关键词:
PRIVILEGES & immunities (Law)
LEGISLATORS -- United States
CONSTITUTIONAL law -- United States
SENATORS (U.S.) -- Legal status, laws, etc.
DISCLOSURE of information -- Law & legislation
ACTIONS & defenses (Law) -- United States
LEGAL status, laws, etc.
摘要:
The Supreme Court has not indicated whether the privilege granted by the Speech or Debate Clause permits legislators to refuse to disclose documents relating to legislative actions. The Ninth and D.C. Circuits, however, have considered this question. The D.C. Circuit broadly interpreted the Clause and determined that it privileges legislators' documents. In contrast, the Ninth Circuit decided that when the legislative action at issue is not protected by the privilege, the Clause does not prohibit the review of relevant documents referencing legislative acts. In Part II, this note explains the current interpretation of the Speech or Debate Clause as set forth by Supreme Court decisions. Part III discusses the D.C. and Ninth Circuit cases creating the circuit split regarding the privilege's application to document disclosure. Part IV analyzes the Speech or Debate Clause using textual, historical, and ethical constitutional interpretive methods.