Censure in the United States

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Censure in the United States is a congressional procedure for reprimanding the President of the United States, a member of Congress or Judge for inappropriate behaviour. News and other media often use the term "censure" incorrectly, confusing their viewers. When used to condemn the President, however, it serves merely as a condemnation and has no direct effect on the validity of presidency.

1 Congressional practice
2 Presidential censure cases
- 2.1 Andrew Jackson
- 2.2 Bill Clinton
3 Senatorial censures
- 3.1 Joseph McCarthy
4 Representative censures
- 4.1 Charles H. Wilson
- 4.2 Gerry Studds
5 See also
6 References
7 See also
8 External links

[edit] Congressional practice

Unlike impeachment, censure has no basis in the constitution, or in the rules of the Senate and House of Representatives. It derives from the formal condemnation of either congressional body of their own members. Article 1 Section 5 does state that each house of Congress may set its own rules of behaviour, and by two-thirds vote to expel a member. Censure of the Executive, Judicial or Foreign entities is not explicitly defined.

Only one U.S. president has been censured. In 1834, while under Whig control, the Senate censured Democratic President Andrew Jackson for withholding documents.^[1] 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.

Though no framework for the process of censuring a President exists, it would likely come in the form of a concurrent resolution between both chambers, and then a public announcement. It would carry no legal effect but would probably be damaging to the president's image. There was talk of censuring President Bill Clinton in the wake of the Monica Lewinsky scandal, but ultimately full impeachment was pursued instead. Many constitutional experts hold that motions to censure the President violate the Constitution's prohibition on bills of attainder.^{[citation needed]}

[edit] Presidential censure cases

[edit] Andrew Jackson

On March 27, 1834 the U.S. Senate censured President Andrew Jackson for his actions in defunding the Bank of the United States; the censure was later expunged when the Jacksonians had a majority in the Senate.^[1]

[edit] Bill Clinton

In 1998, Democrats proposed censuring President Bill Clinton as an alternative to impeachment for the Monica Lewinsky scandal. Public opinion polls at the time indicated that the majority of Americans preferred censure versus impeachment.

[edit] Senatorial censures

[edit] Joseph McCarthy

On December 2, 1954, Senator Joseph McCarthy (R-WI) was censured by the United States Senate for behavior that was “contrary to senatorial traditions." McCarthy had recklessly accused employees of the U.S. government of membership in the communist party, or of communist sympathies. McCarthy's efforts did not result in any convictions or criminal prosecutions for espionage but created in the country what has been called "The Red Scare."

In the History of the senate, 9 US Senators have been censured. 15 have been expelled, all but one of whom were expelled for supporting the confederacy during the US Civil War.

[edit] Representative censures

[edit] Charles H. Wilson

On June 10, 1980, Rep. Charles H. Wilson (D-CA) was censured 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 National Intelligence Service (South Korea)) funnelling bribes and favors through Korean businessman Tongsun Park in an attempt to gain favor and influence. Some 115 members of Congress were implicated. Also investigated were Sun Myung Moon and his Unification Church.