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((Short description|Most serious disciplinary action that can be taken against a Member of the U.S. Congress))
((More citations needed|date=September 2020))
'''Expulsion''' is the most serious form of [[Disciplinary procedure|disciplinary action]] that can be taken against a [[Member of Congress]].<ref name="WP-20210105">((cite news |last=Brockell |first=Gillian |title=The senators who were expelled after refusing to accept Lincoln's election |url=https://www.washingtonpost.com/history/2021/01/05/senators-expelled-lincoln-election-trump |date=January 5, 2021 |newspaper=[[The Washington Post]] |access-date=January 5, 2021 ))</ref> The [[United States Constitution]] ([[Article I of the United States Constitution#Clause 2: Rules|Article I, Section 5, Clause 2]]) provides that "Each House [of Congress] may determine the Rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member." The process for expulsion from the [[United States House of Representatives|House of Representatives]] differs somewhat from the process for expulsion from the [[United States Senate|Senate]].<ref>((cite book|last1=Brown|first1=Cynthia|last2=Garvey|first2=Todd|title=Expulsion of Members of Congress: Legal Authority and Historical Practice|date=January 11, 2018|publisher=Congressional Research Service|location=Washington, D.C.|url=https://fas.org/sgp/crs/misc/R45078.pdf|access-date=27 January 2018))</ref>

[[Censure in the United States|Censure]], a less severe form of disciplinary action, is an official sanction of a member. It does not remove a member from office.

==Process leading to expulsion==
Presently, the disciplinary process begins when a [[Resolution (law)|resolution]] to expel or censure a Member is referred to the appropriate [[United States congressional committee|committee]]. In the House, this is the [[United States House Committee on Ethics|Committee on Ethics]] (House Ethics Committee); in the Senate, this is the [[United States Senate Select Committee on Ethics|Select Committee on Ethics]] (Senate Ethics Committee).

The committee may then ask other Representatives or Senators to come forward with complaints about the Member under consideration or may initiate an investigation into the Member's actions. Sometimes Members may refer a resolution calling for an investigation into a particular Member or matter that may lead to the recommendation of expulsion or censure.

Rule XI (Procedures of committees and unfinished business) of the Rules of the House of Representatives states that the Committee on Standards of Official Conduct can investigate allegations that a Member violated "any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member ... in the performance of his duties or the discharge of his responsibilities". The Senate Select Committee on Ethics has the equivalent [[jurisdiction]]. The committee may then report back to their whole chamber as to its findings and recommendations for further actions.

When an investigation is launched by either committee, an investigatory subcommittee will be formed. Once the investigatory subcommittee has collected evidence, talked to [[witness]]es, and held an [[Adjudication|adjudicatory]] [[Hearing (law)|hearing]], it will vote on whether the Member is found to have committed the specific actions and then will vote on recommendations. If expulsion is the recommendation then the subcommittee's report will be referred to the full House of Representatives or Senate where Members may vote to accept, reject, or alter the report's recommendation. Voting to expel requires the concurrence of two-thirds of the members. This is set out in Article 1, Section 5, Clause 2 of the [[United States Constitution]].

