Implications of Article II Section 6 of the Constitution and McKinney

[tritsofme]

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.


I'm no expert on this type of thing, and I haven't seen this brought up, but would this clause give McKinney immunity from prosecution?

[BlooInBloo]

1. Could it fall under "Breach of the Peace"?

I don't know how that phrase has been interepreted over the years.

[onenote]

4. exactly

The term "breach of the peace" doesn't have a settled meaning. Some argue that it only involves crimes that involve disorderly or violent conduct, others claim that it encompasses any criminal act. ALthough my recollection is that the congressional immunity provision has been interpreted as applying to drunk driving (ie. drunk driving is not a 'breach of the peace'), the Supreme Court, in US v. Brewster, 408 U.S. 501, 521 (1972) stated that "hen the Constitution was written the term "breach of the peace" did not mean, as it came to mean later, a misdemeanor such as disorderly conduct but had a different 18th century usage, since it derived from breaching the King's peace and thus embraced the whole range of crimes at common law." In other words, the original "intent" of the term was very broad, but even in its more modern usage, it would cover assault or whatever it is that McKinney might be charged with (although my bet is that no charges are ever filed).

onenote

[BlooInBloo]

5. (watches a flock of legalese fly overhead)

Do you have a red bouncy ball for me perchance?

:rofl:

[ShortnFiery]

2. IMO The Capitol Hill Police are just dragging this out ...

no charges will be filed, again IMO.

They are probably hurting but must obey their Republican Masters who wish for time to totally trash Congresswoman McKinney's character.

The Right Wing, because they own the power and can influence the media are not even discreet. They are shameless character assassins.

[Peregrine]

3. No just immunity from arrest

A member of congress cannot be arrested during the session or going to or from the session. But can be arrested at a later date for a "crime" they committed during that period.