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The Speech or Debate Clause

A recent indictment of a former Member of Congress has rekindled the legal debate over the scope and effect of the Speech or Debate clause and perhaps presages a return to the Supreme Court for a ruling to settle the conflict among the circuit courts about interpretation of the Clause.

9 minute read December 17, 2009 at 01:48 PM
By
Stanley M. Brand
The Speech or Debate Clause

The U.S. Constitution provides unique immunity for federal legislators from prosecution, civil liability, and having to defend themselves outside the Congress for the performance of legislative acts: For “any Speech or Debate in either House,” Representatives and Senators “shall not be questioned in any other place.”

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