US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

TENNEY V. BRANDHOVE, 341 U. S. 367 (1951)

Subscribe to Cases that cite 341 U. S. 367 RSS feed for this section

U.S. Supreme Court

Tenney v. Brandhove, 341 U.S. 367 (1951)

Tenney v. Brandhove

No. 338

Argued March 1, 1951

Decided May 21, 1951

341 U.S. 367


Respondent sued petitioners in the Federal District Court for damages under 8 U.S.C. §§ 43 and 47(3), alleging that, in connection with an investigation by a committee of the California Legislature, he had been deprived of rights guaranteed by the Federal Constitution. Petitioners are the committee and the members thereof, all of whom are members of the legislature.

Held: From the allegations of the complaint, it appears that petitioners were acting in a field where legislators traditionally have power to act; and 8 U.S.C. §§ 43 and 47 (3) do not create civil liability for such conduct. Pp. 341 U. S. 369-379.

(a) The privilege of legislators to be free from arrest or civil process for what they do or say in legislative proceedings has been carefully preserved in the formation of our State and National Governments. Pp. 341 U. S. 372-375.

(b) By 8 U.S.C. §§43 and 47(3), Congress did not intend to limit this privilege by subjecting legislators to civil liability for acts done within the sphere of legislative activity. P. 341 U. S. 376.

(c) The privilege is not destroyed by a claim that the motives of the legislators were improper. P. 341 U. S. 377.

(d) In order to find that a legislative committee's investigation has exceeded the bounds of legislative power, it must be obvious that there was a usurpation of functions exclusively vested in the Judiciary or the Executive. P. 341 U. S. 378.

(e) Legislative privilege deserves greater respect in a case in which the defendants are members of the legislature than where an official acting on behalf of the legislature is sued or where the legislature seeks the affirmative aid of the courts to assert a privilege. P. 341 U. S. 379.

183 F.2d 121, reversed.

In an action brought by respondent against petitioners under 8 U.S.C. §§ 43 and 47(3), the District Court dismissed the complaint. The Court of Appeals reversed. 183 F.2d 121. This Court granted certiorari. 340 U.S. 903. Reversed, p. 341 U. S. 379. chanroblesvirtualawlibrary

Page 341 U. S. 369

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™