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"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...." ARTICLE I, SECTION 6, CLAUSE 1

The Privilege from Arrest Clause protects a Member of Congress through a privilege from civil arrest only, but not from other civil processes. The privilege is only valid while Congress is in session. This Clause reflects the times when it was first adopted into the Constitution, when detainment for civil actions were very common (even more common than today). In that sense, it is a hold-over from 1776. The clause does not provide members of Congress with any immunity from criminalprosecution.

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