SEPARATION OF POWERS
House Speaker Hastert and Minority Leader Pelosi have complained bitterly about the FBI's search of the offices of Representative William Jefferson. They said that this action was a gross violation of the constitutional principle of separation of powers and demanded return of documents seized.
The constitution provides that members "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."
I don't know what judicial interpretations of this provision have been, but it seems on the face of it that the executive branch was within its rights in investigating an alleged "felony".
House Speaker Hastert and Minority Leader Pelosi have complained bitterly about the FBI's search of the offices of Representative William Jefferson. They said that this action was a gross violation of the constitutional principle of separation of powers and demanded return of documents seized.
The constitution provides that members "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."
I don't know what judicial interpretations of this provision have been, but it seems on the face of it that the executive branch was within its rights in investigating an alleged "felony".
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