Independent of the Constitution? -- Issues Raised by an Independent Federal Legislative Ethics Commission with Independent Enforcement Authority
42 U. RICH. L. REV. 543 (2008)
To date, Congress has consistently kept its committees with jurisdiction over the ethical behavior of its members internal to the operations of the House of Representatives and the Senate. Because it has done so, the federal courts have generally refrained from becoming involved in the internal decisions and operational details of such congressional ethics committees. This article explores how the political question doctrine protects each house's decisions regarding the implementation of the rules governing the non-criminal behavior of members of Congress from judicial interference, as long as such rules are implemented by each house of Congress, and not an independent entity.
