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2 U.S.C. § 288h — Defense of certain constitutional powers
Federal law — U.S. Code and appendices · legal_authorities
In performing any function under this chapter, the Counsel 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.
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Source file: Laws/federal/codes/united-states-code/title-2/section-288h-defense-of-certain-constitutional-powers--cdf80c0bf6.md
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Source location: Title 2, Chapter 9D, § 288h; chapter-9d-office-of-senate-legal-counsel.md
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In performing any function under this chapter, the Counsel 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.
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Federal law — U.S. Code and appendices · legal_authorities
[Section 5503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section5503&num=0&edition=prelim) shall not apply to officers of the Senate.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; appointment of Counsel and Deputy Counsel; Senate approval; reappointment; compensation**
(1) There is established, as an office of the Senate, the Office of Senate Legal Counsel (hereinafter referred to as the “Office”), which shall be headed by a Senate Legal Counsel (hereinafter referred to as the “Counsel”); and there shall be a Deputy Senate Legal Counsel (hereinafter referred to as the “Deputy Counsel”) who shall perform such duties as may be assigned to him by the Counsel and who, during any absence, disability, or vacancy in the position of the Counsel, shall serve as Acting Senate Legal Counsel.
(2) The Counsel and the Deputy Counsel each shall be appointed by the President pro tempore of the Senate from among recommendations submitted by the majority and minority leaders of the Senate. Any appointment made under this paragraph shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person appointed as Counsel or Deputy Counsel shall be learned in the law, a member of the bar of a State or the District of Columbia, and shall not engage in any other business, vocation, or employment during the term of such appointment.
(3)
(A) Any appointment made under paragraph (2) shall become effective upon approval by resolution of the Senate. The Counsel and the Deputy Counsel shall each be appointed for a term of service which shall expire at the end of the Congress following the Congress during which the Counsel or Deputy Counsel, respectively, is appointed except that the Senate may, by resolution, remove either the Counsel or the Deputy Counsel prior to the termination of any term of service. The Counsel and the Deputy Counsel may be reappointed at the termination of
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 288
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The district courts shall have original and exclusive jurisdiction, without regard to the amount in controversy, of any civil action commenced by any person against an insurer who by contract has insured an individual, who is, or was at the time of the tortious act or omission, a member of a mission (within the meaning of section 2(3) of the Diplomatic Relations Act ([22 U.S.C. 254a(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section254a/3&num=0&edition=prelim))) or a member of the family of such a member of a mission, or an individual described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, against liability for personal injury, death, or damage to property.
**(b)** Any direct action brought against an insurer under subsection (a) shall be tried without a jury, but shall not be subject to the defense that the insured is immune from suit, that the insured is an indispensable party, or in the absence of fraud or collusion, that the insured has violated a term of the contract, unless the contract was cancelled before the claim arose.
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Federal law — U.S. Code and appendices · legal_authorities
Page 128
TITLE 2—THE CONGRESS
§ 288h
ceedings which have involved Congress, a House
of Congress, an office or agency of Congress, or
any committee, subcommittee, Member, officer,
or employee of Congress. Public court papers
and other research memoranda which do not
contain information of a confidential or privi-
leged nature shall be made available to the pub-
lic consistent with any applicable procedures set
forth in such rules of the Senate as may apply
and the interests of the Senate.
(c) Miscellaneous duties
The Counsel shall perform such other duties
consistent with the purposes and limitations of
this chapter as the Senate may direct.
(Pub. L. 95–521, title VII, § 708, Oct. 26, 1978, 92
Stat. 1880; Pub. L. 108–271, § 8(b), July 7, 2004, 118
Stat. 814.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(3) and (c), 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 Judi-
cial Procedure, and amended sections 3210, 3216, and
3219 of Title 39, Postal Service. For complete classifica-
tion of title VII to the Code, see Tables.
AMENDMENTS
2004—Subsec. (a)(3). Pub. L. 108–271 substituted ‘‘Gov-
ernment Accountability Office’’ for ‘‘General Account-
ing Office’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 3, 1979, see section 717 of Pub.
L. 95–521, set out as a note under section 288 of this
title.
§ 288h. Defense of certain constitutional powers
In performing any function under this chapter,
the Counsel 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 deba
Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 288h
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