Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
_The Franking Privilege._--Another privilege which Congress allows its
members is to send their mail through the post office without the
payment of postage. The spirit of the law restricts the privilege to the
official correspondence of members, but the privilege is generally
abused. Thus a senator from South Carolina was recently criticized by
the post-office department for franking his typewriter through the
mails. President Taft in his annual message to Congress in December,
1910, dwelt upon the abuses of this privilege by members of Congress and
other government officials. The postmaster general in 1914 called
attention to a recent instance in which more than 300,000 pamphlets were
circulated under the frank of a member of Congress, the postage on which
would have amounted to $57,000. They related not to public business but
to the interest of a certain industry in which he was concerned.
=Rights and Privileges of Members of Congress.=--The Constitution
provides that members shall not be arrested in any case except treason,
felony, and breach of the peace, during their attendance at the
sessions of their respective houses and in going to and from the same;
and for any speech or debate in either house, they cannot be questioned
in any other place. The purpose of the first provision is to prevent
interference with members in the discharge of their high and responsible
duties, through arrest for trivial offenses or trumped-up charges. If a
member, however, commits an offense amounting to a breach of the peace,
his immunity from arrest ceases and he may be dealt with by the courts
as any other offender. The object of the second provision is to secure
to members absolute freedom of speech on the floor of Congress by
relieving them from the liability to prosecution for slander for
anything they may say in the course of debate.
_Disqualifications._--On the other hand, the Constitution provides that
no person holding any office under the United States shall be a member
of either house of Congress during his continuance in office. This
provision was adopted in pursuance of the view that the executive and
legislative departments should, as far as practicable, be kept separate.
Moreover, no senator or representative may, during the time for which he
is elected, be appointed to any civil office which shall have been
created or the emoluments of which shall have been increased during such
time. The purpose of this provision is to prevent Congress from creating
new offices or increasing the salaries of existing offices for the
benefit of members who might desire to be appointed to them.
=Special Functions of the Senate.=--The senate is not only a coequal
branch of the national legislature but it possesses in addition certain
powers not enjoyed by the lower house.
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