Question:

The United States Constitution?

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Article 1 Section 6 Clause 1

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, beprivileged 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.

Why did the framers write this into the Constitution? What principle is being protected?

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3 ANSWERS


  1. So lawmakers cannot be prosecuted for making laws.  


  2. It appears they wanted to assure that no state or local arrest would impede their appearance...possibly to avoid competition between states...

  3. Actually, the Government wanted the lawmakers to be free to attend the sessions of Congress.  When the nation was born there were many many people who didn't want to be governed or told what to do by "those people in Washington."  Without this law, Congress persons could be illegally held up or detained in their home states or at borders, thereby impeding the law making process.  This is the somewhat similar to the writ of habeas corpus where a person can not be put in prison indefinitely without appearing before a judge.  The term habeas corpus means "produce the body.

    The principle being protect is the separation of powers.  The executive branch enforces the laws (the police) and the legislative makes the laws.  If the executive branch is allowed to detain and impede the legislators they can effectively control which laws get passed and which ones don't by keeping members of Congress in jail or worse.

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