What is the theory behind granting members of congress freedom from arrest?

Answer 1

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Answer 2

Article one section six of the Consitution 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"

The main reasoning behind this is that vindictive congressmen or even the President or other mebmers of the executive branch could have others they disagree with arrested simply because they disagree with them. To avoid this altogether, congressmen, along with the President actually, cannot be arrested except in the most extreme cases. It is for this reason that Congressmen were up in arms about the FBI raid of Jefferson's offices.

Also, a point of correction, they are not completely free from arrest, but only when in the House or while traveling to and from the Capitol. This is to preserve the decorum, integrity, and independence of the procedings of the Houses of Congress and to gurantee the members' ability to travel through other states.

Answer 3

Where did you get the idea that members of congress were not subject to arrest. Not only are they subject to arrest, some have resigned or been removed from office because of their convictions.

Congressman James Traficant convicted of taking bribes, filing false tax returns, racketeering, and forcing his aides to perform chores at his farm in Ohio and on his houseboat.

Randall "Duke" Cunningham plead guilty to briber and other charges.

There are many other examples that demonstrate that your assumption is incorrect.

Answer 4

It's only when they're enroute to legislative session. The King used to disrupt colonial legislative sessions by having delegates arrested on their way, on bogus charges. No quorum, no legislating. Suited the King just fine. The immunity was codified in the USA to keep a rogue official from trying the same stunt.

Answer 5

Well there are many reason that congressMan can be granted freedom of arrest. they committed crimes that's have Loop Holes or guideline for them because of their Diplomatic Status.

Answer 6

Conngressmen are immuned from arrest while session is in progress so that the lawmaking process will not be affected and it is protected by the Constitution.

Answer 7

It's a 2 party system so we can't have ALL the Republicans arrested.

Answer 8

Sounds like a theory-less thought..everyone is responsible for following laws..including those who create such laws

Answer 9

i dont know but if they would take themselves down from being above the law the black congressman who was caught on surveillance video clearly taking a bribe of $100,000 would be in prison where he belongs instead of remaining a congressman and being appointed to new commitees

Answer 10

So they can save themselves and their families from embarrassing their public image...they have to be re-elected ya know. I don't think they should be exempt, in fact, I think they should get the blunt of the punishment...they do write the laws, right?