text size
HomelearningcenterCongressional Members and the laws they pass

Congressional Members and the laws they pass

Question: Are Members of Congress exempt from the laws they pass?

Answer: No, with one exception.

Members of Congress are subject to the same laws as all Americans, with one exception.
 Article 1, Section 6 of the Constitutionwhich states:
 
“They [Congress] 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.”
 
Article 1, Section 6 of the Constitution was created to protect the legislative branch from abuses of influence or authority by the executive branch.  The exception does not apply to Members of Congress when Congress is not in session, and it does not provide Members immunity from prosecution for commission of a crime.  In all other cases, Members of Congress are subject to all federal, state, and local laws.