Censure in the United States

From Wikipedia, the free encyclopedia

Censure in the United States is a congressional procedure for reprimanding the President of the United States, a member of Congress or Judge. It is argued by some constitutional experts that motions to censure the President violate the Constitution's prohibition on bills of attainder.^{[citation needed]}

Contents 1 Congressional practice 2 Presidential censure cases 2.1 John Adams 2.2 Andrew Jackson 2.3 Bill Clinton 2.4 George W. Bush 3 Senatorial censures 3.1 Timothy Pickering 3.2 Benjamin Tappan 3.3 Benjamin R. Tillman and John L. McLaurin 3.4 Hiram Bingham 3.5 Joseph McCarthy 3.6 Thomas J. Dodd 3.7 Herman E. Talmadge 3.8 David F. Durenberger 4 Representative censures 4.1 Lovell Rousseau 4.2 Edward D. Holbrook 4.3 Daniel J. Flood 4.4 Charles H. Wilson 4.5 Gerry Studds 4.6 Dan Crane 5 Cabinet censures 5.1 Augustus H. Garland 6 References 7 See also 8 Further reading

[edit] Congressional practice

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

[edit] Presidential censure cases

[edit] John Adams

In 1800, Representative Edward Livingston of New York introduced a censure motion against President John Adams.^[1]

[edit] Andrew Jackson

Only one U.S. president has actually been censured by the 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.^[2]

[edit] Bill Clinton

In 1998, resolutions to censure President Bill Clinton for his role in the Monica Lewinsky scandal were introduced.^[3][4][5][6]

[edit] George W. Bush

Thus far, President George W. Bush has been the subject of five different resolutions for censure, including actions related to the NSA warrantless surveillance controversy, the pardoning of I. Lewis "Scooter" Libby, and the Plame affair.^{[7][8][9][10][11]} However, no censure resolution regarding George W. Bush has ever passed either house of congress.

[edit] Senatorial censures

See also: List of United States senators expelled or censured

In the history of the Senate, 9 U.S. Senators have been censured.^[12]

[edit] Timothy Pickering

Timothy Pickering (F-MA) was charged with reading confidential documents in open Senate session. (January 2, 1811)

[edit] Benjamin Tappan

Benjamin Tappan (D-OH) was charged with releasing to the New York Evening Post information regarding the annexation of the Republic of Texas. (May 10, 1844)

[edit] Benjamin R. Tillman and John L. McLaurin

Benjamin R. Tillman (D-SC) and John L. McLaurin (D-SC) were charged with fighting in the Senate chamber. (February 28, 1902)

[edit] Hiram Bingham

Hiram Bingham (R-CT) was "condemned" for employing a staff member to work on tariff legislation who also was employed at the same time by the Manufacturers Association of Connecticut. (November 4, 1929)

[edit] Joseph McCarthy

Joseph McCarthy (R-WI) was condemned for "abuse and non-cooperation with the Subcommittee on Privileges and Elections during a 1952 investigation of his conduct; for abuse of the Select Committee to Study Censure." (December 2, 1954)

[edit] Thomas J. Dodd

Thomas J. Dodd (D-CT) was censured for misappropriating campaign funds for personal use. (June 23, 1967)

[edit] Herman E. Talmadge

Herman E. Talmadge (D-GA) was charged with accepting reimbursements for expenses not incurred and improper reporting of campaign money. (October 11, 1979)

[edit] David F. Durenberger

David F. Durenberger (R-MN) was charged with unethical conduct "in connection with his arrangement with Piranha Press, his failure to report receipt of travel expenses in connection with his Piranha Press and Boston area appearances, his structuring of real estate transactions and receipt of Senate reimbursements in connection with his stays in his Minneapolis condominium, his pattern of prohibited communications respecting the condominium, his repeated acceptance of prohibited gifts of limousine service for personal purposes, and the conversion of a campaign contribution to his personal use." (July 25, 1990)

[edit] Representative censures

The neutrality of this section is disputed. Please see the discussion on the talk page.(August 2007) Please do not remove this message until the dispute is resolved.

This section does not cite any references or sources. (August 2007) Please help improve this section by adding citations to reliable sources. Unverifiable material may be challenged and removed.

[edit] Lovell Rousseau

Lovell Rousseau (R-KY) was censured in 1866 for beating a fellow congressman, Josiah B. Grinnell (R-IA), with a cane in front of the U.S. Capitol, leading to his resignation.

[edit] Edward D. Holbrook

Edward D. Holbrook (D-ID Ter.) was censured on February 4, 1869 for using unparliamentary language on the House floor.

[edit] Daniel J. Flood

Daniel J. Flood (D-PA) was censured for bribery in 1980, leading to his resignation.

[edit] Charles H. Wilson

Charles H. Wilson (D-CA) was censured on June 10, 1980 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)) funneling bribes and favors through Korean businessman Tongsun Park in an attempt to gain favor and influence. Some 115 members of the United States Congress were implicated.

[edit] Gerry Studds

Gerry Studds (D-MA) was censured in 1983 for inappropriate sexual behavior with a congressional page.

[edit] Dan Crane

Dan Crane (R-IL) was censured in 1983 for inappropriate sexual behavior with a congressional page.

[edit] Cabinet censures

[edit] Augustus H. Garland

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.^[13]

[edit] References

1. ^ [http://www.house.gov/pelosi/primpeac.htm Pelosi Votes Against Articles of Impeachment Argues in Favor of Censure]. Retrieved on 2007-08-06.
2. ^ U.S. Senate: Art & History Home > Historical Minutes > 1801-1850 > Senate Censures President. Retrieved on 2006-04-01.
3. ^ S.Res. 44
4. ^ H.J.Res. 139
5. ^ H.J.Res. 12
6. ^ H.J.Res. 140
7. ^ S.Res. 398
8. ^ H.Res. 530
9. ^ H.Res. 636
10. ^ S.Res. 302
11. ^ S.Res. 303
12. ^ U.S. Senate:Home > Art & History Home > Origins & Development > Powers & Procedures > Expulsion and Censure. Retrieved on 2007-08-06.
13. ^ Gonzales Vote Faces Obstacles This Week

[edit] See also

• Impeachment in the United States

[edit] Further reading

• Final Report of the Joint Committee on the Organization of Congress (December 1993):Enforcement of Ethical Standards in Congress
• Butler, Anne M., and Wendy Wolff, United States Senate Election, Expulsion and Censure Cases, 1793-1900 (Washington: Government Printing Office, 1995)