criterion of its excellence ”

“ This order is the base of the most perfect government, and the fundamental rule of all positive laws; for positive laws are only such laws as are required to keep up and maintain the natural order that is evidently most advantageous to the race. ”

“ Every law is a command, not only, but the command of a supreme authority; and it would be a singular contradiction in terms to speak of this supreme power as limited by law. How can the supreme author of law within a state himself be subject to law: how can the creature bind the creator? How can one refrain from smiling at the logical incapacity of those who speak of limitations to sovereignty, or, more absurdly still, of divisions of sovereignty?65 Is there a hierarchy of supremacies: can there be a co-ordination of creators? ”

“ In which Action, no Delay, Stay, or Stop of Proceeding, by Rule, Order or Command, nor no Injunction, Protection, or Priviledge whatsoever, nor any more than one Imparlance shall be allowed, excepting such Rule of the Court wherein the Action shall depend, made in open Court, as shall be thought in justice necessary, for special Cause to be expressed in the said Rule. ”

“ The cases in which the general rule has been adhered to, are, many of them, of a character which strongly test the principle upon which the rule itself is founded. Two or three only need be referred to. ”

“ And herein it is that human laws have their greatest force and efficacy; for, with regard to such points as are not indifferent, human laws are only declaratory of, and act in subordination to, the former. ”

“ The answer which at once suggests itself to one familiar with the structure of our government, in which al power is delegated, and is defined by law, constitutional or statutory, is that to one or both of these sources we must resort in every instance. ”

“ We can see the policeman on his beat, or the judge in court, or the members of the legislature—the men who, respectively, maintain, administer, and make the laws; and we can see the record of the laws in books. But the idea or principle of Law which has caused men to construct all this machinery for the making and enforcing of the laws, exists only in the mind. ”

“ When I shall have loyally caused to operate all the means which have been left to me, no reproach can be aimed at me, and the nation, whose interest alone ought to serve as rule, will explain itself by the means which the constitution has reserved to it. ”