==Expulsions from Congress==
((See also|List of United States representatives expelled, censured, or reprimanded|List of United States senators expelled or censured))
In the entire history of the United States Congress, 21 Members have been expelled: 15 from the Senate and six from the House of Representatives. Of these 21 members, 17 were expelled for supporting the [[Confederate States of America|Confederate States]] in 1861 and 1862. One member's expulsion, Senator [[William K. Sebastian]] of Arkansas, was posthumously reversed. The [[Article One of the United States Constitution#Clause 4: Vacancies|U.S. Constitution]] requires that vacancies in the House of Representatives be filled with a [[special election]]. Censure has been a much more common form of disciplinary action in Congress over the years, as it requires a much lower threshold of votes to impose.
{| class="wikitable"
|+Table key
|-
|N.V.
|No recorded vote
|-
|((Dagger))
|Posthumously reversed
|}
{| class="wikitable sortable plainrowheaders" style="font-size: 90%;"
|+Expelled members of Congress
! scope="col" class="unsortable" | Portrait
! scope="col" width="15%" | Name
! scope="col" width="5%" | Year
! scope="col" width="7%" | Chamber
! scope="col" width="10%" | Party
! scope="col" width="13%" | State
! scope="col" class="unsortable" width="32%" | Reason
! class="unsortable" width="8%" | Vote
! scope="col" class="unsortable" | Ref.
|-
![[File:William-blount-wb-cooper.jpg|114x114px]]
! scope="row" |'''((sortname|William|Blount))'''
|1797
|[[United States Senate|Senate]]
|[[Democratic-Republican Party|Democratic-Republican]]
|((Flag|Tennessee))
|[[Treason]] and conspiracy to incite a rebellion of [[Muscogee (Creek)|Creek]] and [[Cherokee]] to aid the British in conquering the [[Spanish Empire|Spanish]] territory of [[West Florida]].
|25—1
|<ref>((Cite web |title=U.S. Senate: Expulsion Case of William Blount of Tennessee (1797) |url=https://www.senate.gov/about/powers-procedures/expulsion/Blount_expulsion.htm |access-date=2023-12-26 |website=www.senate.gov))</ref>
|-
![[File:JMMason.jpg|119x119px]]
! scope="row" |'''((sortname|James M.|Mason))'''
|1861
|[[United States Senate|Senate]]
|[[Democratic Party (United States)|Democratic]]
|((Flag|Virginia))
|Supporting the [[American Civil War|Confederate rebellion]].
|32—10
|<ref name=":0">((Cite web |title=U.S. Senate: Civil War Expulsion Cases (1861) |url=https://www.senate.gov/about/powers-procedures/expulsion/036CivilWarCases1_expulsion.htm |access-date=2023-12-26 |website=www.senate.gov))</ref>
|-
![[File:R.M.T. Hunter CSA LOC cwpb.05605 (3x4a).jpg|125x125px]]
! scope="row" |'''((sortname|Robert M. T.|Hunter))'''
|1861
|[[United States Senate|Senate]]
|[[Democratic Party (United States)|Democratic]]
|((Flag|Virginia))
|Supporting the [[American Civil War|Confederate rebellion]].
|32—10
|<ref name=":0" />
|-
![[File:Thomas Lanier Clingman in uniform.jpg|131x131px]]
! scope="row" |'''((sortname|Thomas L.|Clingman))'''
|1861
|[[United States Senate|Senate]]
|[[Democratic Party (United States)|Democratic]]
|((Flag|North Carolina))
|Supporting the [[American Civil War|Confederate rebellion]].
|32—10
|<ref name=":0" />
|-
![[File:Thomas Bragg 1.jpg|132x132px]]
! scope="row" |'''((sortname|Thomas|Bragg))'''
|1861
|[[United States Senate|Senate]]
|[[Democratic Party (United States)|Democratic]]
|((Flag|North Carolina))
|Supporting the [[American Civil War|Confederate rebellion]].
|32—10
|<ref name=":0" />
|-
![[File:James Chesnut, Jr.jpg|126x126px]]
! scope="row" |'''((sortname|James|Chesnut Jr.))'''
|1861
|[[United States Senate|Senate]]
|[[Democratic Party (United States)|Democratic]]
|((Flag|South Carolina))
|Supporting the [[American Civil War|Confederate rebellion]].
|32—10
|<ref name=":0" />
|-
![[File:Alfred O. P. Nicholson.jpg|134x134px]]
! scope="row" |'''((sortname|Alfred O. P.|Nicholson))'''
|1861
|[[United States Senate|Senate]]
|[[Democratic Party (United States)|Democratic]]
|((Flag|Tennessee))
|Supporting the [[American Civil War|Confederate rebellion]].
|32—10
|<ref name=":0" />
|-
![[File:WKSebastianCommons.jpg|120x120px]]
! scope="row" |'''((sortname|William K.|Sebastian))''' †
|1861
|[[United States Senate|Senate]]
|[[Democratic Party (United States)|Democratic]]
|((Flag|Arkansas))
|Supporting the [[American Civil War|Confederate rebellion]].
|32—10
|<ref name=":0" />
|-
![[File:Charles Mitchel.jpg|118x118px]]
! scope="row" |'''((sortname|Charles B.|Mitchel))'''
|1861
|[[United States Senate|Senate]]
|[[Democratic Party (United States)|Democratic]]
|((Flag|Arkansas))
|Supporting the [[American Civil War|Confederate rebellion]].
|32—10
|<ref name=":0" />
|-
![[File:John Hemphill.jpg|128x128px]]
! scope="row" |'''((sortname|John|Hemphill|dab=senator))'''
