From: Allen Robinson <sebaygo@intellinet.com>
Date: Fri, 14 Jul 95 10:35:24 PDT
To: "Perry E. Metzger" <perry@imsi.com>
Subject: misfeasance in office (was: Re: Root Causes)
In-Reply-To: <9507140252.AA13485@snark.imsi.com>
Message-ID: <Pine.3.89.9507141215.B8511-0100000@sibyl.intellinet.com>
MIME-Version: 1.0
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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

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"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
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