Reading Room Document

The Power of Congress to Abrogate its Members' Rights under the Speech or Debate Clause

The document is a memorandum discussing the power of Congress to abrogate its members' rights under the Speech or Debate Clause of the Constitution. The conclusion reached in the document is that Congress may not "waive" or abrogate its members' rights under the Speech or Debate Clause. The document presents questions for review regarding whether Congress has the power to abrogate its members' Speech or Debate Clause protection and the implications of such abrogation on the legislative process. It also discusses the potential arguments in support of Congress's power to "waive" its members' Speech or Debate privilege, including Congress's expertise in interpreting the clause and the preference for judicial trials over legislative proceedings.

January 16, 1981