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Democracy's Privileged FewLegislative Privilege and Democratic Norms in the British and American Constitutions$
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Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions

Josh Chafetz

Print publication date: 2007

Print ISBN-13: 9780300113259

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300113259.001.0001

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Punishment by Congress

Punishment by Congress

Chapter:
(p.207) 10 Punishment by Congress
Source:
Democracy's Privileged Few
Author(s):

Josh Chafetz

Publisher:
Yale University Press
DOI:10.12987/yale/9780300113259.003.0011

This chapter examines the ability of the Houses of Congress to maintain discipline over Members and non-Members alike. A House can punish its Members, including expelling them, for conduct that is disruptive or that brings disrepute on the House, and it can punish non-Members for disrupting the House—either by impermissible interference or by refusing to cooperate with a legitimate request of the House. However, the Houses must strike a fine balance when exercising these powers—expulsion of Members threatens the right of their constituents to be represented by the person of their choice, and punishment of non-Members runs the risk of becoming something like a bill of attainder.

Keywords:   legislative privilege, Members of Congress, punishment

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