2.14.2010

ARTICLE 1, SECTION 6

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.


No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

5 comments:

LandShark 5150 said...

"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."

Meaning--Members of Congress are paid by the U.S. government, not the state they represent, which helps create a national identity for legislators. However, many Americans objected to the fact that Congress could vote itself a pay raise without review. In 1789, one of the twelve amendments submitted by Congress to the states in what became the Bill of Rights dealt with congressional pay raises. It prevented an increase in salaries from taking effect until after the next election of representatives. This amendment failed to be ratified for more than 200 years, until it became the Twenty-seventh Amendment in 1992.

"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."
This part of Section 6 gives federal legislators two kinds of immunity. The first has become somewhat obsolete. During session, members of Congress are privileged from civil arrest, which was more common when the Constitution was adopted. However, they are not privileged from arrest for criminal acts—including both misdemeanors and felonies. The second type of immunity involves punishment for remarks made as part of the legislative process. In England, the king had fined members of Parliament for libel if he disagreed with their speeches. The Speech or Debate Clause prevents a member of Congress from being sued for official actions that are essential to the deliberations of Congress, beyond just formal debate. However, the Supreme Court ruled in Hutchinson v. Proxmire (1979) that a “Golden Fleece Award” given by Senator William Proxmire to recipients of government waste was not protected by the Speech or Debate Clause because it was disseminated in press releases and constituent newsletters.

"No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office."

This provision in Section 6 prevents a member of Congress from assuming a federal office that was created during his or her term, or for which the salary was increased. Thus, a legislator cannot directly benefit from such executive appointments. In some cases, Congress has temporarily reduced the salaries of certain offices so that legislators who had voted for raises could be appointed.

More important, Section 6 illustrates the constitutional principle of separation of powers. It prohibits any member of Congress from simultaneously holding an office in the executive or judicial branches. This is in direct contrast to the parliamentary system of government—in which members of the legislature also serve as executive officials, including the prime minister (or chief executive) and the cabinet.


Yes -- I had to cheat on this comment, but due to St. Valintine's friggin cupid, and the terra-mako ready to kick the crap out of yours truely, I have to spend some time with her.
I hope you and yours have a wonderful day filled with the love you find in each others arms. sharky

Bungalow Bill said...

You are almost to Section 8. This might be some good reading for you before you get there.

http://bungalowbillscw.blogspot.com/2010/02/consider-consquences-of-liberals.html

The Griper said...

mmm no double dipping, (i'd like to see that applied to pensions also)

no conflict of interests.

the essence of the meaning of free speech.

also would enjoy hearing that no member of Congress who voted on the raise in pay could run for another term of office when his term was up. but that is only dreaming.

LandShark 5150 said...

As long as we're dreaming -- how about "We the people" vote on their pay raises or pay cuts?
Kinda like a job performance to pay.
Also, I'd like to see their pay and benefits end when their term ends.
Wow, I'd better wake up. This peasant is getting a tad outta line.

The_Kid said...

Ahh, so that's why Cynthia McKinney (aka Buckwheat) was never arrested until she vacated the office..