Censure in the United States
Censure is a formal, public, group condemnation of an individual, often a group member, whose actions run counter to the group's acceptable standards for individual behavior.[1] In the United States, governmental censure is done when a body's members wish to publicly reprimand the president of the United States, a member of Congress, a judge or a cabinet member. It is a formal statement of disapproval.[2] It relies on the target's sense of shame or their constituents' subsequent disapproval, without which it has little practical effect when done on members of Congress and no practical effect when done on the president.[3][4][5]
The
Like a reprimand, a censure does not remove a member from their office so they retain their title, stature, and power to vote. There are also no legal consequences that come with a reprimand or censure. The main difference is that a reprimand is "considered a slap on the wrist and can be given in private and even in a letter," while a censure is "a form of public shaming in which the politician must stand before their peers to listen to the censure resolution."[8]
Presidential censures
Adopted resolutions
There have been four cases in U.S. history where the House of Representatives or the Senate adopted a resolution that, in its original form, would censure the president.[9]
The 1834 censure of President Andrew Jackson "remains the clearest case of presidential censure by resolution."[10] In 1834, while under Whig control, the Senate censured Jackson, a member of the Democratic Party, for withholding documents relating to his actions in defunding the Bank of the United States.[11] During the waning months of Jackson's term, his Democratic allies succeeded in expunging the censure.[12]
In 1860, the House of Representatives adopted a resolution admonishing both President James Buchanan and Secretary of the Navy Isaac Toucey for allegedly awarding contracts on the basis of "party relations." The House may have intended this resolution as a lesser reprimand than a formal censure.[13]
In two other cases, the Senate adopted a resolution that was originally introduced to censure the president, but that, in its final form, did not overtly censure the president.[10]
In 1864, during the American Civil War, Senator Garrett Davis introduced a resolution to censure President Abraham Lincoln for allowing two individuals to resume their service as generals after winning election to Congress. The final resolution adopted by the Senate required generals to be "re-appointed in the manner provided by the Constitution," but did not overtly censure Lincoln.
In 1912, Senator
Other censure attempts
Several other presidents have been subject to censure attempts in which no formal resolution was adopted by either the House or the Senate.
President
In 1998, resolutions to censure President
On August 18, 2017, a resolution was introduced in the House to censure President Donald Trump for his comments "that 'both sides' were to blame for the violence in" the Unite the Right rally.[26][27] On January 18, 2018, another motion to censure Trump was introduced in the House of Representatives by Rep. Cedric Richmond (D), who at the time was the Chairman of the Congressional Black Caucus, for Trump's remark, alleged by people in the room, stating "Why do we want all these people from 'shithole countries' coming here?" According to people in the room at the time, Trump was referring to people from Haiti and African nations coming to the United States. The censure motion failed to reach any legislative action.[28] This comment was alleged to have been made on January 11, 2018, in an Oval Office meeting with lawmakers regarding immigration.[29]
Senatorial censures
The U.S. Senate has developed procedures for taking disciplinary action against senators through such measures as formal censure or actual expulsion from the Senate. The Senate has two basic forms of punishment available to it: expulsion, which requires a two-thirds vote; or censure, which requires a majority vote.[30] Censure is a formal statement of disapproval. While censure (sometimes referred to as condemnation or denouncement) is less severe than expulsion in that it does not remove a senator from office, it is nevertheless a formal statement of disapproval that can have a powerful psychological effect on a member and on that member's relationships in the Senate.[31]
In the history of the Senate, 10 U.S. Senators have been censured,[32] the most famous being Joseph McCarthy.[33] Their transgressions have ranged from breach of confidentiality to fighting in the Senate chamber and more generally for "conduct that tends to bring the Senate into dishonor and disrepute".[30]
House censures
The House of Representatives is authorized to censure its own members by the scope of United States Constitution (Article I, Section 5, clause 2).[34] In the House of Representatives, censure is essentially a form of public humiliation carried out on the House floor.[35] As the Speaker of the House reads out a resolution rebuking a member for a specified misconduct, that member must stand in the House well and listen to it.[36][37] This process has been described as a morality play in miniature.[38]
Most cases arose during the 19th century.
Cabinet censures
- The first attempted use of censure[1] in the United States was directed at George Washington's treasury secretary Alexander Hamilton, who was accused of misadministration of two Congressionally authorized loans under the Funding Act of 1790 by William Giles.[40]
- Augustus Hill Garland, Attorney General in Grover Cleveland's administration, was censured in 1886 for failing to provide documents about the firing of a federal prosecutor.
