Title 2 — The Congress
Chapter 9D — Office of Senate Legal Counsel
§ 288h. Defense of certain constitutional powers
Statutory text
In performing any function under this chapter, the Counsel shall defend vigorously when placed in issue—
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;
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;
the constitutional power of the Senate to except from publication such parts of its journal as in its judgment may require secrecy;
the constitutional power of the Senate to determine the rules of its proceedings;
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;
all other constitutional powers and responsibilities of the Senate or of Congress; and
the constitutionality of Acts and joint resolutions of the Congress.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and seventy-six, and for other purposes
Pub. L. 95–521 title VII § 709 · 92 Stat. 1824
Enacted · 2 U.S.C. § 288h
(Pub. L. 95–521, title VII, § 709, Oct. 26, 1978, 92 Stat. 1881.)
Source evidence
Code source credit
(Pub. L. 95–521, title VII, § 709, Oct. 26, 1978, 92 Stat. 1881.)Enacted provision · exact public law section
Sec. 709. defense of certain constitutional powers In performing any function under this title, the Counsel 2 USC 288h. 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.
1 of 1 references resolved to an enrolled provision
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective , see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.