# Congressmen immune from arrest? **URL:** \ **Category:** Factual Questions\ **Created:** [July 20, 2002, 6:43pm UTC](https://boards.straightdope.com/t/congressmen-immune-from-arrest/119997 "2002-07-20T18:43:59Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![Blalron](https://avatars.discourse-cdn.com/v4/letter/b/35a633/32.png) [@Blalron](https://boards.straightdope.com/u/Blalron)\ **Post date:** [July 20, 2002, 6:43pm UTC](https://boards.straightdope.com/t/congressmen-immune-from-arrest/119997/1 "2002-07-20T18:43:59Z")
Article 1, Section 6 of the constitution states: **"They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place."** I assume that this means a congressman could commit a misdeamenor and not be arrested for it. So does this mean that if I’m a congressman, I could be smoking marijuana while walking to the capitol building, and not be arrested? ---
**Author:** ![BobT](https://avatars.discourse-cdn.com/v4/letter/b/8e8cbc/32.png) [@BobT](https://boards.straightdope.com/u/BobT)\ **Post date:** [July 20, 2002, 7:42pm UTC](https://boards.straightdope.com/t/congressmen-immune-from-arrest/119997/2 "2002-07-20T19:42:22Z")
According to the annotated version of the Constitution that is put up by the GPO, here is the interpretation of that clause > [@](#): > > ``` > This clause is practically obsolete. It applies only to arrests > > ``` > > in civil suits, which were still common in this country at the time the > Constitution was adopted.\376\It does not apply to service of process in > either civil\377\ or criminal cases.\378\Nor does it apply to arrest in > any criminal case. The phrase ``treason, felony or breach of the peace’’ > is interpreted to withdraw all criminal offenses from the operation of > the privilege.\379\ You can read more about it at [http://www.access.gpo.gov/congress/senate/constitution/art1.html](http://www.access.gpo.gov/congress/senate/constitution/art1.html) ---
**Author:** ![Big\_Kahuna\_Burger](https://avatars.discourse-cdn.com/v4/letter/b/e0b2c6/32.png) [@Big\_Kahuna\_Burger](https://boards.straightdope.com/u/Big_Kahuna_Burger)\ **Post date:** [July 20, 2002, 8:45pm UTC](https://boards.straightdope.com/t/congressmen-immune-from-arrest/119997/3 "2002-07-20T20:45:25Z")
Robert Byrd once used this to get out of a speeding ticket. It was originally so political enemies wouldn’t hassle Congressmen. ---
**Author:** ![tracer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tracer/32/20578_2.png) [@tracer](https://boards.straightdope.com/u/tracer)\ **Post date:** [July 20, 2002, 9:24pm UTC](https://boards.straightdope.com/t/congressmen-immune-from-arrest/119997/4 "2002-07-20T21:24:04Z")
Darn. A pot-smoking Congressman would’ve been a hell of a sight. 😉 ---
**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\ **Post date:** [July 21, 2002, 1:35pm UTC](https://boards.straightdope.com/t/congressmen-immune-from-arrest/119997/5 "2002-07-21T13:35:25Z")
But the phrase about any speech or debate is hardly obsolete. You cannot sue for libel no matter what a congressman says on the floor. ---
**Author:** ![xyzzy](https://avatars.discourse-cdn.com/v4/letter/x/e36b37/32.png) [@xyzzy](https://boards.straightdope.com/u/xyzzy)\ **Post date:** [July 21, 2002, 3:33pm UTC](https://boards.straightdope.com/t/congressmen-immune-from-arrest/119997/6 "2002-07-21T15:33:13Z")
> [@](#): > > \*Originally posted by Hari Seldon \* > \*\*But the phrase about any speech or debate is hardly obsolete. You cannot sue for libel no matter what a congressman says on the floor. \*\* Yeah, Joe McCarthy abused that law to slander his enemies without fear of a lawsuit. Ever wonder why he never repeated his slander when he wasn’t on the floor? That’s why. I would surely hope that the rule has since been modified to keep that from happening again, though. ---
**Author:** ![BobT](https://avatars.discourse-cdn.com/v4/letter/b/8e8cbc/32.png) [@BobT](https://boards.straightdope.com/u/BobT)\ **Post date:** [July 21, 2002, 6:51pm UTC](https://boards.straightdope.com/t/congressmen-immune-from-arrest/119997/7 "2002-07-21T18:51:09Z")
Since the “rule” is part of the Constitution, the answer is no, it has not been modified. Congress polices itself in this matter. McCarthy was censured by the Senate and that is how such matters are handled. I suppose if it were a particularly egregious case, expulsion would be an option.