|1861
|[[United States Senate|Senate]]
|[[Democratic Party (United States)|Democratic]]
|((Flag|Texas))
|Supporting the [[American Civil War|Confederate rebellion]].
|32—10
|<ref name=":0" />
|-
![[File:Louis Trezevant Wigfall (cropped).png|110x110px]]
! scope="row" |'''((sortname|Louis|Wigfall))'''
|1861
|[[United States Senate|Senate]]
|[[Democratic Party (United States)|Democratic]]
|((Flag|Texas))
|Supporting the [[American Civil War|Confederate rebellion]].
|32—10
|<ref name=":0" />
|-
![[File:John C Breckinridge-04775-restored.jpg|126x126px]]
! scope="row" |'''((sortname|John C.|Breckinridge))'''
|1861
|[[United States Senate|Senate]]
|[[Democratic Party (United States)|Democratic]]
|((Flag|Kentucky))
|Supporting the [[American Civil War|Confederate rebellion]].
|36—0
|<ref>((Cite web |title=U.S. Senate: Expulsion Case of John C. Breckinridge of Kentucky (1861) |url=https://www.senate.gov/about/powers-procedures/expulsion/038Breckinridge_expulsion.htm |access-date=2023-12-26 |website=www.senate.gov))</ref>
|-
![[File:Hon. Trusten Polk, Mo - NARA - 528704.jpg|111x111px]]
! scope="row" |'''((sortname|Trusten|Polk))'''
|1862
|[[United States Senate|Senate]]
|[[Democratic Party (United States)|Democratic]]
|((Flag|Missouri))
|Supporting the [[American Civil War|Confederate rebellion]].
|36—0
|<ref name=":1">((Cite web |title=U.S. Senate: Civil War Expulsion Cases (1862) |url=https://www.senate.gov/about/powers-procedures/expulsion/039CivilWarCases_expulsion.htm |access-date=2023-12-26 |website=www.senate.gov))</ref>
|-
![[File:WPJohnson.jpg|120x120px]]
! scope="row" |'''((sortname|Waldo P.|Johnson))'''
|1862
|[[United States Senate|Senate]]
|[[Democratic Party (United States)|Democratic]]
|((Flag|Missouri))
|Supporting the [[American Civil War|Confederate rebellion]].
|35—0
|<ref name=":1" />
|-
![[File:Jesse D Bright.jpg|107x107px]]
! scope="row" |'''((sortname|Jesse D.|Bright))'''
|1862
|[[United States Senate|Senate]]
|[[Democratic Party (United States)|Democratic]]
|((Flag|Indiana))
|Supporting the [[American Civil War|Confederate rebellion]].
|32—14
|<ref>((Cite web |title=U.S. Senate: Expulsion Case of Jesse D. Bright of Indiana (1862) |url=https://www.senate.gov/about/powers-procedures/expulsion/040JesseBright_expulsion.htm |access-date=2023-12-26 |website=www.senate.gov))</ref>
|-
![[File:John Bullock Clark, Senior (3x4a).jpg|124x124px]]
! scope="row" |'''((sortname|John Bullock|Clark))'''
|1862
|[[United States House of Representatives|House]]
|[[Democratic Party (United States)|Democratic]]
|((Flag|Missouri))
|Supporting the [[American Civil War|Confederate rebellion]].
|94—45
|<ref name=":2">((Cite web |title=List of Individuals Expelled, Censured, or Reprimanded in the U.S. House of Representatives ((!)) US House of Representatives: History, Art & Archives |url=https://history.house.gov/Institution/Discipline/Expulsion-Censure-Reprimand/ |access-date=2023-12-26 |website=history.house.gov |language=en))</ref>
|-
![[File:John William Reid (Missouri Congressman).jpg|134x134px]]
! scope="row" |'''((sortname|John William|Reid))'''
|1862
|[[United States House of Representatives|House]]
|[[Democratic Party (United States)|Democratic]]
|((Flag|Missouri))
|Supporting the [[American Civil War|Confederate rebellion]].
|N.V.
|<ref name=":2" />
|-
![[File:Henry Cornelius Burnett - Brady-Handy (cropped).jpg|123x123px]]
! scope="row" |'''((nowrap|((sortname|Henry Cornelius|Burnett))))'''
|1862
|[[United States House of Representatives|House]]
|[[Democratic Party (United States)|Democratic]]
|((Flag|Kentucky))
|Supporting the [[American Civil War|Confederate rebellion]].
|N.V.
|<ref name=":2" />
|-
![[File:Michael Myers 95th Congress photo.jpg|108x108px]]
! scope="row" |'''((sortname|Michael|Myers|dab=Pennsylvania politician))'''
|1980
|[[United States House of Representatives|House]]
|[[Democratic Party (United States)|Democratic]]
|((Flag|Pennsylvania))
|Conviction for [[bribery]] in connection with the [[Abscam]] scandal.
|376—30
|<ref name=":2" />
|-
![[File:James Traficant 105th Congress 1997.jpg|114x114px]]
! scope="row" |'''((sortname|James|Traficant))'''
|2002
|[[United States House of Representatives|House]]
|[[Democratic Party (United States)|Democratic]]
|((Flag|Ohio))
|Conviction for bribery, [[racketeering]], and [[tax evasion]].
|420—1
|<ref name=":2" />
|-
![[File:Rep. George Santos Official Portrait.jpg|116x116px]]
! scope="row" |'''((sortname|George|Santos))'''
|2023
|[[United States House of Representatives|House]]
|[[Republican Party (United States)|Republican]]
|((Flag|New York))
|Findings of fraud and misuse of campaign funds by the [[United States House Committee on Ethics|House Ethics Committee]].
|311—114
|<ref name=":2" />
|}

