Can I sue members of Congress?
by Wayne Chastain, an attorney with Memphis Area Legal Services (MALS) who claimed that he had been defamed by a letter Sundquist wrote to then-Attorney General William French Smith. …
Can you sue someone for violating your constitutional rights?
Individuals whose constitutional rights are violated by the state government are legally entitled to file a civil action to recover damages. This can be done because of Section 1983, an abridged term for 18 U.S.C. Section 1983, which provides US citizens the right to sue government officials and employees.
Are members of Congress immune from prosecution?
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.
Why are Congress members immune from prosecution?
The intended purpose is to prevent a president or other officials of the executive branch from having members arrested on a pretext to prevent them from voting a certain way or otherwise taking actions with which the President might disagree. It also protects members from civil suits related to their official duties.
Can members of Congress be sued for statements made while attending a session?
Congressional immunity rests on Art. I, Sec. 6 of the Constitution, which declares senators and representatives privileged from arrest during attendance at sessions, and provides that “for any speech or debate in either House, they shall not be questioned in any other place”.
What is pocket veto of US president?
A pocket veto occurs when Congress adjourns during the ten-day period. The president cannot return the bill to Congress. The president’s decision not to sign the legislation is a pocket veto and Congress does not have the opportunity to override.
Is it a crime to violate the constitution?
The only crime established in the constitution is treason.
What happens if the government violates the constitution?
When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. In some countries, the legislature may create any law for any purpose, and there is no provision for courts to declare a law unconstitutional.
Can Congress be charged with treason?
The final clause of this Section establishes that, while Congress has the general power to establish the penalties for committing treason, Congress may not “work corruption of blood, or forfeiture except during the life of the person” convicted of treason.
Can Senators be sued for statements made during a session?
Speech and debate clause protects Congress members from lawsuits over legislative speech. The general purpose of the speech and debate clause is to protect members of Congress from having to worry that anything they say in the course of legislative activities will implicate them in a lawsuit.
Has staggered terms to ensure stability and continuity?
The Board of Governors, also known as the Federal Reserve Board, is the national component of the Federal Reserve System. The board consists of the seven governors, appointed by the president and confirmed by the Senate. Governors serve 14-year, staggered terms to ensure stability and continuity over time.
Can a bill become law without the President’s signature?
The bill is sent to the President for review. A bill becomes law if signed by the President or if not signed within 10 days and Congress is in session. If Congress adjourns before the 10 days and the President has not signed the bill then it does not become law (“Pocket Veto.”)
Can you sue the US Congress?
You can sue Congress. Very much so just as easily as they can be impeached. There are laws such as a Federal 1983 act and an FTCA that make individual acts of government officers and employees legally held accountable.
Why was the lawsuit brought against Congress?
The lawsuit was brought because Congress has refused to obey the law of the Constitution. Such refusal obviously establishes the objective of the members of Congress to overthrow our form of government by establishing they (the members of Congress) can disobey the law of the Constitution and thus overthrow our constitutional form of government.
Did Congress violate the law by refusing an Article V Convention?
In refusing to obey the law of the Constitution and call an Article V Convention when required to do so, the members of Congress not only violated federal income tax law but their oath of office as well. The Constitution requires that all members of Congress must take an oath of office to support the Constitution before assuming office.
Why do members of Congress swear an oath to uphold the Constitution?
The reasoning here is very simple. All members of Congress swear an oath to protect and defend the Constitution, which establishes a republican form of government.