What do censure

Myers , Cong. Representative Myers was expelled after conviction for bribery, conspiracy and violation of the Travel Act. Representative Traficant was expelled after conviction of conspiracy to violate federal bribery laws, receipt of illegal gratuities, obstruction of justice, conspiracy to defraud the United States, filing false income tax returns, and racketeering.

Note, e. Lederer , and House Committee on Standards recommendation of expulsion for bribery; and H. Note case of Rep. Jenrette, Jr. Lukens , and at concerning Representative Robert Garcia ; H.

Flood ; H. Representative Randy "Duke" Cunningham resigned from the House on December 1, , after pleading guilty to a criminal conspiracy to commit bribery and tax evasion. Since no recommendations were made by the committee regarding these Members, it cannot be said with certainty what, if any, discipline would have been recommended by the committee, or approved by the House. The House Committee on Ethics formerly the Committee on Standards of Official Conduct has found that since it will "lose jurisdiction" over a Member who has been defeated in an election, proceedings which could not be completed prior to the January end-of-term be suspended.

Note, for example, H. Kim ; H. Patrick L. Swindall ; H. Joshua Eilberg. The Federalist Papers, No. See H. Hinshaw , where the House Committee on Standards of Official Conduct recommended against expulsion of a Member, since the Member's conviction "while reflecting on his moral turpitude, does not relate to his official conduct while a Member of Congress.

The Court in Powell v. McCormack, supra , in distinguishing the exclusion of Powell from an expulsion, noted that the House has "distrusted" its right to expel Members for prior conduct after they have been reelected U. Langley, H. The Court noted specifically, however, that it was not ruling on Congress's authority to expel for past misconduct U.

Note conflicting opinions of two House committees in the Credit Mobilier investigations on the discipline of Representatives Ames and Brooks in the 42 nd Congress, H. The House specifically refused, however, to accept a preamble to the substitute resolution for censure expressly questioning its authority to expel for past misconduct. King and John Schumaker, H. Matteson, H. See footnote 5 , supra. Note also discussion of the infamous Wilkes case in England, shortly before the time of the drafting of the United States Constitution.

McCormack, supra at ; May, supra at Emphasis added. McCormack, supra ; U. Term Limits, Inc. Thornton, U. Gralike , U. See Powell v. McCormack, supra at , , n. Note discussion by the Court at of the Wilkes case concerning English parliamentary practice at the time of the Constitution's drafting.

If, however, there is alleged disloyalty to the Union, after having taken an oath of office to defend the Constitution, the disqualification provision of the Fourteenth Amendment may come into play. See now 5 U. The President is not covered by the retirement laws applicable to other officers and employees of the federal government, and forfeiture of retired pay applies in case of impeachment, conviction, and removal of the President. See P. Matters "textually committed" to Congress in the Constitution, such as rules for internal proceedings, might not generally be subject to judicial review unless another, express provision of the Constitution is violated.

United States, U. Ballin , U. McCormack, supra at , and Douglas, J. House Rule IX. Deschler's Precedents , supra , Ch. Note also H. Prior to when the standing ethics committee, then called the Committee on Standards of Official Conduct, was created, such resolutions were referred to either ad hoc select committees, or to standing committees with other jurisdiction, such as Judiciary.

Most investigations are conducted pursuant to Committee Rule 18 a. Even those investigations that ultimately result in the formation of an ISC usually begin as Committee Rule 18 a investigations.

Note discussion in H. A Member convicted of a felony for which the penalty may be two years or more imprisonment, "should refrain" from voting on the floor or in committee until his or her presumption of innocence is restored. Investigations subcommittees are four Members of the House, and may be made up of committee Members, as well as Members of the House not on the committee who are appointed at the beginning of the Congress as a reserve "pool" available to be on investigations subcommittees if needed.

Adjudications are held before a panel of the committee who did not serve on the investigations subcommittee, and if any charges drafted by the investigations subcommittee are proven before the adjudications panel, a "sanctions" hearing to determine the sanctions to be recommended to the House is conducted before the full membership of the Ethics Committee.

