What is Censure?
Contents
What is Censure?
Probable Censure Procedure
Is Censure Legal?
The Historical Uses of Censure
Congressional
Resolutions Critical Of Presidential Policies
Congressional
Censure of Other Civil Officers
Text of Resolution To Censure Clinton
(Never Passed)
Text of House Judiciary Committee Resolution
To Censure Clinton (Never Passed or Debated)
What is "Censure?[1]"
Although ill-defined, censure is a process of Congressional
reprimand--the political equivalent of a strongly-worded letter.
In 1834, a Whig Senate "censured" Democratic President
Andrew Jackson in retaliation for his withholding documents.
Three years later, a Democratic Senate "expunged"
the censure from the record. However, that act of censure
had no basis in either the Constitution or the Rules of the
House and Senate. This remains true today. Ordinarily, Congressional
disapproval of the President is relayed either through its
legislative power including the veto override power or through
impeachment.
Presumably, censure of the President would take the form
of a resolution adopted by both the House and Senate and then
publicly announced. Legally, the resolution would have no
effect. Censure derives from the formal condemnation by either
the House or the Senate in rebuke of a Member of their own
body. After a majority vote, the Member is publicly denounced,
but still retains the position of Representative or Senator.
However, the House removes the offending Member from any leadership
positions in committees or sub-committees.
Probable Censure Procedure[2]
[from C-SPAN]
A special rule from the House Rules Committee would be required
for its floor consideration and to set debate parameters.
A censure resolution could be drafted, considered, and then
reported from the House Judiciary Committee, or
A censure resolution could be introduced and taken up immediately
under the auspices of a special rule from the House Rules
Committee, or
A censure resolution could be introduced by an individual
Member, and referred to the House Judiciary Committee for
its consideration.
In the Senate, a censure resolution could be introduced and
would be referred to the Senate Judiciary Committee, or
The Senate Judiciary Committee could draft, consider and report
out a censure resolution to the full Senate; or
A unanimous consent agreement could be worked out in advance
to introduce a censure resolution by sending it to the desk
and providing for its immediate consideration.
Floor debate and possible amendment of a censure resolution
would most likely be governed by a unanimous consent agreement
among all Senators.
If there is a single objection to a unanimous consent agreement,
the Majority Leader could move to proceed to a censure resolution.
Adoption of a motion to proceed requires a majority vote,
unless it is filibustered. In that case, a 3/5ths vote (60
or more) is required to end the filibuster.
Is Censure Legal?[3]
The Committee on Federal Legislation concludes that Congress
may, indeed, constitutionally respond to alleged Presidential
misconduct by means other than the impeachment process. Either
House of Congress, or both, may pass a resolution condemning
or disapproving presidential conduct. (This report will adopt
the term "censure" to describe such resolutions
generically, although Congress need not use that term.) [The
Committee] believe[s] Congress may censure Presidential misconduct
irrespective of whether such conduct would, in fact, merit
impeachment. Such censure, by itself, of course carries only
the moral weight of expressed congressional condemnation,
however heavy that weight may be[4].
The Historical Uses of Censure[5]
Censure is most commonly a tool of either the House or Senate
for disciplining their own members. A presidential censure
has been used or considered by both houses in a number of
cases, mostly in the 19th century.
1800 – President John Adams
Censure debated in the House over a communication from the
President to a judge described as a “dangerous interference
of the Executive with Judicial decisions.”
1834 – President Andrew Jackson
Censure approved by the Senate and protested by the President.
The Senate adopted a resolution stating that conduct involving
the Secretary of the Treasury and the turn over of certain
documents was “in derogation” of the Constitution
or the laws of the nation.
1842 – President John Tyler
Condemned by the House for his veto of a tarrif bill and
the tone of his veto message[6].
1848 – President James K. Polk
Both houses of Congress censured Polk for “starting
an unnecessary and unconstitutional war while passing a joint
resolution thanking Maj. Gen. Zachary Taylor for his victory
in the Mexican-American war[7].”[8]
1862 – President James Buchannon
Condemnation and censure debated and tabled in the Senate
for alleged failures while President to take the necessary
action to prevent the secession from the Union of several
southern states.
1974 – President Richard Nixon
A censure resolution in the House claiming presidential
negligence and maladministration died on the floor.
1998 – President William J. Clinton
A censure resolution in the Senate put forward by Senator
Feinstein failed to get the two-thirds majority required to
suspend the rules and take up the censure resolution. The
vote was 56-43.
Congressional
Resolutions Critical Of Presidential Policies[?]
It is not unusual for one or both houses of Congress—separately
or concurrently—to adopt resolutions that criticize
presidential actions or policies. Recent examples abound:
The House of Representatives this year expressed its disapproval
of President Clinton purportedly utilizing resources of the
White House Counsel’s Office for personal legal matters.
The House of Representatives passed a joint resolution last
year disapproving the certification by President Clinton,
pursuant to section 490(b) of the Foreign Assistance Act,
with respect to assistance to Mexico.
The House of Representatives passed a concurrent resolution
in 1996 criticizing public remarks of President Clinton that
the House viewed as conveying an impression that he might
pardon James McDougal, Susan McDougal and Jim Guy Tucker.
Expressions of congressional sentiment or judgment on executive
policy or individual actions, including those of the President,
are neither without precedent nor even especially uncommon.
Congressional Censure of Other
Civil Officers[?]
