Freedom from Civil Arrest for Members of Congress
Freedom from Civil Arrest for Members of Congress
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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