10. Federal Immunities (11A/Art 1)

Question 1

What type of issues is Congress immune from prosecution under Speech or Debate Clause (Art 1, Section 6)?

Answer 1

Conduct in regular course of federal legislative procedure

During attendance at sessions in both Houses

Any speech or debate in either House

Question 2

What type of issues is Congress not immune from prosecution?

Answer 2

Bribery

Speech outside of Congress

Republished defamatory statements

Question 3

What type of issues are Federal Executives immune from prosecution?

Answer 3

Civil damages committed during taking office (NOT before)

Lawsuits re issues involving President’s aides

Question 4

What type of communications between Federal Executives are privileged?

Answer 4

National security communications

NOT comms required for criminal proceedings + need for comms shown

Question 5

Who does Speech or Debate Clause protect?

Answer 5

Congress

Legislative aides

Question 6

What type of cases can Federal Court not hear under Eleventh Amendment?

Answer 6

Private citizen vs State Government
- UNLESS Congress intends to prevent State Government’s actual violation of Constitution (Section 5, 14A)

Foreign government vs State Government

Question 7

What type of cases can Federal Court hear under Eleventh Amendment?

Answer 7

Federal/State Government v State Government

Private citizen vs Local Government
- Subdivision of State Government (City/County)

Private citizen vs State Official (Ex Parte Young theory)

• Violation of constitutional right
• Personal damages (Official must pay damages, NOT government)

Federal bankruptcy proceedings

Cases concerning violation of US Constitution/Treaty/Law

Cases re admiralty/maritime

Cases concerning foreign country ambassador/public minister

Express waiver by Congress/State Government