Congress first considered adopting a condemnatory resolution
against executive branch officials during the administration
of George Washington. Alexander Hamilton, Washington’s
Secretary of the Treasury, had become the focal point in a
partisan battle over creation of a national bank. To discredit
Hamilton, Representative William Branch Giles introduced nine
resolutions in 1793 to condemn Hamilton’s alleged improper
handling of two congressionally authorized loans.38 The moneys
from the loans, one to pay a foreign debt, the second to pay
for domestic operations, were commingled by Hamilton despite
Congress’s instruction that they be kept separate. Although
ultimately defeated, the proposed resolutions to censure Hamilton
established a precedent.
Congress has exercised its prerogative to criticize other
officers of the executive branch by resolutions of censure.
In 1822, during the Monroe administration, the House "censured"
Major Christopher Van Deventer, the War Department’s
Chief Clerk, for awarding a construction contract to his brother-in-law,
Elijah Mix, who in turn sold a quarter interest in the contract
back to Van Deventer.
Since 1822, one or both Houses of Congress has attempted
on numerous occasions, with varying degrees of success, to
express its disapproval of the actions of executive branch
officials.
Text of Resolution To Censure Clinton
Senator Dianne Feinstein
February 12, 1999
Whereas William Jefferson Clinton, president of the United
States, engaged in an inappropriate relationship with a subordinate
employee in the White House, which was shameful, reckless
and indefensible;
Whereas William Jefferson Clinton, president of the United
States, deliberately misled and deceived the American people,
and people in all branches of the United States government;
Whereas William Jefferson Clinton, president of the United
States, gave false or misleading testimony and his actions
have had the effect of impeding discovery of evidence in judicial
proceedings;
Whereas William Jefferson Clinton's conduct in this matter
is unacceptable for a president of the United States, does
demean the office of the president as well as the president
himself, and creates disrespect for laws of the land;
Whereas President Clinton fully deserves censure for engaging
in such behavior;
Whereas future generations of Americans must know that such
behavior is not only unacceptable but also bears grave consequences,
including loss of integrity, trust and respect;
Whereas William Jefferson Clinton remains subject to criminal
actions in a court of law like any other citizen;
Whereas William Jefferson Clinton's conduct in this matter
has brought shame and dishonor to himself and to the office
of the president; and
Whereas William Jefferson Clinton through his conduct in
this matter has violated the trust of the American people;
Now therefore be it resolved that:
The United States Senate does hereby censure William Jefferson
Clinton, president of the United States, and does condemn
his wrongful conduct in the strongest terms; and
Now be it further resolved that:
The United States Senate recognizes the historic gravity
of this bipartisan resolution, and trusts and urges that future
congresses will recognize the importance of allowing this
bipartisan statement of censure and condemnation to remain
intact for all time; and
Be it further resolved that:
The Senate now move on to other matters of significance to
our people, to reconcile differences between and within the
branches of government, and to work together -- across party
lines -- for the benefit of the American people.
Democratic Censure Resolution (House
Judiciary Committee)
December 9, 1998
The Democratic members of the House Judiciary Committee today
proposed this censure resolution to the panel as an alternate
to voting out articles of impeachment.
Joint Resolution
It is the Sense of the Congress that –
On January 20, 1993, William Jefferson Clinton took the
oath, prescribed by the Constitution of the United States,
faithfully to execute the Office of President; implicit in
that oath is the obligation that the President set an example
of high moral standards and conduct himself in a manner that
fosters respect for the truth; and William Jefferson Clinton
has egregiously failed in this obligation, and through his
actions has violated the trust of the American people, lessened
their esteem for the office of President and dishonored the
office which they have entrusted to him,
Be it resolved That:
1. The President made false statements concerning his reprehensible
conduct with a subordinate;
2. The President wrongly took steps to delay discovery of
the truth;
3. No person is above the law, and the President remains
subject to criminal and civil penalties, for this conduct;
4. William Jefferson Clinton, President of the United States,
by his conduct has brought upon himself and fully deserves
the censure and condemnation of the American people and the
Congress; and by his signature on this Joint Resolution, the
President acknowledges this censure.
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[1] Polk found himself under condemnation for starting the
1846 Mexican-American War by sending U.S. soldiers into disputed
territory along the Mexican border without a declaration of
war. In 1848, Congress passed a joint resolution praising
Maj. Gen. Zachary Taylor for his victory "in a war unnecessarily
and unconstitutionally begun by the President of the United
States.
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[1] http://www.law.cornell.edu/background/impeach/censure.htm
[2] http://www.law.cornell.edu/background/impeach/censure.htm
[3] http://www.abcny.org/impch98.htm
[4] http://www.law.cornell.edu/background/impeach/censure.htm
[5] http://www.findarticles.com/cf_dls/m1571/5_15/53744895/p1/article.jhtml
[6] Polk found himself under condemnation for starting the
1846 Mexican-American War by sending U.S. soldiers into disputed
territory along the Mexican border without a declaration of
war. In 1848, Congress passed a joint resolution praising
Maj. Gen. Zachary Taylor for his victory "in a war unnecessarily
and unconstitutionally begun by the President of the United
States.
[7] http://www.findarticles.com/cf_dls/m1571/5_15/53744895/p1/article.jhtml
[vi] http://www.abcny.org/impch98.htm
[vii] http://www.abcny.org/impch98.htm
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