Of more importance, the Congressional Record is published daily and includes verbatim
transcripts of the debates.
(4) Neither House, during the Session of Congress, shall, without the Consent of the other,
adjourn for more than three days, nor to any other Place than that in which the two Houses
shall be sitting.
Article 1
Section 6
(1) The Senators and Representatives shall receive a Compensation for their Services, to
be ascertained by Law, and paid out of the Treasury of the United States. They shall in all
Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their
Attendance at the Session of their respective Houses, and in going to and returning from
the same; and for any Speech or Debate in either House, they shall not be questioned in any
other Place.
COMMENTARY:
The privilege of immunity (freedom from arrest) while going to and from congressional
business has little importance today. Members of Congress, like anyone else, may be arrested
for breaking the law. They may be tried, convicted, and sent to prison.
Congressional immunity from charges of libel and slander remains important. Libel is an
untrue written statement that damages a person’s reputation. Slander is a spoken statement
that does so. Immunity under the speech and debate clause means that members of Congress
may say whatever they wish in connection with congressional business without fear of being
sued. This immunity extends to anything said by members during debate, in an official report,
or while voting.
(2) No Senator or Representative shall, during the Time for which he was elected, be
appointed to any civil Office under the Authority of the United States, which shall have been
created, or the Emoluments whereof shall have been encreased during such time; and no
Person holding any Office under the United States, shall be a Member of either House during
his Continuance in Office.
COMMENTARY:
These provisions keep members of Congress from creating jobs to which they can later be
appointed, or while serving in Congress from raising salaries of jobs they hope to hold in the
future, and from holding office in the other branches of the government.
In 1909, Senator Philander C. Knox resigned from the Senate to become Secretary of State.
But the salary of the Secretary of State had been increased during Knox’s term as Senator. In
order that Knox might accept the post, Congress withdrew the salary increase for the period of
Knox’s unfinished term.