Congress's Constitution: Legislative Authority and the Separation of Powers by Josh Chafetz

Author:Josh Chafetz [Chafetz, Josh]
Language: eng
Format: epub
ISBN: 9780300197105
Google: o0wmDwAAQBAJ
Amazon: 0300197101
Publisher: Yale University Press
Published: 2017-01-15T00:37:53.622000+00:00

For Congress to compete effectively with the other branches in the public sphere, it must be able to communicate with the public. This means that its members must be able to air their views publicly, without the threat of prosecution by and in front of the other branches. This is true even, or perhaps especially, with regard to their views on matters that the other branches do not wish to have aired, matters they have chosen to label as “secret.” The Speech or Debate Clause, by protecting members’ ability to do just that, is therefore one of the key constitutional provisions enabling the functioning of our multiplicity-based separation-of-powers regime.

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