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The Speech or Debate Clause
The U.S. Constitution provides unique immunity for federal legislators from prosecution, civil liability, and having to defend themselves outside the Congress for the performance of legislative acts: For “any Speech or Debate in either House,” Representatives and Senators “shall not be questioned in any other place.” U.S. Const. Art. I, ' 6, cl. 1. The Clause was developed in England over centuries of struggle between the Crown and Parliament to protect disfavored legislators from the wrath of the King. It was adopted at the Constitutional Convention without controversy and was largely of historical interest until the Supreme Court interpreted it in a criminal prosecution of a member of the House in 1966. United States v. Johnson, 383 U.S. 169 (1966). A recent indictment of a former Member of Congress has rekindled the legal debate over the scope and effect of the Speech or Debate clause and perhaps presages a return to the Supreme Court for a ruling to settle the conflict among the circuit courts about interpretation of the Clause. United States v. Renzi, et al., No. CR 08 022-TUC-DCB (D. Ariz.).
Some History
Before discussing Renzi, it may be helpful to review the historical context. Two cases interpreting the Clause from three decades ago represent the seminal pronouncements by the Court on the scope, application and effect of this provision on the criminal prosecution of Members of Congress.
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