#24: CIVICS 101: The Legislative Branch
Q&A #24: How can Members of Congress be removed from office or punished for misconduct?
Our American Government
Our American Government is a small book published by the House of Representatives for citizens and those who seek a greater understanding of the American interpretation of democracy. It follows a question-and-answer format and covers a broad range of topics dealing with the three branches of our Government, the electoral process, and the role of political parties.
The Savvy Citizen is reproducing the 169 questions-and-answers through a series of posts called Civics 101. Each post will contain the Q&A as well as some additional commentary to add historical context, fun facts, or anything we believe will add to our collective understanding of these topics.
Think of it as your adult Civics class, but without the test!
Let’s keep at it.
SECTION: The Legislative Branch: The Congress
Members, Offices, and Staff
Q&A #24: How can Members of Congress be removed from office or punished for misconduct?
It is generally understood in Congress that the impeachment process stipulated in the Constitution, which involves both House and Senate action, applies only to the removal of the President, Vide President, Supreme Court Justices, and Federal judges, and civil officers of the U.S. Government, an not to the removal of Members of Congress from office. The Constitution states that “Each House shall be the Judge of the … Qualifications of its own Members … [and may] punish its Members for disorderly Behavior and with the Concurrence of two thirds, expel a Member.” Thus, disciplinary actions taken against a Member are a matter of concern for that House acting alone.
Each Chamber has established a committee charged with reviewing allegations of misconduct against its Members: the House Committee on Standards of Official Conduct and the Senate Ethics Committee. The Rules of the House and Senate also contain a Code of Official Conduct. The ethics committees review charges against a Member filed by another Member or by a private citizen.
The most severe punishment that can be imposed by either the House or Senate is the expulsion of the offending Member. This action requires, constitutionally, an affirmative vote of two-thirds of the Members of the Chamber voting, a quorum being present. Alternatively, the House may vote to “censure” a Member for misconduct. This requires only a majority vote, and, under party rules in the House, a censured Member automatically loses any committee or party leadership positions held during that Congress. In the Senate, the terms “censure” and “denunciation” are used almost interchangeably for violations of this magnitude.
A less severe form of disciplinary action in both the House and Senate is a “reprimand,” again imposed by a Chamber by a simply majority vote. Typically, reprimands are reserved for ethical violations that are minor, or appear to be inadvertent or unintentional on the part of the Member.
Additionally, Members of Congress are subject to prosecution for treason, felony, or breach of the peace. Generally, when a Member has been indicted for a felony, a “leave of absence” from any party or committee leadership position must be taken so long as the charges are pending. Usually, the House or Senate will not initiate internal disciplinary action until the criminal proceedings against the Member have been completed.
My Thoughts
Only six (6) members of the House have been expelled in American history, three (3) of whom were expelled in 1861 for joining the Confederacy, aka the Confederate States of America, which existed from February 8, 1861 to May 5, 1865.
Democrats John B. Clark from Missouri, John W. Reid, also from Missouri, and Henry C. Burnett from Kentucky were expelled from the United States House of Representatives for joining the Confederacy.,
Democrat Michael Myers from Pennsylvania was expelled in 1980 for his bribery and corruption convictions arising out of the ABSCAM affair. ABSCAM, short for “Arab scam,” was the codename the FBI used for its investigation into a handful of politicians who accepted bribes from a fake Arabian company (Abdul Enterprises) set up by the FBI in exchange for political favors.
Democrat James Traficant from Ohio was expelled in 2002 after his conviction on 10 counts of bribery, conspiracy to defraud the United States, filing false tax returns, and racketeering, among others. He was a nine (9) term representative and represented himself in court, even though he wasn’t a lawyer.
Republican George Santos of New York was expelled in 2023 after a House Ethics Committee Report revealing evidence of misuse of campaign funds for personal benefit. It was a controversial expulsion since Santos hadn’t be charged, tried, or convicted of a federal crime, as was the case with Myers’ and Traficant’s expulsion. Concern over setting bad precedents in the House, particularly given that an expulsion overturns a democratic election, abounded during the entire episode.
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Back next time with Q&A #25: Are Members of Congress, to some extent, privileged from arrest?
Meanwhile, don’t forget that we’re organizing the post links on a single page available here.
xo,
Kelley for the Savvy Citizen Team
November 25, 2024