House Rule X, cl. May, The Law, Privileges, Proceedings and Usage of Parliament , supra at ; Black's Law Dictionary , at , 6 th Edition , defines "censure" as: "The formal resolution of a legislative, administrative, or other body reprimanding a person, normally one of its own members, for specified conduct.

Note, for example, discussion in Bowman and Bowman, supra at - , citing Rawle, View of the Constitution of United States 2 nd ed. Powell, and then censure him. The House rejected that recommendation, and voted to "exclude" Powell, which was ultimately found unconstitutional by the Supreme Court in Powell v. McCormack, supra, because the House's exclusion went beyond judging the three qualifications for office or the election of the Member-elect. Representative Powell was reelected to and then seated in the 91 st Congress, but was fined and had his seniority reduced by the House H.

Diggs, Jr. Wilson , H. Studds , Cong. Crane , Cong. Rangel , H. HH daily ed. December 2, See footnote 24 supra. Other Members have also lost their next election before any House action is completed. See footnote 25 supra. As noted, since no recommendation is made by the committees investigating these matters, it cannot be said with certainty what, if any, discipline would have been recommended by the committees, or approved by the House.

Deschler's Precedents, supra at Ch. See now House Committee on Ethics, supra at Rule 24 g. No recommendation for punishment was made for an "obvious and significant conflict of interest" — a significant ownership interest in land directly impacted by legislation the Member sponsored, since the "events occurred approximately 15 years ago and The matter was raised by another Member as a privileged resolution.

There is no known case of a congressional imprisonment of a Member in the history of Congress. See discussion in United States v. In the Senate, in a disciplinary matter in which a Senator was "denounced" by the full Senate, for example, the Senator was ordered to "reimburse" the Senate a specified amount in connection with questionable expense reimbursements received from the Senate, and "to pay to charities with which he has no affiliation" an amount equal to that which was considered as "excess honoraria" over and above that which the Senator was permitted to accept.

Studies have noted that prior to , no Members of the House had ever been fined for disciplinary reasons. There had in the 's been a few instances noted in precedents where the House authorized fines for absences, or as a condition for discharge. H H daily ed. August 2, Citations are to volumes of Hinds' and Cannon's Precedents of the United States House of Representatives, and to the relevant sections.

Flynt of Texas. The committee in noted in its report that although there is no "specific enforcement capability" expressed in the proposed rule, "any Member subject to its provisions at the time of the resolution's adoption, or thereafter, who violates the clear principles it expresses, will do so at the risk of subjecting himself to the introduction of a privileged resolution relating to his conduct See also House Committee on Standards of Official Conduct, "Dear Colleague" letter from the Chairman and Vice Chairman, April 15, , warning Member convicted of felony violations that "by voting in the House — you risk subjecting yourself to action by this Committee, and by the House, in addition to any other disciplinary action that may be initiated in connection with your criminal conviction.

House Rule XI, para. Subparagraph 2 states that the Committee on Ethics "shall report to the House its findings of fact and recommendations, if any, upon the final disposition of any such investigation, and such action as the committee may deem appropriate in the circumstances.

A Letter of Reproval is not one of the "sanctions" recommended to the House, listed in the Committee Rules at Rule 24 e. House Committee on Ethics, Rule 24 b , c and d.

See also Committee Rule 26 b , waiver of procedural steps by respondent. The committee recommended against sanctions by the full House because of several "mitigating" factors, including "no evidence of improper intent" of the Member either to conceal the activity or to violate the provisions of the Rule as the loans were fully reported on required disclosures, and the voluntary "corrective action" on the Member's own initiative once the Member became aware of the violations.

Rose III. The committee cited "mitigating circumstances which prevent these violations from rising to the level of a recommendation of sanction to the full House," and commended the "positive action taken" by the Member. The committee initiated a Preliminary Inquiry and the Member waived his rights to a Statement of Alleged Violations and a disciplinary hearing. The committee noted that since the Member had taken steps to assure no repeat of the offending conduct, was being directed to specifically issue apologies to the affected employees, and that since any inappropriate campaign activities were "sporadic" and not on-going, that "the better course is to formally and publicly reprove" the Member.

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