Congress' Self-Exemptions: Lawmaking For Themselves, Not The People

There are some laws that do not apply to Congress, such as the Freedom of Information Act (FOIA). This is because it has been seen as possibly interfering with their constitutional duties and functions. For example, a Member of Congress cannot fire or remove a Federal prosecutor, appoint a Federal prosecutor, supervise Federal prosecutions or investigations, nor make decisions which affect the day-to-day conduct of criminal investigations.

The Freedom of Information Act (FOIA) does not apply to Congress

Congress has the power to create laws that apply only to its members. For example, the Freedom of Information Act (FOIA) does not apply to Congress. Passed in 1966, the FOIA gives US citizens the right to access federal agency records so they can understand their government's operations and activities. However, it does not provide for the right to access records held by Congress, the courts, or by state or local government agencies.

Congressional coverage under FOIA would raise different issues from those posed by the application to Congress of civil rights, labour, or other laws. For example, there is concern that the law, which would require Members of Congress to recuse and disqualify themselves from carrying out their functions of voting or working on legislation, would disenfranchise the entire constituency of a Member who is forced to disqualify themselves on a matter.

The FOIA also requires agencies to proactively post certain categories of information online, including frequently requested records. The Office of Government Information Services (OGIS) offers mediation services to resolve disputes between FOIA requesters and agencies as an alternative to litigation.

Civil rights laws do not apply to Congress

The Freedom of Information Act (FOIA) also does not apply to Congress. This is because it would raise different issues from those posed by the application to Congress of civil rights, labour, or other laws.

There is also concern that civil rights laws, which would require Members of Congress to recuse and disqualify themselves from carrying out their functions of voting or working on legislation, would disenfranchise the entire constituency of a Member who is forced to disqualify themselves on a matter. Unlike appointed bureaucrats in the executive branch, there is no assistant or deputy Member of Congress to work on that issue for those constituents.

Labor laws do not apply to Congress

Congress is not subject to the Freedom of Information Act (FOIA). This is because it is thought that applying this measure to Congress would raise different issues from those posed by the application of civil rights, labour, or other laws.

Congress is also not subject to laws that allow them to fire or remove a Federal prosecutor, appoint a Federal prosecutor, supervise Federal prosecutions or investigations, or make decisions which affect the day-to-day conduct of criminal investigations.

A law passed around the time of the Civil War has not applied to elected Federal officials because it has been seen as possibly interfering with their constitutional duties and functions. For example, there is concern that a law requiring Members of Congress to recuse and disqualify themselves from carrying out their functions of voting or working on legislation would disenfranchise the entire constituency of a Member who is forced to disqualify themselves on a matter.

Congress cannot fire or remove a Federal prosecutor

Congress is also exempt from other laws, such as the Freedom of Information Act (FOIA). This is because applying FOIA to Congress would raise different issues from those posed by the application of civil rights, labour, or other laws.

There are also laws that do not apply to elected Federal officials because they are seen as possibly interfering with their constitutional duties and functions. For example, there is concern that a law requiring Members of Congress to recuse and disqualify themselves from carrying out their functions of voting or working on legislation would disenfranchise the entire constituency of a Member who is forced to disqualify themselves on a matter.

Congress cannot appoint a Federal prosecutor

The Freedom of Information Act (FOIA) also does not apply to Congress. This is because applying it to Congress would raise different issues from those posed by the application of civil rights, labour, or other laws.

There is a law, passed around the time of the Civil War, that does not apply to elected Federal officials. This is because it has been seen as possibly interfering with their constitutional duties and functions. For example, there is concern that a law requiring Members of Congress to recuse and disqualify themselves from carrying out their functions of voting or working on legislation would disenfranchise the entire constituency of a Member who is forced to disqualify themself on a matter.

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