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View Diary: Sen. Rand Paul to make a federal case (literally) about his airport detainment (135 comments)

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  •  It is un-Constitutional to detain a Senator (5+ / 0-)

    Technically speaking, he really doesn't have to put up with it like the rest of us..

    This article sums it up..

    The U.S. Constitution actually protects federal lawmakers from detention while they’re on the way to the capital.

    “The Senators and Representatives…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….” according to Article I, Section 6.

    That said.. If we have to subject ourselves to these intrusions, he should as well!

    •  He can, however, be kept off a plane. n/t (1+ / 0-)
      Recommended by:
      gustynpip

      But nobody's buying flowers from the flower lady.

      by Rich in PA on Mon Jan 23, 2012 at 01:55:33 PM PST

      [ Parent ]

      •  Only by the pilot not by the Executive (3+ / 0-)
        Recommended by:
        Jerry J, AoT, BusyinCA

        No cop or TSA agent can arrest him, and hence no cop or TSA agent can actually prevent him from attempting to board the plane.

        the pilot works for a private company and can refuse to carry him.

        its  fun theoretical.  I never did find out what the upshot of Bush putting Ted Kennedy on the no fly list was but its about the same level of stupid.

        Like I said Ihad brief hope that htis might influence a change, but all the paulite could come up with was the lamest of consiracy theories.

        there is only one reality, republicans just forget at times

        by Bloke on Mon Jan 23, 2012 at 02:01:48 PM PST

        [ Parent ]

    •  Truth is, however, (2+ / 0-)
      Recommended by:
      Jerry J, tb mare

      he was not on his way to the capital, he was on his way to a political event.  I don't believe the geographic location of that event in the nation's capital invokes that Constitutional clause.

      You can't spell CRAZY without R-AZ.

      by rb608 on Mon Jan 23, 2012 at 02:02:03 PM PST

      [ Parent ]

      •  the Senate is in session.... (2+ / 0-)
        Recommended by:
        Jerry J, rb608

        I am fairly sure that he could simply claim that he was going to his very none libertarian, anti woman, forced birth meeting before stopping off at his office in the capitol.  If a Senator is traveling to or from washington It would be a very brave police officer who would arrest them (I have never understood why Larry Craig got arrested).  

        The typical example given is a congress critter caught drinking and driving in DC, all he has to slur is that he is on his way to the house and the officer must let them go.  One hopes that the officer would give them a ride but no arrest or detention is allowed.

        there is only one reality, republicans just forget at times

        by Bloke on Mon Jan 23, 2012 at 02:10:11 PM PST

        [ Parent ]

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