2017 US Code
Title 2 - The Congress
Chapter 9D - Office of Senate Legal Counsel
Sec. 288h - Defense of certain constitutional powers

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Citation 2 U.S.C. § 288h (2017)
Section Name §288h. Defense of certain constitutional powers
Section Text

In performing any function under this chapter, the Counsel shall defend vigorously when placed in issue—

(1) the constitutional privilege from arrest or from being questioned in any other place for any speech or debate under section 6 of article I of the Constitution of the United States;

(2) the constitutional power of the Senate to be judge of the elections, returns, and qualifications of its own Members and to punish or expel a Member under section 5 of article I of the Constitution of the United States;

(3) the constitutional power of the Senate to except from publication such parts of its journal as in its judgment may require secrecy;

(4) the constitutional power of the Senate to determine the rules of its proceedings;

(5) the constitutional power of Congress to make all laws as shall be necessary and proper for carrying into execution the constitutional powers of Congress and all other powers vested by the Constitution in the Government of the United States, or in any department or office thereof;

(6) all other constitutional powers and responsibilities of the Senate or of Congress; and

(7) the constitutionality of Acts and joint resolutions of the Congress.

Source Credit

(Pub. L. 95–521, title VII, §709, Oct. 26, 1978, 92 Stat. 1881.)

Editorial Notes REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this title", meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.

EFFECTIVE DATE

Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.

Publication Title United States Code, 2012 Edition, Supplement 5, Title 2 - THE CONGRESS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 2 - THE CONGRESS
CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL
Sec. 288h - Defense of certain constitutional powers
Contains section 288h
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law No
Disposition standard
Statutes at Large References 92 Stat. 1881
Public Law References Public Law 95-521
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