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meow2u3

(25,251 posts)

25. "Privilege from arrest" clause means Congress can't be arrested on a civil charge

Reply to MineralMan (Reply #14)

Sun Oct 6, 2013, 03:54 PM

Oct 2013

http://www.law.cornell.edu/anncon/html/art1frag20_user.html#art1_hd69

Privilege From Arrest

This clause is practically obsolete. It applies only to arrests in civil suits, which were still common in this country at the time the Constitution was adopted.376It does not apply to service of process in either civil377 or criminal cases.378Nor does it apply to arrest in any criminal case. The phrase “treason, felony or breach of the peace” is interpreted to withdraw all criminal offenses from the operation of the privilege.379

In other words, Congressmembers can still be arrested on criminal charges.

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Emergency Powers of the President? [View all] demsin06 Oct 2013 OP

The President's powers are few in regard to this. MineralMan Oct 2013 #1

Patriot Act: Declare an "Economic Emergency" Katashi_itto Oct 2013 #3

Well, perhaps, but what he could do in that case MineralMan Oct 2013 #9

Or declare sedition. A admittedly long-shot of that happening, Katashi_itto Oct 2013 #11

Nope. The Constitution clearly gives Congress members immunity for MineralMan Oct 2013 #14

Incorrect. I suggest you actually read it. Instead of telling other people too. Katashi_itto Oct 2013 #19

They cannot be charged with sedition for voting on a bill. MineralMan Oct 2013 #21

Umm they are not voting, they are preventing a vote. Katashi_itto Oct 2013 #22

Please. They are acting in Congress. MineralMan Oct 2013 #23

SEC. 802. DEFINITION OF DOMESTIC TERRORISM. Katashi_itto Oct 2013 #29

Nice try, but it won't fly. MineralMan Oct 2013 #30

If this goes into default all the cards are on the table. Katashi_itto Oct 2013 #31

"Privilege from arrest" clause means Congress can't be arrested on a civil charge meow2u3 Oct 2013 #25

And when was one arrested for something done in Congress? MineralMan Oct 2013 #26

Bush's man, Paulson, in 2008 threatened military Martial Law using the economy as the excuse. BlueCaliDem Oct 2013 #13

I believe Congress is *the* most powerful branch of our government. BlueCaliDem Oct 2013 #7

You make a good point. MineralMan Oct 2013 #10

Yes, we have a weak Executive by design, which opened the door for the Koch Bros BlueCaliDem Oct 2013 #20

Not exactly ..... oldhippie Oct 2013 #15

Congress can pass bills without the President's signature, they just need a 2/3's majority. n/t PoliticAverse Oct 2013 #27

Let's see... LAGC Oct 2013 #2

oh please demsin06 Oct 2013 #8

Do we have a rolled-up US Constitution someplace we can smack OPs like this with? Geez. (nt) Posteritatis Oct 2013 #4

dont reply if you get so annoyed demsin06 Oct 2013 #6

Yeah, we're the ones that need to calm down ...... oldhippie Oct 2013 #16

Well there is 18 USC � 2383 - Rebellion or insurrection demsin06 Oct 2013 #5

Get a grip. Nuclear Unicorn Oct 2013 #28

So push for some kind of Enabling Act and imprison anyone who opposes him. Nye Bevan Oct 2013 #12

What kind of authoritarian nonsense is this? tritsofme Oct 2013 #17

There's a part of me that would like to see Obama go all "Chancellor Palpatine" on their asses. PragmaticLiberal Oct 2013 #18

Take heart in that Boehner lies. This is likely just another and he'll flip at the last moment. Kablooie Oct 2013 #24