== Other initiations of actions to expel ==
There have been numerous other attempts to expel members of Congress. In many of those instances members under serious threat of expulsion resigned, including:

* 1862: Senator [[James F. Simmons]], [[Republican Party (United States)|Republican]] of [[Rhode Island]]. On July 14, 1862, the [[United States Senate Committee on the Judiciary|Judiciary Committee]] reported that the charges of [[Political corruption|corruption]] against Simmons were "essentially correct"; The Senate adjourned three days later, and Simmons resigned on August 15 before the Senate could take action.
* 1906: Senator [[Joseph R. Burton]], [[Republican Party (United States)|Republican]] of [[Kansas]]. Resigned after the Supreme Court upheld his conviction on charges of receiving compensation for intervening with a federal agency.
* 1922: Senator [[Truman H. Newberry]], [[Republican Party (United States)|Republican]] of [[Michigan]]. On March 20, 1920, Newberry was convicted on charges of violating campaign finance laws by spending $3,750 to secure his Senate election. The Supreme Court overturned this decision on May 2, 1921, on the grounds that the Senate exceeded its powers in attempting to regulate [[primary election]]s. On January 12, 1922, the Senate voted 46–41 that Newberry was duly elected in 1918. However, after certain members resumed their efforts to unseat him, Newberry resigned on November 18, 1922, two days before the start of the third session of the [[67th United States Congress|67th Congress]].
* 1981: Representative [[Raymond F. Lederer]], [[Democratic Party (United States)|Democrat]] of [[Pennsylvania]], was the only member of the [[Abscam]] scandal to win re-election. However he resigned due to "personal legal problems" a week after the House Ethics Committee recommended his expulsion for accepting a $50,000 bribe.<ref>((cite news |title=Exit Mr. Lederer |date=May 3, 1981 |newspaper=[[The New York Times]] |url=https://www.nytimes.com/1981/05/03/weekinreview/the-nation-exit-mr-lederer.html))</ref>
* 1982: Senator [[Harrison A. Williams]], [[Democratic Party (United States)|Democrat]] of [[New Jersey]], resigned after the Committee on Ethics recommended his expulsion due to his "ethically repugnant" actions in the [[Abscam]] scandal.
* 1995: Senator [[Bob Packwood]], [[Republican Party (United States)|Republican]] of [[Oregon]], resigned after the Committee of Ethics recommended his expulsion due to his gross sexual misconduct and his attempts to enrich himself through his official position.
* 2006: Representative [[Bob Ney]], [[Republican Party (United States)|Republican]] of Ohio, resigned after being convicted in connection with the [[Jack Abramoff scandals]].