Censure at other levels of government
In Houston Community College System v. Wilson (2022) the Supreme Court of the United States held that the First Amendment to the United States Constitution does not prevent local government bodies from censuring their own members.[41]
Chronology of censures
To date, Andrew Jackson is the only sitting President of the United States to be successfully censured, although his censure was subsequently expunged from official records.[42] Between 2017 and 2020, several Members of Congress introduced motions to censure President Donald Trump for various controversies, including as a possible substitute for impeachment during the Trump-Ukraine scandal, but none were successful.[43][44][45]
On December 2, 1954, Republican Senator Joseph McCarthy from Wisconsin was censured by the United States Senate for failing to cooperate with the subcommittee that was investigating him, and for insulting the committee that was recommending his censure.
On June 10, 1980, Democratic Representative Charles H. Wilson from California was censured by the House of Representatives for "financial misconduct", as a result of the "Koreagate" scandal of 1976. "Koreagate" was an American political scandal involving South Koreans seeking influence with members of Congress. An immediate goal seems to have been reversing President Richard Nixon's decision to withdraw troops from South Korea. It involved the KCIA (now the National Intelligence Service) funneling bribes and favors through Korean businessman Tongsun Park in an attempt to gain favor and influence. Some 115 members of Congress were implicated.
On July 20, 1983, Representatives
On July 12, 1999, the U.S. House of Representatives censured (in a 355-to-0 vote) a
On July 31, 2007, retired Army General Philip Kensinger was censured by the United States Army for misleading investigators of the Pat Tillman death in 2004.[48]
On July 6, 2009, South Carolina Republican Governor Mark Sanford was censured by the South Carolina Republican Party executive committee for traveling overseas on taxpayer funds to visit his mistress.[49]
On October 13, 2009, the mayor of Sheboygan, Wisconsin, Bob Ryan, was censured due to a YouTube video that showed him making sexually vulgar comments about his sister-in-law taken at a bar on a cell phone.[50] The censure was voted 15-0 by the Sheboygan Common Council. His powers were also quickly reduced by the Common Council, and he was ultimately removed from office two and a half years later in a recall election for continued improprieties in office.
In November 2009, members of the Charleston County Republican Party censured Republican Senator Lindsey Graham of South Carolina in response to his voting to bail out banks and other Wall Street firms, and for his views on immigration reform and cap-and-trade climate change legislation.[51]
On December 2, 2010, Democratic Rep.
On January 4, 2010, members of the Lexington County Republican Party censured Senator Lindsey Graham of South Carolina for his support of government intervention in the private financial sector and for “debasing” longstanding Republican beliefs in economic competition.[51]
On January 22, 2013, the Arizona Republican Party censured longtime Sen. John McCain for his record of occasionally voting with Democrats on some issues.[52]
On February 6, 2021, the Wyoming Republican Party censured Rep. Liz Cheney, the House Republican Conference Chair and third highest-ranking member of the House Republican leadership, for her vote to impeach former President Donald Trump during his second impeachment trial.[53]
On February 13, 2021, the
On February 15, 2021, the North Carolina Republican Party's central committee voted to censure U.S. Senator Richard Burr for his vote to convict former president Donald Trump during his second impeachment trial.[55]
On March 16, 2021, the Alaska Republican Party censured U.S. Senator Lisa Murkowski for her vote to convict former president Donald Trump during his second impeachment trial.[56]
On November 17, 2021, the
On January 22, 2022, the Arizona Democratic Party censured U.S. Senator Kyrsten Sinema for blocking voting rights.[58]
On February 4, 2022, the Republican National Committee voted to formally censure Rep. Liz Cheney and Rep. Adam Kinzinger for their participation in the United States House Select Committee on the January 6 Attack.[59]
On June 21, 2023, the
On November 7, 2023, in a 234–188 vote the
On December 8, 2023, the
References
- ^ ISBN 9780314201546.
- ^ "U.S. Senate Reference". Retrieved November 13, 2015.
- ^ "U.S. Senate: Censure".
- ^ "U.S. Senate: About Censure".
- ^ "Discipline & Punishment | US House of Representatives: History, Art & Archives".
- ^ "Discipline & Punishment | US House of Representatives: History, Art & Archives". history.house.gov. Retrieved January 28, 2021.
