Quotes about Legislative Immunity

Martin Luther

For six years the senators are rendered totally and absolutely independent of their States, of whom they ought to be the representatives, without any bond or tie between them: During that time they may join in measures ruinous and destructive to their States, even such as should totally annihilate their State governments, and their States cannot recall them, nor exercise any controul over them.

Martin and other anti-Federalists argued against ratifying the new Constitution as they thought that it was inimical to the state’s interest. The notion of Federalism as a danger to states is clearly stated in this quotation for the debate on Constitutional ratification. Fundamentally, are Senators representatives of their states or of the Federal Government. If the former, who can the senators be recalled or impeached by the states to who the presumably owe their loyalty? This issue, like so many others, was compromised. The States would control the selection and method of selection of the Senators but could not recall or impeach. Looking back, we see this as logically inconsistent. However, looking at it as a political compromise between two legitimate points of view, it seems quite reasonable. Early America was a combination of idealism and pragmatism which has carried throughout American history.

Preston Brooks

But if I had committed a breach of privilege, it was the privilege of the Senate, and not of this House, which was violated. I was answerable there and not here.

Geert Wilders

Prosecuting me as an elected politician for expressing the opinions of my constituents is absurd.

Ron DeSantis

Congress cannot be allowed to impose burdens on the American people while relieving its own members of those burdens.

Ruth Bader Ginsburg

One might plausibly contend that Congress violates the spirit, if not the letter, of the constitutional doctrine of separation of powers when it exonerates itself from the impositions of the laws it obligates people outside the legislature to obey.

Benjamin Franklin

It would be improper to put it in the power of any Man to negative a Law passed by the Legislature because it would give him the control of the Legislature

Rand Paul

Congress shall pass no law that exempts themselves!

Michael Portillo

I have never served on a jury because MPs were exempted - or banned, I think.

Louise Mensch

Once you are a proper, serious law-maker, you can't break the laws you're writing.

Henry Hyde

Congress would exempt itself from the laws of gravity if it could.

John Allen Fraser

The purpose of privilege is not to place parliamentarians above the law, but rather to allow them to carry out their duties independently and effectively, in the national interest.

This is the justification of virtually all legislatures that exempt their members from general requirements of law or grant them special privileges. Occasionally, the justification is warranted; most often, not.

Massachusetts

No subject ought, in any case, or in any time, to be declared guilty of treason or felony by the legislature.

This constitution was written 7 years before the national constitutional convention. It shows that there was concern about the separation of powers in United States even before the Constitution was drafted. See {616749} for an even clearer statement of the separation of powers principle. The national legislatures in Europe had commonly declared people traitors and in many cases incarcerated or executed them. This clause, effectively presaged the national constitution of 1787 where the Congress was prohibited from trying people for treason or anything else except impearchment.

Bobby Jindal

Police officials routinely execute search warrants on private homes and offices, and Congressional offices should not be treated any differently. There cannot be one set of rules for elected officials and another set of rules for everyone else.

Ohio

Each house may punish, by imprisonment during their session, any person not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in their presence; provided that such imprisonment shall not; at one time, exceed twenty-four hours.

This clause was a throwback to the days before the separation of powers where the legislature could imprison anyone they thought contemptuous or interfering with their deliberation. Contrast this with the earlier constitution of Massachusetts which forbade the legislature from acting as a judge or prosecutor. See {616750} and {616749}. Also this was a clear invasion of freedom of the press and freedom of speech provided by the Bill of Rights. However, at the time, it was not clear that the Federal Constitution was binding on State Governments on State Matters. Modern law is still ambiguous on this general point, but not on freedom of speech and the press which is currently definitely binding on the states.

Legislative Immunity Quotes