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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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Freedom from Civil Arrest for Members of Congress

Freedom from Civil Arrest for Members of Congress

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

Josh Chafetz

Publisher:
Yale University Press
DOI:10.12987/yale/9780300113259.003.0007

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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