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Democracy's Privileged FewLegislative Privilege and Democratic Norms in the British and American Constitutions$
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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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Freedom from Civil Arrest for Members of Congress

Freedom from Civil Arrest for Members of Congress

(p.134) 6 Freedom from Civil Arrest for Members of Congress
Democracy's Privileged Few

Josh Chafetz

Yale University Press

This chapter considers the freedom from civil arrest historically guaranteed to Members of Congress. It shows that a popular sovereignty-based approach to the arrest privilege requires a balance between the need for the effective functioning of the ordinary justice system and the need for legislators to be able to perform their public duties. The text and history of the Arrest Clause, its interpretation, and case law on the arrest privilege are discussed.

Keywords:   legislative privilege, Congress, arrest privilege, sovereignty, justice system, legislators

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