Gravel v. United States 408 U. S. 606 (1972) Facts of the Case Senator Mike Gravel of Alaska was given a copy of the classified “Pentagon Papers” in 1971. After he received the classified documents, he called a meeting of his subcommittee in the Senate and shared their contents with the others in the subcommittee. He also allegedly arranged to publish the documents through Beacon Press. A federal grand Jury, in the process of an investigation of possible federal law violations, subpoenaed one of Senator Gravel’s aides.
Senator Gravel protested this ubpoena arguing that requiring the aide to testify would be a violation of the Speech and Debate clause. The Law Article 1, Section 6 of the United States Constitution. Specifically the Speech and Debate Clause. Legal Questions 1 . Under the Speech and Debate Clause, are members of Congress exempt from questioning in the investigation of the commission of a crime? Yes 2. Are aides to members of Congress also protected under the Speech and Debate Clause? Yes 3. Is Senator Gravel’s alleged arrangement with Beacon Press protected by the Speech and Debate Clause?
No Opinion of the Court (White) The Speech and Debate clause of the U. S. Constitution was intended to protect members of Congress from any prosecution that disrupts the legislative process. Therefore, Gravel is Justified in his claim that he is protected under it. The aides of a member of Congress are perceived by the Court to be “alter egos” of the member itself. Thus, the Court holds that, by the indistinguishable nature of the characteristics and duties of the members and their aides, the protection provided by the Speech and Debate Clause should be extended to the aides.
The Court adds ne caveat: aides are exempt from grand Jury questioning only if a member of Congress invokes the privilege on their behalf. The Court interprets the Speech and Debate clause to extend to only those within the legislative sphere. The clause is only understood by the Court to apply to “integral parts of the deliberative and communicative processes by which members participate in… proceedings. ” Senator Gravel’s attempted publication through Beacon Press is not essential to Congressional deliberations. Therefore, the privilege does not extend to the alleged arrangement. Dissenting Opinion (Brennan)
By excluding the alleged arrangement between Gravel and Beacon Press from the protection of the Speech and Debate clause, the Court narrows the scope of the clause too far. Brennan argues that the Court, in its decision, has neglected to protect the member’s duty to “inform the public. ” Evaluation The ruling of the Court in this case both broadened and narrowed the scope of protection under the Speech and Debate clause. It extends protection to the aides of members of Congress but denies protection to agencies outside the legislative branch of the U. S. government. Gravel v. US By huntere92
American Government Topic Powerpoint Presentation
American Government Topic Powerpoint Presentation.
Assignment Instructions This is the last piece of your class project. Imagine the presentation has been approved by the president and will be publicly published to sell the president’s ideas. See the overview of the project for a refresher on the purpose. Take your research from the essays and present it in a multimedia presentation using PowerPoint. Here’s a link to instructions on using PowerPoint if you’re new to it. APUS provide access to Office 365. Even if you don’t want to use Microsoft, OfficeOpen Office can also be used to create PowerPoint presentations, . Alternative formats are acceptable too if available to you, such as Prezio or Knovio with free version or free trials. There is no need to purchase additional software to complete the assignment. REQUIREMENTS A title slide and reference slide. Each topic will have a four-slide minimum to explain the problem, illustrate the competing solutions, and explain why one is better. At least one use of animation and one sound should be used within the final product.
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