There were other instances in which investigations were brought, but the defendants were exonerated, expulsion was rejected, insufficient evidence was found, or the member's term expired:

* 1808: Senator [[John Smith (Ohio politician born 1735)|John Smith]], [[Democratic-Republican]] of [[Ohio]], was implicated in the [[Aaron Burr]]-led [[Burr conspiracy|conspiracy to invade Mexico]] and create a new country in the west. Senator [[John Quincy Adams]] of [[Massachusetts]] led the attempt to expel Smith from the Senate while [[Francis Scott Key]] defended Smith before the Senate. Expulsion failed 19 to 10, less than the two-thirds majority needed. At request of the [[Ohio Legislature]], Smith resigned two weeks after the vote.
* 1856: Congressman [[Preston Brooks]], [[Democratic Party (United States)|Democrat]] of [[South Carolina]], beat Senator [[Charles Sumner]] with a cane. For [[Caning of Charles Sumner|this incident]], he avoided expulsion but resigned; he was then re-elected by the people of South Carolina, who considered him a hero.
* 1862: The expulsion of Senator [[Lazarus W. Powell]], [[Democratic Party (United States)|Democrat]] of Kentucky, was sought for support for Confederate rebellion. Unlike the three Senators expelled for that reason the same year and the eleven Senators the previous year, Powell was not expelled.
* 1873: Senator [[James W. Patterson]], [[Republican Party (United States)|Republican]] of [[New Hampshire]], was accused of corruption, and a Senate select committee recommended expulsion on February 27. On March 1, a Republican caucus decided that there was insufficient time remaining in the session to deliberate the matter. Patterson's term expired March 3, and no further action was taken.
* 1893: Senator [[William N. Roach]], [[Democratic Party (United States)|Democrat]] of [[North Dakota]], was accused of [[embezzlement]] that had allegedly occurred 13 years earlier. After extensive deliberation, the Senate took no action, assuming that it lacked jurisdiction over members' behavior before their election to the Senate.
* 1905: Senator [[John H. Mitchell]], [[Republican Party (United States)|Republican]] of [[Oregon]], was indicted on corruption charges on January 1, 1905, and was convicted on July 5 of that year, during a Senate recess. He died on December 8, while his case was still on appeal and before the Senate, which had convened on December 4, could take any action against him.
* 1907: Senator [[Reed Smoot (U.S. Senator)|Reed Smoot]], [[Republican Party (United States)|Republican]] of [[Utah]], a leader in the [[LDS Church]], was the subject of a two-year investigation by the [[United States Senate Committee on Privileges and Elections|Committee on Privileges and Elections]], which found that Smoot was not due his seat in the Senate because he was "a leader in a religion that advocated [[polygamy]] which is contrary to the U.S. Constitution".<ref>((cite web|url=https://www.senate.gov/artandhistory/history/common/briefing/Expulsion_Censure.htm|title=4 Briefing on Expulsion and Censure|date=30 May 2014|publisher=U.S. Senate |access-date=28 September 2014))</ref> Smoot's expulsion failed by a vote of 27–43 after the Senate decided that he fit the constitutional requirements to be a Senator.
* 1919: Senator [[Robert M. La Follette Sr.]], [[Republican Party (United States)|Republican]] of [[Wisconsin]], was accused of [[disloyalty]] after a 1917 speech he gave in opposition to U.S. entry into [[World War I]]. The Committee on Privileges and Elections recommended that La Follette not be expelled and the Senate concurred in a 50–21 vote.
* 1924: Senator [[Burton K. Wheeler]], [[Democratic Party (United States)|Democrat]] of [[Montana]], was indicted for [[conflict of interest]], specifically acting as a lawyer, while a senator, in cases in which the U.S. was a party. A Senate committee, however, found that his dealings related to litigation before [[State court (United States)|state courts]] and that he received no compensation for any service before [[United States federal executive departments|federal departments]]. The Senate exonerated him by a vote of 56–5.<ref>((Cite web|url=https://www.govtrack.us/congress/members/burton_wheeler/411492|title=Burton Wheeler, former Senator for Montana |website=GovTrack.us|language=en|access-date=2018-07-10))</ref>
* 1934: The Committee on Privileges and Elections, jointly considering the case of Senators [[John H. Overton]] and [[Huey P. Long]], both [[Democratic Party (United States)|Democrat]]s of [[Louisiana]], determined that the evidence to support charges of election fraud were insufficient to warrant further consideration.
* 2023: Representative [[Jamaal Bowman]], Democrat of [[New York State|New York]], had a motion of expulsion brought against him by 13 House Republicans after pulling a fire alarm during a vote over an impending government shutdown. Bowman was accused of pulling the alarm, which was in a building other than the Capitol, to delay the bill he supported. Bowman stated that he thought that pulling the alarm would open a locked door and was not an attempt to delay the bill.<ref>((Cite web|url=https://www.bbc.com/news/world-us-canada-66987488|title=Jamaal Bowman: Republicans seek Democrat's expulsion for pulling fire alarm|date=October 2, 2023|work=BBC))</ref>
* 2023: Representative [[George Santos]], Republican of [[New York State|New York]], faced a motion of expulsion on November 1 following several criminal fraud charges. The motion failed by a vote of 179–213, with 19 voting present, insufficient to meet the two-thirds threshold. Support was mostly from Democrats, joined by 24 Republicans, while 31 Democrats joined Republicans in opposing.<ref>((Cite web|url=https://apnews.com/article/george-santos-expel-house-republicans-new-york-249bd2341d157bc6727b77607d8d45ae|title=Rep. George Santos survives effort to expel him from the House. But he still faces an ethics report|website=AP News))</ref> Following the report of an ethics probe, a second motion resulted in his expulsion on December 1, with a vote of 311–114.<ref name="santos">((Cite news |issn=1756-3224 |oclc=60623878 |language=en-GB |newspaper=[[The Guardian]] |publisher=[[Guardian Media Group]] |department=US Politics |last=Pengelly |first=Martin |url=https://www.theguardian.com/us-news/2023/dec/01/george-santos-expelled-congress-vote |title=Republican George Santos expelled from Congress in bipartisan vote |date=2023-12-01 |accessdate=2023-12-01))</ref><ref>((cite web |title=Roll Call 691 - Bill Number: H. Res. 878 |url=https://clerk.house.gov/Votes/2023691 |publisher=Office of the Clerk of the United States House of Representatives |access-date=7 December 2023 |date=1 December 2023))</ref>

