Immunity

Im·mune
/iˈmyo͞on/

adjective
1. totally or partially resistant to a particular infectious disease or pathogen.
"they were naturally immune to hepatitis B"

2. protected or exempt, especially from an obligation or the effects of something.
"they are immune from legal action"

Sometimes the law does not apply.

Definition

- Legal Immunity: 

Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases. Such legal immunity may be from criminal prosecution, or from civil liability (being subject of lawsuit), or both. The most notable forms of legal immunity are parliamentary immunity and witness immunity.

- Immunity: 

Immunity refers to legal protection that exempts a person from liability, punishment, or legal action that would otherwise apply. Immunity can be granted in various contexts, including criminal and civil cases, administrative proceedings, and legislative inquiries. For example, see "immunity from prosecution"

The concept of immunity has its roots in the common law, but it has been codified in various statutes and legal codes. For example, the U.S. Constitution's Supremacy Clause grants immunity to federal officials performing their official duties.

See also: Diplomatic immunity; Qualified Immunity; Sovereign immunity

Types: 

Absolute immunity, a type of immunity for government officials that confers total immunity when acting in the course of their duties

Amnesty law, a law that provides immunity for past crimes

Charitable immunity, immunity from liability granted to charities in many countries from the 19th century to the mid-20th century

Diplomatic immunity, agreement between sovereign governments to exclude diplomats from local laws

Immunity from prosecution (international law), exclusion of governments or their officials from prosecution under international law

Judicial immunity, immunity of a judge or magistrate in the course of their official duties

Parliamentary immunity, immunity granted to elected officials during their tenure and in the course of their duties

Qualified immunity, in the United States, immunity of individuals performing tasks as part of the government's actions

Sovereign immunity, the prevention of lawsuits or prosecution against rulers or governments without their given consent

Sovereign immunity in the United States, the legal privilege by which the American federal, state, and tribal governments cannot be sued

Spousal privilege, also called spousal immunity, protects a spouse from testifying against the defendant

State immunity, principle of international law that the government of a state is not amenable before the courts of another state

Witness immunity, immunity granted to a witness in exchange for testimony



________

ArtII.S3.5 Presidential Immunity

ArtII.S3.5.1 Presidential Immunity to Suits and Official Conduct

ArtII.S3.5.2 Presidential Immunity to Suits and Unofficial Conduct

ArtII.S3.5.3 Qualified Immunity Doctrine

Privileges and Immunities v Due Process

Here's a link to an article in the National Law Journal that analyses the arguments used before the Supreme Court in the gun rights case, McDonald v. Chicago.

The attempt to persuade the court to use the privileges and immunities clause as the legal reasoning behind the case apparently failed, so the due process clause was used instead. There's inside info here that I'm not privy to, but it seems that some of the justices are uncomfortable with extending rights to the state, but felt the need to in this second amendment case. Their task was to ensure they did not extend this right using an argument that might be applied elsewhere.

I may be wrong in my reasoning though.

This'll be a good read for my 2302s as we begin to discuss the judiciary following the break

McDonald v. Chicago

According to ScotusBlog, a challenge to Chicago's gun control laws (McDonald v Chicago) will focus on the Fourteenth Amendment's Privileges and Immunities Clause and ask the court to reconsider a decision it made in 1873 -- The Slaughter House Cases.

- Petitioner's Brief.
- Findlaw: Fourteenth Amendment's Privileges and Immunities Clause.