How Can a Member of the House of Representatives Be Removed? Exploring Expulsion and Other Measures

The Power of Expulsion in the House

The U.S. Constitution grants the House of Representatives the authority to remove its own members through expulsion. This powerful measure requires a two-thirds majority vote, making it a rare and serious action. Expulsion is typically reserved for cases of severe misconduct or disloyalty to the United States.

While expulsion is the most drastic measure, the House has other disciplinary tools at its disposal:

• Censure: A formal statement of disapproval
• Reprimand: A less severe form of censure
• Fine: Financial penalties for misconduct
• Loss of seniority or committee assignments

Historical Context of Expulsions

Since the founding of the United States, only five members have been expelled from the House of Representatives. Three of these expulsions occurred during the Civil War for supporting the Confederacy. The two most recent cases, in 1980 and 2002, involved members convicted of serious crimes.

The Ethics Committee’s Role

The House Ethics Committee plays a crucial role in the disciplinary process. This bipartisan committee investigates allegations of misconduct and can recommend various punishments, including expulsion, to the full House.

The committee’s investigation process typically includes:

• Gathering evidence
• Interviewing witnesses
• Holding hearings
• Issuing a report with recommendations

Censure vs. Expulsion: A Question of Severity

While expulsion requires a two-thirds vote, censure only needs a simple majority. This makes censure a more frequently used tool for addressing misconduct that doesn’t rise to the level of expulsion. Censured members retain their seat but face public rebuke from their colleagues.

Can Members Be Removed for Past Actions?

An ongoing debate in congressional ethics is whether members can be expelled for conduct that occurred before their election or reelection. This question touches on the balance between congressional authority and the will of the voters who elected the member.