{"id":30991,"date":"2024-08-16T15:10:10","date_gmt":"2024-08-16T20:10:10","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/article1\/annotation21.html"},"modified":"2024-08-16T15:17:04","modified_gmt":"2024-08-16T20:17:04","slug":"annotation21","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/article1\/annotation21.html","title":{"rendered":"Article I, Section 6: Congressional Pay and Privileges"},"content":{"rendered":"\n
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Article I, Section 6: Congressional Pay and Privileges<\/h1>\n
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\n By Balrina Ahluwalia, Esq.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Article I, Section 6 of the Constitution of the United States addresses Congressional compensation, protections, and limitations. To best understand it, we look to its historical background, Supreme Court interpretations, and Article I as a whole.<\/p>\n\n <\/div>\n\n

Article I<\/a>, Section 1 of the U.S. Constitution<\/a> establishes Congress as the legislative branch of government. It reads:<\/p>\r\n

"All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."<\/i><\/p>\r\n

This clause creates the federal government\u2019s bicameral legislature<\/a>, made up of two congressional bodies. The Framers developed it to limit the legislative power of the judicial and executive branches<\/a>. It also limits Congress\u2019s powers to those specified in the Constitution.<\/p>\r\n

Although the Supreme Court has interpreted these enumerated powers expansively, it\u2019s also affirmed that Congress\u2019s power is indeed subject to limitations.<\/p>\r\n

As one of its first orders of business, the Senate<\/a> worked on the Bill of Rights<\/a>, and the House of Representatives tackled congressional pay. Despite James Madison\u2019s contention that senator duties warranted higher compensation than that of House members, the Framers ultimately decided otherwise.<\/p>\r\n

An examination of the history behind Article I, Section 6, and associated clauses provides valuable insight into the Framers\u2019 considerations. Likewise, Supreme Court decisions interpreting these Constitutional provisions help to contextualize subsequent legislation.<\/p>\r\n

Article I, Section 6<\/b><\/h2>\r\n

Article I, Section 6 of the Constitution addresses the rights and limitations (\u201cdisabilities\u201d) of members of Congress. Clause 1 covers Congressional pay, privileges, and immunities. Clause 2 restricts members of Congress from holding other federal offices while they serve in the legislature. Together, they read:<\/p>\r\n

\u201cThe 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.<\/i><\/p>\r\n

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office."<\/i><\/p>\r\n

Clause 1 provides that the federal government will compensate Senate and House members according to pay-rate legislation passed by Congress. We discuss these legislative acts in more detail below.<\/p>\r\n

Privilege from Arrest<\/b><\/h3>\r\n

The privilege-from-arrest language from Clause 1 in Article I, Section 6 is almost entirely outdated. It only applies to civil suit arrests, which were common when the Constitution was ratified. It provides no immunity in criminal cases.<\/p>\r\n

Speech or Debate Clause<\/b><\/h3>\r\n

Clause 1 of Section 6 ends with the "speech or debate clause." As the Supreme Court explained in U.S. v. Brewster<\/i><\/a> <\/i>(1972):<\/p>\r\n

\u201cThe immunities of the Speech or Debate Clause were not written into the Constitution simply for the personal or private benefit of members of Congress, but to protect the integrity of the legislative process by insuring the independence of individual legislators."<\/p>\r\n

Accordingly, this protection extends to legislative activity, including:<\/p>\r\n