On Thu, 13 Jul 1995, Perry E. Metzger wrote:
David K. Merriman writes:
Is there any precedence or possibility of either filing civil or criminal charges against a Government official for their _official_ actions?
Not only is it a bad idea politically, but in fact members of congress are made specifically immune by the constitution from any legal action being taken against them for their words or actions during sessions of congress by any body other than congress.
While I recognize this to be the case, it remains exceedingly frustrating. It would seem that a textbook example of misfeasance (not malfeasance) would be the act of introducing and/or participating in the passage of legislation that a member knew or should have known was unconstitutional -- at least when misfeasance is defined as "the performance of a duty or right which one has the right to do, but in a manner such as to infringe upon the rights of others." [anno. 20 ALR 104] AR %#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#% "Government is not reason... it is force. Like fire, it is a dangerous servant and a fearful master." - George Washington +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Allen Robinson...................................sebaygo@intellinet.com PGP public key AD022AA9 fingerprint 5A3BC05B2EC67724 F5664A20AEEAB07A