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Archive of posts filed under the Arrest Clause category.

Congressional Materials on Recess Appointments

Set forth below are congressional materials related to recess appointments in the following categories: (1) Congressional debates and Reports; (2) Congressional hearings; (3) the Draft Senate amicus brief in Mackie v. Clinton; (4) CRS reports and (5) Comptroller General opinions Tweet

But They Can Still Vote While Intoxicated, Right?

According to several news accounts in the last week, a Minnesota student group is working to end “legislative immunity from drunk driving arrests.” Apparently someone believes that Minnesota state legislators are immune from arrest for DWI based on Article IV, section 10, of the Minnesota Constitution, which provides that “members of each house in all cases except [...]

Did Senator Paul’s TSA Detention Violate the Arrest Clause?

Senator Rand Paul was “detained” earlier today by the Transportation Security Administration (TSA) after the Senator refused to consent to a full body pat down at the airport in Nashville, Tennessee. Senator Paul was at the airport to catch a flight to Washington, DC. This raises an interesting question under the Arrest Clause, art. I, [...]

Wisconsin and the Meaning of the Arrest Clause

The Wisconsin Senate has passed a resolution that requires the majority leader to “issue an order to the sergeant at arms that he take any and all necessary steps, with or without force, and with or without the assistance of law enforcement officers by warrant or other legal process as he may deem necessary in [...]

Did Senator Craig Breach the Peace?

Some commenters on The Volokh Conspiracy – – have suggested Senator Craig could have asserted a constitutional privilege in connection with his arrest for disorderly conduct charges based on Article I, Section 6  which provides that “Senators and Representatives … shall in all cases, except treason, felony and breach of the peace, be privileged from [...]