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To: Copernicus
We live in a Constitutional Republic, not a democracy, with due process and separation of powers designed to trump the passions of the moment.

We do indeed live in a Constitutional Republic and the Constitution of the United States specifically addresses the issue that the separation of powers doctrine does NOT give a Congressman immunity from criminal law.

Section 6, Article 1, of the Constitution:

"Sec. 6. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United 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."

The issue has also been specifically addressed by the U.S. Supreme Court:

U.S. Supreme Court WILLIAMSON v. U.S., 207 U.S. 425 (1908) ......"from the foregoing it follows that the term 'treason, felony, and breach of the peace,' as used in the constitutional provision relied upon, excepts from the operation of the privilege all criminal offenses,...."

Taking bribes is a felony and, therefore, the very words of the Constitution strip this Congressman of any claim to constitutional immunity from the investigative process, arrest, incarceration, prosecution and potential sentencing associated with such a felony.

150 posted on 05/28/2006 8:35:59 AM PDT by Polybius
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To: Polybius

That seems to address the salient issue involved here, good post.


156 posted on 05/28/2006 8:41:15 AM PDT by yuta250
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To: Polybius

POST OF THE DAY.

Thanks.


182 posted on 05/28/2006 8:58:31 AM PDT by Petronski (I just love that woman.)
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To: Polybius
U.S. Supreme Court WILLIAMSON v. U.S., 207 U.S. 425 (1908) ......"from the foregoing it follows that the term 'treason, felony, and breach of the peace,' as used in the constitutional provision relied upon, excepts from the operation of the privilege all criminal offenses,...."

Good find. As I stated earlier, the Congressmen are blowing smoke. The Constitution provides no immunity concerning the commission of felonies.

283 posted on 05/28/2006 11:42:46 AM PDT by El Gato
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