Censure in the United States

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Censure is a formal, and 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]

The United States Constitution, while specifically granting impeachment powers to both the Senate and the House of Representatives, and also granting both congressional bodies the power to expel their own members, does not mention censure. Congress adopted a resolution allowing censure,[citation needed] which is "stronger than a simple rebuke, but not as strong as expulsion."[1] In general, each house of Congress is responsible for invoking censure against its own members; censure against other government officials is not common. Because censure is not specifically mentioned as the accepted form of reprimand, many censure actions against members of Congress may be listed officially as rebuke, condemnation, or denouncement.[1]

Members of Congress who have been censured are required to give up any committee chairs they hold. 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 his peers to listen to the censure resolution".[3]

The first use of censure in the United States was directed at secretary of the treasury Alexander Hamilton, who was a member of George Washington's cabinet.[1]

Presidential censures[edit]

In 1800, Representative Edward Livingston of New York introduced a censure motion against President John Adams.

Only one U.S. president has been censured by the United States Senate. In 1834, while under Whig control, the Senate censured Democratic President Andrew Jackson for withholding documents relating to his actions in defunding the Bank of the United States. As a partial result of public opposition to the censure itself, the Senate came under control of the Democratic Party in the next election cycle, and the censure was expunged in 1837.[4]

As one historian has written:

During the last session of Congress under Jackson, Democrats tried to delete from their record the censure of their hero. The Whigs were just as eager to keep the censure as the Democrats were to get rid of it. The vote on censure was taken after thirteen hours of debate. Twenty-four senators voted to delete it; nineteen voted to retain it. The censure was ringed in black and officially deleted from the minutes.[5]

In 1842, Whigs attempted to impeach President John Tyler following a long period of hostility with the president. When that action could not get through Congress, a select Senate committee dominated by Whigs censured Tyler instead.[6]

In 1848, the United States House of Representatives voted to censure President James Polk, on the grounds that the Mexican–American War had been "unnecessarily and unconstitutionally begun by the President of the United States."[7]

In 1864, the Senate considered a condemnation of President Abraham Lincoln for allowing an elected member of the House to hold an Army commission; it voted 24–12 to refer the matter to a special committee, but no further action was taken.[8]

In 1998, resolutions to censure President Bill Clinton for his role in the Monica Lewinsky scandal were introduced and failed.[9][10][11][12] The activist group MoveOn.org originated in 1998, after the group's founders began a petition urging the Republican-controlled Congress to "censure President Clinton and move on"—i.e., to drop impeachment proceedings, pass a censure of Clinton, and focus on other matters.[13][14]

On August 16, 2017, a resolution was announced in California to censure President Donald Trump for his comments "that 'both sides' were to blame for the violence in" the Unite the Right rally.[15]

Senatorial censures[edit]

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.[16] 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.[17]

In the history of the Senate, 10 U.S. Senators have been censured,[18] the most famous being Joseph McCarthy.[19] 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”.[16]

House censures[edit]

The House of Representatives is expressly authorized to censure within the United States Constitution (Article I, Section 5, clause 2).[20] In the House of Representatives, censure is essentially a form of public humiliation carried out on the House floor.[21] 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.[22][23] This process has been described as a morality play in miniature.[24]

In the history of the House, censure has been used 23 times, and most of the cases arose during the 19th century.[21][22] In the modern history of the United States House Committee on Standards of Official Conduct (since 1966), censure has been used five times,[21] most recently in December 2010 against Charles B. Rangel (who earlier that year lost his chairmanship of the Ways and Means Committee).[25]

Cabinet censures[edit]

The first use of censure[1] in the United States was directed at Alexander Hamilton, who was a member of George Washington's cabinet and accused of mishandling two Congressionally-authorized loans. 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.

References[edit]

  1. ^ "U.S. Senate Reference". Retrieved November 13, 2015. 
  2. ^ [1]
  3. ^ "U.S. Senate: Art & History Home > Historical Minutes > 1801–1850 > Senate Censures President". Retrieved November 13, 2015. 
  4. ^ Whitelaw, Nancy. Andrew Jackson Frontier President
  5. ^ "American President: John Tyler: Domestic Affairs". Millercenter.org. Archived from the original on 2010-11-27. Retrieved 2010-11-28. 
  6. ^ M (2006-05-04). "American Presidents Blog: Censuring James Polk". American-presidents.org. Retrieved 2010-11-28. 
  7. ^ "Noteworthy Censure Cases - Presidential Censure." Law Library - American Law and Legal Information. Retrieved 2015-11-07.
  8. ^ "S.Res. 44". Thomas.loc.gov. February 12, 1999. Retrieved November 19, 2010. 
  9. ^ "H.J.Res. 139". Thomas.loc.gov. Retrieved November 19, 2010. 
  10. ^ "H.J.Res. 12". Thomas.loc.gov. Retrieved November 19, 2010. 
  11. ^ "H.J.Res. 140". Thomas.loc.gov. December 17, 1998. Retrieved November 19, 2010. 
  12. ^ Steve Benen, Censure and move on?, MSNBC (December 2, 2014).
  13. ^ Rachel Weiner, MoveOn.org moving to petition-driven model, Washington Post (March 15, 2013).
  14. ^ "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." Congressman Jerrold Nadler. 16 August 2017. 17 August 2017.
  15. ^ a b "U.S. Senate: Reference Home > United States Senate Election, Expulsion and Censure Cases". Senate.gov. 2009-03-26. Retrieved 2010-11-28. 
  16. ^ "U.S. Senate: Art & History Home > Origins & Development > Powers & Procedures > Expulsion and Censure". Senate.gov. Retrieved 2010-11-28. 
  17. ^ "U.S. Senate:Home > Art & History Home > Origins & Development > Powers & Procedures > Expulsion and Censure". Retrieved August 6, 2007. 
  18. ^ 83rd U.S. Congress (July 30, 1954). "Senate Resolution 301: Censure of Senator Joseph McCarthy". U.S. National Archives and Records Administration. Retrieved 30 October 2013. 
  19. ^ 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. 
  20. ^ a b c Bresnahan, John (November 18, 2010). "Charlie Rangel to face censure vote". Politico. 
  21. ^ a b "Punishment in the House". The New York Times. November 18, 2010. 
  22. ^ "A Lonely Guilty Verdict for Charlie Rangel - US News and World Report". Politics.usnews.com. 2010-11-24. Retrieved 2010-11-28. 
  23. ^ Kleinfield, N. R. (December 3, 2010). "Amid Routine Business, History and Humiliation". The New York Times. p. A28. 
  24. ^ [2]

Further reading[edit]