The speech or debate clause of the US Constitution provides Members of Congress (and their staff) with civil and criminal immunity for “legislative acts” that they perform in the course of their duties, shielding them from harassment or intimidation.
The clause is “a key pillar in the American separation of powers” that serves to “protect the independence, integrity, and effectiveness of the legislative branch by barring executive or judicial intrusions into the protected sphere of the legislative process,” as described in a new overview from the Congressional Research Service.
If Members of Congress do not value their deliberative role and do not wish to function as independent actors, the speech and debate clause cannot make them. But it is there to protect them if they do. See Understanding the Speech or Debate Clause, December 1, 2017.
Other new reports from the Congressional Research Service include the following:
Winter Fuels Outlook 2017-2018, December 5, 2017
Bank Systemic Risk Regulation: The $50 Billion Threshold in the Dodd-Frank Act, December 6, 2017
Defining Broadband: Minimum Threshold Speeds and Broadband Policy, December 4, 2017
The Application of the “One Central Reason” Standard in Asylum and Withholding of Removal Cases, CRS Legal Sidebar, December 18, 2017
What Happens if H.R. 1 Conflicts with U.S. Tax Treaties?, CRS Legal Sidebar, December 19, 2017
The War in Yemen: A Compilation of Legislation in the 115th Congress, December 20, 2017
At a time when universities are already facing intense pressure to re-envision their role in the S&T ecosystem, we encourage NSF to ensure that the ambitious research acceleration remains compatible with their expertise.
FAS CEO Daniel Correa recently spoke with Adam Marblestone and Sam Rodriques, former FAS fellows who developed the idea for FROs and advocated for their use in a 2020 policy memo.
In a year when management issues like human capital, IT modernization, and improper payments have received greater attention from the public, examining this PMA tells us a lot about where the Administration’s policy is going to be focused through its last three years.
Congress must enact a Digital Public Infrastructure Act, a recognition that the government’s most fundamental responsibility in the digital era is to provide a solid, trustworthy foundation upon which people, businesses, and communities can build.