==See also==
* [[Federal impeachment in the United States]]
* [[List of federal political scandals in the United States]]
* [[List of United States senators expelled or censured]]
* [[List of United States representatives expelled, censured, or reprimanded]]
* [[Resignation from the United States Senate]]

==References==
((reflist))

== Further reading ==

*Maskell, Jack. [https://web.archive.org/web/20100707030912/http://www.rules.house.gov/archives/rl31382.pdf "Expulsion, Censure, Reprimand, and Fine: Legislative Discipline in the House of Representatives"], Congressional Research Service, April 16, 2002.
*Maskell, Jack. [https://www.everycrsreport.com/reports/RL30016.html "Recall of Legislators and the Removal of Members of Congress from Office"], Congressional Research Service, March 20, 2003.
*[https://www.senate.gov/artandhistory/history/common/briefing/Expulsion_Censure.htm "Senate History on Expulsion and Censure."]
*Sorokin, Ellen. [https://www.washingtontimes.com/news/2002/jul/25/20020725-034819-4742r/ "In Congress' 213-year history, expulsion 'exceedingly rare'"], ''The Washington Times'', July 25, 2002.
* ((cite report|url=https://crsreports.congress.gov/product/pdf/R/R45078|title=Expulsion of Members of Congress: Legal Authority and Historical Practice|date=November 7, 2023|publisher=[[Congressional Research Service]]|id=R45078))
((USCongress))

[[Category:Expelled members of the United States Congress| ]]

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Return to Expulsion from the United States Congress.

Retrieved from "https://en.wikipedia.org/wiki/Expulsion_from_the_United_States_Congress"