Was Senator Craigs arrest a violation of his Constitutional immunity from arrest?
The section of the Constitution that is under discussion here is Article One, Section Six, which gives members of either house of Congress immunity from arrest for anything but “Treason, Felony and Breach of the Peace,” both “during their Attendance at the Session of their respective Houses, and in going to and returning from the same.” The whole point of this provision was to prevent judges from issuing writs in civil matters with the result of preventing a member of Congress from attending a session and voting. The Supreme Court heard a case entitled Williamson v. U.S. and decided that members of Congress can be arrested for criminal violations. “Treason, Felony and Breach of the Peace” has been interpreted to exclude any criminal violations by members of Congress. Craig pleaded guilty to a criminal charge of orderly conduct which has been deemed to be a “Breach of the Peace.” It’s not just Craig who has tried to use the special immunity members of congress are granted. Just recently
