legislative immunity

legislative immunity
The Constitution grants two immunities to Congressmen, first, that except for treason, felony, and a breach of the peace, they are "privileged from Arrest during their Attendance" at sessions of their body, and, second, that "for any Speech or Debate in either House, they shall not be questioned in any other Place." (Art. I, No. 6, cl. 1).
The first immunity is of little practical value, for its exceptions withdraw all criminal offenses and arrests therefor from the privilege, and it does not apply to the service of any process in a civil or criminal matter. The second immunity is liberally construed and includes not only opinion, speeches, debates, or other oral matter, but also voting, making a written report or presenting a resolution, and in general to whatever a congressman feels necessary to transact the legislative functions and business. Even a claim of a bad motive does not destroy the immunity, for it is the public good which is thereby served. E.g., United States v. Ballin, 144 U.S. 1, 12 S.Ct. 507, 36 L.Ed. 321; United States v. Smith, 286 U.S. 6, 52 S.Ct. 475, 76 L.Ed. 954

Black's law dictionary. . 1990.

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  • legislative immunity — see immunity Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. legislative immunity …   Law dictionary

  • legislative immunity — The Constitution grants two immunities to Congressmen, first, that except for treason, felony, and a breach of the peace, they are privileged from Arrest during their Attendance at sessions of their body, and, second, that for any Speech or… …   Black's law dictionary

  • immunity — im·mu·ni·ty /i myü nə tē/ n pl ties [Latin immunitas, from immunis exempt from public service, exempt, from in non + munis (from munia services)] 1: exemption from a duty or liability that is granted by law to a person or class of persons a… …   Law dictionary

  • legislative — leg·is·la·tive / le jəs ˌlā tiv/ adj 1 a: having the power or performing the function of legislating b: belonging to the branch of government that is charged with such powers as making laws, levying and collecting taxes, and making financial… …   Law dictionary

  • immunity — Synonyms and related words: absolution, acquired immunity, active immunity, amnesty, antibody, antigen, artificial immunity, assurance, blank check, carte blanche, charter, clear sailing, congenital immunity, copyright, diplomatic immunity,… …   Moby Thesaurus

  • immunity — Exemption, as from serving in an office, or performing duties which the law generally requires other citizens to perform; e.g. exemption from paying taxes. Freedom or exemption from penalty, burden, or duty. Special privilege. See also exemption… …   Black's law dictionary

  • immunity — Exemption, as from serving in an office, or performing duties which the law generally requires other citizens to perform; e.g. exemption from paying taxes. Freedom or exemption from penalty, burden, or duty. Special privilege. See also exemption… …   Black's law dictionary

  • Legislative Assembly of Puerto Rico — The Legislative Assembly of Puerto Rico is the legislative branch of the government of Puerto Rico. The structure and responsibilities of the Assembly are defined in Article Three of the Constitution of Puerto Rico.The Legislative Assembly of… …   Wikipedia

  • immunity — /i myooh ni tee/, n., pl. immunities. 1. the state of being immune from or insusceptible to a particular disease or the like. 2. the condition that permits either natural or acquired resistance to disease. 3. the ability of a cell to react… …   Universalium

  • Parliamentary immunity — Parliamentary immunity, also known as legislative immunity, is a system in which members of the parliament or legislature are granted partial immunity from prosecution. Before prosecuting, it is necessary that the immunity be removed, usually by… …   Wikipedia

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