- ^ "U.S. Senate: About Censure". www.senate.gov. Retrieved January 28, 2021.
- ^ "Charles Rangel censured on House floor - what does censure mean?". Christian Science Monitor. December 2, 2010.
- ^ "Resolutions to Censure the President: Procedure and History" (PDF). Retrieved January 5, 2024.
- ^ a b Hudiburg, Jane A.; Davis, Christopher M. (February 1, 2018). "Resolutions to Censure the President: Procedure and History" (PDF). Congressional Research Service. pp. 4–5.
- ^ "U.S. Senate: Art & History Home > Historical Minutes > 1801–1850 > Senate Censures President". Retrieved November 13, 2015.
- ^ Whitelaw, Nancy. Andrew Jackson Frontier President.[full citation needed]
- ^ a b Hudiburg & Davis (2018), pp. 5–6.
- ^ Hudiburg & Davis (2018), pp. 6–7.
- ^ Hudiburg & Davis (2018), p. 7.
- ^ "American President: John Tyler: Domestic Affairs". Millercenter.org. Archived from the original on November 27, 2010. Retrieved November 28, 2010.
- ^ Hudiburg & Davis (2018), pp. 8–9.
- ^ Hudiburg & Davis (2018), p. 9.
- ^ "S.Res. 44". Thomas.loc.gov. February 12, 1999. Archived from the original on July 18, 2012. Retrieved November 19, 2010.
- ^ "H.J.Res. 139". Thomas.loc.gov. Archived from the original on July 14, 2012. Retrieved November 19, 2010.
- ^ "H.J.Res. 12". Thomas.loc.gov. Archived from the original on July 19, 2012. Retrieved November 19, 2010.
- ^ "H.J.Res. 140". Thomas.loc.gov. December 17, 1998. Archived from the original on July 23, 2012. Retrieved November 19, 2010.
- ^ Benen, Steve (December 2, 2014). "Censure and move on?". MSNBC.
- ^ Weiner, Rachel (March 15, 2013). "MoveOn.org moving to petition-driven model". The Washington Post.
- ^ Hudiburg & Davis (2018), pp. 10–11.
- ^ "Reps. Nadler, Watson Coleman, and Jayapal Announce Censure Resolution Against President Trump for Blaming 'Both Sides' for Violence in Charlottesville, VA and Excusing Behavior of 'Unite the Right' Participants" (Press release). Office of Congressman Jerrold Nadler. August 16, 2017. Retrieved August 17, 2017.
- ^ Marcos, Cristina (August 18, 2017). "Pelosi endorses push to censure Trump". The Hill. Retrieved August 23, 2018.
- ^ "Trump decries immigrants from 'shithole countries' coming to US". CNN. January 11, 2018.
- ^ "Cedric Richmond is leading an effort to censure Donald Trump". BayouBrief.com. January 12, 2018.
- ^ a b "U.S. Senate: Reference Home > United States Senate Election, Expulsion and Censure Cases". Senate.gov. March 26, 2009. Retrieved November 28, 2010.
- ^ "U.S. Senate: Art & History Home > Origins & Development > Powers & Procedures > Expulsion and Censure". Senate.gov. Retrieved November 28, 2010.
- ^ "U.S. Senate:Home > Art & History Home > Origins & Development > Powers & Procedures > Expulsion and Censure". Retrieved August 6, 2007.
- ^ 83rd U.S. Congress (July 30, 1954). "Senate Resolution 301: Censure of Senator Joseph McCarthy". U.S. National Archives and Records Administration. Retrieved October 30, 2013.
{{cite web}}
: CS1 maint: numeric names: authors list (link) - ^ Maskell, Jack. "Expulsion, Censure, Reprimand, and Fine: Legislative Discipline in the House of Representatives" (PDF). Congressional Research Service.
The House of Representatives - in the same manner as the United States Senate - is expressly authorized within the United States Constitution (Article I, Section 5, clause 2) to discipline or "punish" its own Members ... to protect the institutional integrity of the House of Representatives, its proceedings, and its reputation.
- ^ Politico.
- ^ a b "Punishment in the House". The New York Times. November 18, 2010.
- ^ "A Lonely Guilty Verdict for Charlie Rangel". Politics. U.S. News & World Report. November 24, 2010. Retrieved November 28, 2010.
