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"Each House may decide the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member."
—Article 1, section 5, clause 2

The Constitution grants the House broad power to discipline its Members for acts that range from criminal misconduct to violations of internal House Rules. While the ramble authority to punish a Member who engages in "disorderly Behaviour" is intended, in part, as an instrument of individual rebuke, it serves principally to protect the reputation of the establishment and to preserve the dignity of its proceedings.

Over the decades, several forms of discipline have evolved in the House. The most severe type of penalisation is expulsion from the House, which is followed past censure, and finally reprimand. Expulsion, as mandated in the Constitution, requires a two-thirds majority vote. Censure and reprimand, which evolved through Firm precedent and practice, are imposed past a uncomplicated bulk of the full House.

/tiles/non-collection/two/2009_130_001crop_wood_censure.xml Collection of the U.South. House of Representatives
About this object Tammany Hall Democrat Fernando Forest stood at the Speaker's rostrum to be censured for "unparliamentary language" in 1868 during the 40th Congress. No stranger to inflammatory speech, Wood reportedly had referred to a slice of legislation equally "a monstrosity, a measure of the most infamous acts of this infamous Congress."

These are not the only penalties which the Business firm may levy on its Members. Beginning with the creation of a formal ethics process in the late 1960s, the Committee on Ideals (which for many years was chosen the Committee on Standards of Official Carry) has had the ability to issue a formal "Letter of Reproval." The Ethics Committee may too opt to register its disapproval of a detail activeness using more breezy means. Committee rules, equally well as the rules of the individual party caucuses, provide other means of subject area. For case, Members may also exist fined, stripped of committee leadership positions and seniority, or deprived of other privileges depending on the infractions.

Expulsion

The sternest class of punishment that the Firm has imposed on its Members is expulsion, an action which information technology has used only five times in more than than two centuries.

The Constitution empowers both the House and the Senate to expel a sitting Member who engages in "disorderly Behaviour," requiring a two-thirds vote of those present and voting in the chamber to which the Member belongs. Equally these are internal matters, neither the Firm nor the Senate requires the concurrence of the other chamber to expel one of its own Members.

In devising this framework, the Constitutional Convention drew upon British legislative tradition too as most 175 years of precedent in the colonial assemblies in North America. Other than the two-thirds requirement, however, the Framers left it upward to the Business firm and Senate to determine their ain rules and the type of beliefs that might warrant expulsion from their respective chambers.

Despite this wide grant of authority, the Framers set the two-thirds threshold because such an activeness would necessarily remove someone who had been elected by the pop vote of his or her constituents. And though the House has wide discretion to human action in such cases, it has demonstrated keen deference to the peoples' choice of their Representatives. One mensurate of that restraint is that the Business firm has never expelled any Member for behave that took place before his or her House service. Nor has the House removed Members for activeness in a prior Congress when the electorate insisted on re-electing them to the House despite a record of improper bear.¹

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Almost this object This 1873 Harper's Weekly cartoon illustrates the backwash of the Crédit Mobilier scandal. The House investigated the railroad influence scheme and censured two of its Members—Oakes Ames of Massachusetts and James Brooks of New York—for using their function for personal gain. Cartoonist Thomas Nast decried the widespread graft, implying that the multitude of resolutions that condemned corruption and buried the Business firm rostrum were insincere attempts at reform.

Expulsion has traditionally been reserved every bit punishment for just the most reprehensible behave or crimes such as treasonous acts against the government. The outset three individuals expelled from the House—Missourians John B. Clark and John W. Reid, and Henry C. Burnett of Kentucky—took upwardly arms for the Confederacy during the Civil War. In the modern era, expulsion has been used on two other occasions, both of which involved egregious violations of criminal law and/or flagrant abuses of office.

While expulsion has been used sparingly, it should be noted that some Members who faced imminent expulsion from the House have chosen to resign instead. 2 Members who sold appointments to U.S. military machine academies shortly afterward the Civil War, South Carolina's Benjamin Whittemore and Northward Carolina's John DeWeese, resigned their seats before the House voted to miscarry them. Adamant to register its contempt for their beliefs, the Business firm notwithstanding censured both men, fifty-fifty after their resignations.

Others lost their seats in subsequent elections before the House took formal action. The Framers anticipated this possibility and, in part, used it to rationalize the House's two-twelvemonth ballot bike. Every bit James Madison wrote in Federalist No. 57, "the Firm of Representatives is then constituted as to back up in the members an habitual recollection of their dependence on the people. Before the sentiments impressed on their minds past the mode of their top can be effaced by the do of ability, they will be compelled to anticipate the moment when their power is to end, when their practice of it is to be reviewed, and when they must descend to the level from which they were raised; there forever to remain unless a faithful belch of their trust shall have established their title to a renewal of it."ⁱⁱ See a listing of Members who have been expelled from the House of Representatives.

Censure

While censure also derives from the same constitutional clause, it is not a term the Framers expressly mentioned.³

Censure does not remove a Member from office. Once the House approves the sanction by majority vote, the censured Member must stand in the well of the Business firm ("the bar of the Firm" was the nineteenth-century term) while the Speaker or presiding officer reads aloud the censure resolution and its preamble as a form of public rebuke.

