§ 288h. — Defense of certain constitutional powers.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 2USC288h]
TITLE 2--THE CONGRESS
CHAPTER 9D--OFFICE OF SENATE LEGAL COUNSEL
Sec. 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 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.
(Pub. L. 95-521, title VII, Sec. 709, Oct. 26, 1978, 92 Stat. 1881.)