As the above vote tally sheet indicates, the House did not achieve the two-thirds vote necessary to strip Brooks of his seat, with Members voting to expel him and 95 voting against removal.
Indeed, though the House notably rebuked several Gilded Age Members for bribery, most nineteenth-century censures were handed down for unparliamentary behavior, usually defamatory or insulting statements made against a House colleague.
In , in the wake of perhaps the most well-known episode of congressional violence, the House censured Laurence Keitt for assisting fellow South Carolinian Preston Brooks as he brutally assaulted Senator Charles Sumner of Massachusetts with a cane 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 subsequently won the special elections to fill their own vacancies. A decade later, Lovell Rousseau of Kentucky suffered the censure punishment for caning Iowan Josiah Grinnell after the two exchanged insults about their respective military service in the Civil War. Like Keitt, Rousseau resigned his seat after the indignity of being censured only to have constituents re-elect him.
See a list of Members who have been censured by the House of Representatives. Like censure, the word reprimand does not appear in the Constitution. And its meaning has changed over time. For instance, the censure resolution passed against Thomas L.
The modern use of the term reprimand evolved relatively recently, following the creation of a formal ethics process in the late s.
Typically, in modern practice, the Ethics Committee recommends a reprimand as it does in the case of censure by submitting a resolution accompanied with a report to the full House. Reprimand requires a simple majority 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 Member is not required to stand in the well of the House to accept a verbal admonishment. Since the first case of the House taking such action in , a total of 11 individuals have been reprimanded by the House.
See a list of Members who have been reprimanded by the House of Representatives. Hinds, Asher C. Maskell, Jack H. Bacon et al. McKay, William, and Charles W. The U. Supreme Court eventually ruled in favor of Powell, arguing that the House did not possess the authority to refuse to seat a Member-elect who was properly credentialed without using the formal expulsion process.
Fernando Wood. Unparliamentary language for describing Reconstruction legislation as a "monstrosity". Edward D. Unparliamentary language for stating in debate that another Member made false assertions. Benjamin Whittemore. John T. Roderick R. Oakes Ames. James Brooks. John Y. William D. Thomas L. Unparliamentary language for inserting a document into the Congressional Record that contained indecent and obscene language.
Charles C. Convicted on 11 counts of mail fraud and 18 counts of false statements in a payroll fraud scandal. Charles H. Receiving improper gifts; improper use of congressional funds; improper personal use of campaign funds. Gerry E.
Daniel B. Charles B. Misuse of congressional letterhead for fundraising; impermissible use of rent-controlled facility for campaign headquarters; inaccurate financial reports and federal tax returns. Robert L. False statement before Ethics Committee investigating the influence of a foreign government. John J. Edward J. George V. For conviction of four counts of making false statements related to financial disclosure form.
Austin J. Barney Frank. Using political influence to fix parking tickets and influence probation officers for personal friend. Newt Gingrich. As for Gosar, three of his siblings have sought assistance from Rep. Raul Grijalva, D-Ariz. Several siblings had previously run a campaign ad in urging his defeat. The most aggressive course of action would be expulsion.
The Constitution grants such powers to each chamber of Congress, to be meted out on its own members. In Article I, Section 5, the Constitution says, "Each House of Congress may determine the Rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. During the Constitutional Convention, James Madison argued that the right of expulsion "was too important to be exercised by a bare majority.
Of the 15 expulsions of senators , 14 came during the Civil War period. As for the House, three expulsions involved disloyalty, and two have been for charges related to bribery. Additional lawmakers have been threatened with expulsion but resigned before a vote was held. Another part of the Constitution currently being discussed is Section 3 of the 14th Amendment.
Ratified after the Civil War, it says that if officeholders "shall have engaged in insurrection or rebellion against the same" can be removed by a two-thirds vote of Congress.
The specific mention of an "insurrection or rebellion" potentially makes it a "useful tool for Congress to consider, said Robert S. Peck, founder and president of the Center for Constitutional Litigation. However, a clear obstacle to expulsion is the high bar: a two-thirds vote, meaning that not only would all Democrats need to support such a move but that a sizable portion of the Republican conference would as well.
There are other potential challenges. They could also argue that what occurred on Jan. Holding such an inquest could take months. The House has several alternative penalties beyond expulsion. The second-most severe punishment would be "censure," which needs only a simple majority to be applied.
In its history, the House has censured 23 members, for such actions as the use of insulting language, assaults, or financial improprieties. The third-most severe punishment is a "reprimand. Other possible penalties include a fine, loss of seniority, or loss of other privileges. In addition, the House Ethics Committee can issue a "letter of reproval" without a full House vote.
Historically, once the ethics panel gets involved, investigations can take months to be fully investigated. Senate, list of expelled senators , Jan.
Cori Bush, resolution , accessed Jan. Lauren Boebert, tweet , Jan. Arizona Republic, " Some of Rep. Gosar's siblings want him expelled from Congress after deadly riot at Capitol ," Jan. Email interview with Robert S. Peck, founder and president of the Center for Constitutional Litigation, Jan, 12,
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