- ^ Kleinfield, N. R. (December 3, 2010). "Amid Routine Business, History and Humiliation". The New York Times. p. A28.
- ^ Sonmez, Felicia (November 17, 2021). "House censures Rep. Gosar, ejects him from committees over violent video depicting slaying of Rep. Ocasio-Cortez". The Washington Post. Retrieved November 17, 2021.
- JSTOR 2947173.
- ^ Liptak, Adam (March 25, 2022). "Censure of Politician Did Not Violate First Amendment, Supreme Court Rules". The New York Times. p. A16. Retrieved October 29, 2023.
- ^ "U.S. Senate: Art & History Home > Historical Minutes > 1801-1850 > Senate Censures President". Retrieved April 1, 2006.
- ^ "House Democrats Intro First Motion to Censure Trump". The Daily Beast. August 18, 2017. Retrieved May 4, 2020.
- ^ "Small group of Democrats floats censure instead of impeachment". Politico. December 10, 2019. Retrieved May 4, 2020.
- ^ Petre, Linda (February 5, 2020). "Senate GOP drives stake through talk of Trump censure". The Hill. Retrieved May 4, 2020.
- ^ "Committee on Standards of Official Conduct". Archived from the original on March 29, 2008.
- ^ Berry, Kenneth K.; Berry, Jason (January–February 2000). "The Congressional Censure of a Research Paper: Return of the Inquisition?". Skeptical Inquirer. Vol. 24, no. 1. pp. 20–21. Archived from the original on September 28, 2008. Retrieved June 21, 2008.
- ^ Lewis, Neil A. (August 1, 2007). "Retired General is Censured for Role in Tillman Case". The New York Times. Retrieved April 8, 2008.
- ^ Hamby, Peter (July 7, 2009). "South Carolina GOP votes to censure Sanford". CNN. Retrieved December 15, 2009.
- ^ "No available copy of article exists". Retrieved October 14, 2009.[dead link]
- ^ a b Phillips, Kate (January 5, 2010). "Senator Graham Censured Again". The New York Times.
- ^ "Arizona GOP rebukes McCain for not being conservative enough". CNN. January 26, 2014.
- ^ "Wyoming GOP censures Rep. Liz Cheney over impeachment vote". AP News. Associated Press. January 7, 2021.
- ^ Williams, Jordan (February 13, 2021). "Louisiana GOP votes to censure Cassidy over impeachment vote". The Hill. Retrieved February 14, 2021.
- ^ Ward, Myah (February 15, 2021). "GOP Sen. Burr censured by North Carolina GOP after Trump conviction vote". Politico.
- ^ "Lisa Murkowski censured by Alaska Republicans for voting to convict Trump". The Guardian. March 16, 2021. Retrieved March 16, 2021.
- ^ Sonmez, Felicia (November 17, 2021). "House censures Rep. Gosar, ejects him from committees over violent video depicting slaying of Rep. Ocasio-Cortez". The Washington Post. Archived from the original on November 17, 2021. Retrieved November 17, 2021.
- ^ Shahey, Maeve (January 22, 2022). "Arizona Democratic Party censures Sinema over voting rights stance". Politico.
- ^ Orr, Gabby (February 4, 2022). "In censure of Cheney and Kinzinger, RNC calls events of January 6 'legitimate political discourse'". CNN.
- ISSN 0190-8286. Retrieved July 17, 2023.
- ^ Zhou, Li (November 9, 2023). "The House censure of Rashida Tlaib, explained". Vox.
- ^ Grisales, Claudia (November 7, 2023). "House votes to censure Rep. Rashida Tlaib for Israel-Hamas war comments". NPR. Retrieved November 7, 2023.
- ^ "House votes to censure Rep. Jamaal Bowman for pulling fire alarm". Retrieved January 5, 2024.
- ^ "Rep. Jamaal Bowman pleads guilty to a misdemeanor for pulling a fire alarm in House office building". AP News. October 26, 2023. Retrieved January 5, 2024.
Further reading
- Butler, Anne M.; Wolff, Wendy (1995). United States Senate Election, Expulsion and Censure Cases, 1793–1900. Washington, DC: Government Printing Office.
- "Enforcement of Ethical Standards in Congress". Final Report of the Joint Committee on the Organization of Congress. December 1993. Archived from the original on July 25, 2007.
- "Resolutions Censuring the President: History and Context, 1st-114th Congresses" (PDF). Congressional Research Service.