Speech or Debate Clause
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The Speech or Debate Clause (found in Article I, Section 6, Clause 1) is a clause in the United States Constitution which states that members of both Houses of Congress
| ...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 from the same, and for any Speech or Debate in either House, they shall not be questioned in any other Place. |
Its intended purpose is to prevent a President or other officials of the Executive branch from having members arrested on a pretext to prevent them from voting a certain way or otherwise taking actions with which he or she might disagree.
A similar doctrine protects members of state legislatures in the United States, most legislators in most English-speaking countries, and in many other jurisdictions as well.
In May of 2006, following an FBI raid on the Capitol Hill office of Rep. William J. Jefferson (D-LA), some members of Congress have criticized the FBI's search as an unconstitutional breach of this clause. Some who support the FBI's position contend that Jefferson's case is excepted from this clause due to the fact that the Congressman is alleged to have accepted bribes, obstructed a previous search, and stored bribe money in a freezer. (all of which are felonies, thus making this provision inapplicable to Mr. Jefferson's case)
[edit] External link
- Article on Speech or Debate Clause from Answers.com, taken from the West's Encyclopedia of American Law
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