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the ability of both houses

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the ability of both houses

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This is the so-called "Speech and Debate Clause." It is in Article I, Section 6, Clause 1. Among certain other protections it gives Congressmen, it states that: ". . . and for any speech or debate in either House, they shall not be questioned in any other place."

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Speech and Debate Clause

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The Constitution's Speech and Debate clause is important because it protects members of Congress from being questioned in a court of law about any particular aspect of a speech that is made. No evidence presented before a court of law may be a speech made before either the Senate or the House of Representatives under this provision. Such evidence must be tossed out as in violation of the Constitution.

It is important to note, however, that the Supreme Court has eliminated from protection by this clause any statement made by the Representative or Senator in a press release or in a speech made outside of the meeting chambers of Congress. The Court has ruled that these actions do not fall under the "deliberative" aspect of Congress, which is why the provision came into play. Rather, they fall under the "informing" aspect, whereby the public is informed of actions of Congress, thus exempting them from the Speech and Debate Clause.

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The principle that was weakened was Congressional Immunity. The Watergate scandal effectively reduced the protections provided by the Speech and Debate Clause.

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