Of course requiring conviction of a felony as grounds for arrest for a felony absurd, but as usual that isn't what I said. What I said was that it's reasonable to suppose that the standards for probable cause might be higher to overcome an immunity granted by the Constitution. Everyone has Fourth Amendment protections, and Congressman have that plus this additional protection. Logically, the standard is higher.
Philosophically it ought to be higher, too. This is separation of powers we're talking about here, the most holy of holies in our system, and the line is not to be crossed lightly. Always reason from first principles: The Founders thought it was worth adding the additional protection of I.6, so it's there for a good reason, that being to shore up separation and protect the Legislative branch from attack by the Executive using its police powers. The Executive branch has its own set of symmetrical protections. We disregard the Founders at our peril.
I have to say I'm surprised at your vehemence on this topic, Tom. The notion of rare agreement between Democrats and Republicans may be toxic to your partisan DNA, but the very fact that it's so rare ought to give you pause when it does happen to stop and think before huffing and puffing. How serious does a problem have to be, these days, to get Repubs and Dems on the same side?
Current Events » in reply to Nobody arrested him, did they?
probable cause
The whole thread (31 posts)
- Sorry, laws are for the little people.
- Another commentary, with some more details.
- Whoa. Check out Jerry Pournelle on this.
- There is a separation of branches issue
- Sorry about all the geek jars dropping, but
- Article I, Section 6
- I see little difference between Republicans & Democrats
