Rekjalhew

April 7, 2006

Why Members of Congress Cannot Be Arrested

by @ 1:49 am. Filed under The Truth Shall Set you Free!

This is just an informational post, for those who may not know the exact clause in the US Constitution that prevents any member of Congress from being arrested while Congress is in session.

US Constitution, Article I, Section 6

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

It is true that Congresswoman Cynthia McKinney’s actions might be viewed as a “Breach of the Peace”, but given she did not continue hitting the officer to the point of having to be physically restrained, is probably the reason she was not arrested on the spot. It really could be taken on one’s interpretation of the phrase, but given Congresswoman McKinney is not a clear threat to public safety, it’s probably best that any arrest take place after this Congressional session ends.



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