2 U.S.C. § 288h: Defense of certain…

Summary

When carrying out duties under this chapter, the Counsel must vigorously defend if the Senate’s or Congress’s constitutional powers or privileges are put in question. This includes defending speech-and-debate immunity in Article I, section 6; the Senate’s power in Article I, section 5 to judge, punish, or expel Members; the Senate’s ability to keep parts of its journal secret and make its rules; Congress’s necessary-and-proper lawmaking power; other Senate or Congressional powers; and challenges to the constitutionality of Acts and joint resolutions of Congress.

Title 2, §288h

The Congress, Source: USLM XML via OLRC

In performing any function under this chapter, the Counsel shall defend vigorously when placed in issue—

(1)the constitutional privilege from arrest or from being questioned in any other place for any speech or debate under section 6 of article I of the Constitution of the United States;

(2)the constitutional power of the Senate to be judge of the elections, returns, and qualifications of its own Members and to punish or expel a Member under section 5 of article I of the Constitution of the United States;

(3)the constitutional power of the Senate to except from publication such parts of its journal as in its judgment may require secrecy;

(4)the constitutional power of the Senate to determine the rules of its proceedings;

(5)the constitutional power of Congress to make all laws as shall be necessary and proper for carrying into execution the constitutional powers of Congress and all other powers vested by the Constitution in the Government of the United States, or in any department or office thereof;

(6)all other constitutional powers and responsibilities of the Senate or of Congress; and

(7)the constitutionality of Acts and joint resolutions of the Congress.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this title”, meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended section 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.

§288h Defense of Certain Constitutional Powers