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Bender quoted in ‘Republic’ column regarding Arizona’s immunity clause
, Professor of Law and Dean Emeritus, was quoted in a Feb. 28
column entitled, “Scott Bundgaard’s bogus immunity,” by columnist Laurie Roberts.
The column discussed a clause in the Arizona State Constitution that provides immunity to state lawmakers from arrest except for in cases of treason, felony and breach of peace. The clause was deemed moot by the U.S. Court. However, Roberts argues that Senate Majority Leader Scott Bundgaard recently used this clause to avoid arrest after a public fight with his girlfriend.
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Bender explained that the immunity clause is common in constitutions to make sure that laws aren’t made due to the fact that the lawmaker is behind bars.
“I suppose the people who drafted the constitution, one, didn’t think that somebody being arrested for a relatively minor crime ought to be able to change a result in the Legislature and, maybe even more so, thought that, because of politics, somebody who was trying to influence what the Legislature did might arrest some people in the Legislature,” Bender said.
Bender teaches courses on U.S. and Arizona constitutional law. He has written extensively about constitutional law, intellectual property and Indian law, and is co-author of the two-volume casebook/treatise,
Political and Civil Rights in the United States
. Bender has argued more than 20 cases before the U.S. Supreme Court and actively participates in constitutional litigation in federal and state courts.