Decades earlier the House first expelled Members it contemplated censure to register its deep disapproval of a Member'due south behavior. Early in its beingness, the Business firm considered (just did not ultimately utilize) censure to punish Matthew Lyon of Vermont and Roger Griswold of Connecticut for well-publicized breaches of decorum in early 1798. Lyon had spat on Griswold during a heated argument and, when the Firm afterward declined to expel or censure the Vermonter, Griswold sought to defend his laurels by caning him at his desk. Consumed by this "affray," the Business firm created a Committee on Privileges to investigate the incident though it ultimately refused to recommend a penalization later both men promised "to keep the peace."

Specially during the nineteenth century, when politicians fought duels over affronts to their award and reputation, censure emerged as a means to effectively claiming a Member'southward integrity. From the early 1830s to the late 1860s, the Business firm censured individuals for unacceptable acquit that occurred largely during floor fence. The first fourth dimension the House censured ane of its own occurred in 1832 when William Stanbery of Ohio insulted Speaker Andrew Stevenson of Virginia. Merely since these transgressions did not rising to the level of expulsion, House do required a simple majority vote on a resolution past those Members present and voting.

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About this record In July 1856, the House voted on a motion to miscarry Representative Preston Brooks of South Carolina from Congress for his fierce attack against Massachusetts Senator Charles Sumner. Equally the above vote tally sheet indicates, the Business firm did not reach the two-thirds vote necessary to strip Brooks of his seat, with 121 Members voting to expel him and 95 voting against removal.

Indeed, though the House notably rebuked several Gold Age Members for bribery, most nineteenth-century censures were handed downwardly for unparliamentary behavior, unremarkably defamatory or insulting statements made against a House colleague. In 1856, in the wake of maybe the most well-known episode of congressional violence, the House censured Laurence Keitt for assisting boyfriend South Carolinian Preston Brooks equally he brutally assaulted Senator Charles Sumner of Massachusetts with a pikestaff on the Senate Floor; the House failed to muster the two-thirds vote necessary to expel Brooks. Believing that putting the question to their constituents would vindicate them, both Keitt and Brooks resigned their seats and later won the special elections to fill their own vacancies. A decade later, Lovell Rousseau of Kentucky suffered the censure penalisation for caning Iowan Josiah Grinnell subsequently the ii exchanged insults well-nigh their respective military machine service in the Civil War. Like Keitt, Rousseau resigned his seat after the indignity of being censured only to have constituents re-elect him. Meet a listing of Members who take been censured past the House of Representatives.

Reprimand

Like censure, the word reprimand does not appear in the Constitution. And its meaning has changed over fourth dimension. For much of the House's history, in fact well into the twentieth century, the word reprimand was used interchangeably with censure. For instance, the censure resolution passed against Thomas L. Blanton in 1921 directed him to the bar of the House to receive its "reprimand and censure."

The modern use of the term reprimand evolved relatively recently, post-obit the creation of a formal ethics process in the late 1960s.⁴ A reprimand registers the House'south disapproval for conduct that warrants a less astringent rebuke than censure. Typically, in mod practice, the Ethics Committee recommends a reprimand (as it does in the example of censure) past submitting a resolution accompanied with a written report to the full Business firm. Reprimand requires a unproblematic bulk vote on the resolution brought before the House and, in some instances, may be implemented simply by the adoption of the committee report. A reprimanded Fellow member is non required to stand in the well of the House to accept a verbal admonishment. Since the starting time case of the Firm taking such action in 1976, a total of 11 individuals have been reprimanded past the House. See a list of Members who take been reprimanded past the House of Representatives.

For Further Reading

Brown, Cynthia, "Expulsion, Censure, Reprimand, and Fine: Legislative Discipline in the Business firm of Representatives," Report No. RL31382, 27 June 2016, Congressional Research Service, Washington, DC.

Committee on Ideals, "Historical Summary of Behave Cases in the House of Representatives, 1798–2004," http://ethics.business firm.gov/sites/ethics.house.gov/files/Historical_Chart_Final_Version%20in%20Word_0.pdf (accessed xx March 2017).

_______. "Summary of Activities," http://ethics.business firm.gov/reports/summary-activities (accessed xx March 2017).

Congressional Record, House, 67th Cong., 1st sess. (27 October 1921): 6880–6896.

Hinds, Asher C. Hinds' Precedents of the Business firm of Representatives of the United States, Vol. 2 (Washington, DC: Authorities Printing Office, 1907): Affiliate 52 §1642–1643: 1114–1116.

Maskell, Jack H., "Discipline of Members," in Donald C. Salary et al., eds, The Encyclopedia of the United States Congress Vol. 2 (New York: Simon & Schuster, 1995): 641–646.

McKay, William, and Charles W. Johnson. Parliament & Congress: Representation & Scrutiny in the Twenty-First Century (New York: Oxford Academy Press, 2014): 517–546.

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Source: https://history.house.gov/Institution/Origins-Development/Discipline/

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