2 U.S.C. § 288h — Defense of certain constitutional powers

submitted 48 years ago by Pub. L. 95-521 to r/title-2-THE-CONGRESS · 197 words · no verdicts yet

in plain englishAI-generated · not legal advice

When doing this job, the Senate Legal Counsel must vigorously defend certain constitutional powers whenever they're challenged: the Speech or Debate protection for Congress members, the Senate's power to judge its own members' elections and to punish or expel them, the Senate's power to keep parts of its journal secret, its power to set its own rules, Congress's power to pass laws needed to carry out its other powers, all other constitutional powers of the Senate or Congress, and the constitutionality of laws Congress has passed.

In carrying out any duty under this chapter, the Counsel must vigorously defend, whenever it is challenged: (1) the constitutional privilege that protects members of Congress from arrest, or from being questioned elsewhere, for any speech or debate, under Article I, section 6 of the Constitution; (2) the Senate's constitutional power to judge the elections, returns, and qualifications of its own Members, and to punish or expel a Member, under Article I, section 5; (3) the Senate's constitutional power to keep secret whatever parts of its journal it decides require secrecy; (4) the Senate's constitutional power to set the rules for its own proceedings; (5) Congress's constitutional power to pass all laws necessary and proper for carrying out Congress's constitutional powers and all other powers the Constitution gives to the federal government or any of its departments or offices; (6) all other constitutional powers and responsibilities of the Senate or of Congress; and (7) the constitutionality of Acts and joint resolutions passed by Congress.

the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Pub. L. 95–521, title VII, § 709, Oct. 26, 1978, 92 Stat. 1881.)

history & why it existsrecord from the source credit

1978Enacted · Pub. L. 95-521 · 92 Stat. 1881

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-521 on 1978-10-26.

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