This is protected under the speech or debate clause in Article I of the US constitution.
Indeed, a clause in Article 41 of the Irish Constitution has even been read as a ban on same-sex marriage.
He cited the "capitation clause" in Article I, which provides that Congress can impose direct taxes only if they are apportioned according to the population of each state.
The clause, in Article II, states, "The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session".
The focus of the litigation is the 16-word clause in Article 1, Section 8 of the Constitution that allows Congress to regulate interstate commerce, a provision the court has interpreted broadly but not without boundaries.
He wrote that the provision could not be rescued by an associated clause in Article I that gives Congress broad authority to make laws "necessary and proper" to carrying out its designated responsibilities.
The clause, in Article II, reads: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
She referred to the clause in Article II of the United States Constitution that gives state legislatures the authority to determine the manner of choosing the state's presidential electors.
The big technicality, of course, is a clause in Article II, Section 1, of the Constitution — the one that states, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President".
Mr. Clark, of White & Case, points to a clause in Article 65 of the European Union treaty that says that the pledge on free movement should not prevent countries from taking measures "which are justified on grounds of public policy or public security".
