Section. 6.
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They 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; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
I’m not your lawyer. This is not legal advice.
This section spells out several important concepts. First, congress-persons must be paid by the government for their services. There was some debate among framers of government whether a constitutional republic should have professional legislators or part-time legislators who must actually earn their crust through honest toil. This leaves both options open, although it also leaves the decision whether to require honest toil in the hands of the people from whom the toil would likely be required. Unsurprisingly, the United States Congress pays better than some other legislative jobs.
This section also expressly gives congress-persons immunity not only from most prosecutions, but even from arrest. This clause protects the legislators from the executive branch—because the Constitution is effective as against the federal government except where it expressly says otherwise—in the delightful dance we call checks and balances. The immunity extends to “speech or debate” in either house, and gives immunity from being questioned about statements made during legislative sessions in, for example, court. This is another check on executive and judicial power.
Further, legislators cannot hold other offices of the United States created during their term, and officers of the U.S. cannot hold legislative office. No Senator-Presidents, is the idea. One government job at a time. Note, however, that a Representative can take a job working weekends at a hardware store.
Next time, we’ll get into something juicy. Or how a bill is passed, which is almost as good.