Is there anything Congress can do to "punish" President Clinton short of impeachment? Ames, IA - 6/30/00
Impeachment is the only option presented in the Constitution. However, Congress could theoretically censure or reprimand the President by adopting a resolution condemning his behavior. The House and Senate could adopt separate censure resolutions, or both chambers could adopt the same concurrent resolution. The resolution would serve simply as a public statement of rebuke. It could not contain any binding sanctions nor any legal mandates.
The Senate censured a President once; but the censure was
removed from the official record three years later. The House has never voted to censure a President.
In 1834, President Andrew Jackson became
the target of a Senate censure resolution in an early precursor to "executive privilege." Jackson had
withheld from the Senate papers they wished to inspect regarding the rechartering of the second
Bank of the United States. Jackson's response to the censure was simply to refuse to accept the
rebuke, and continue his policies. When President Jackson's fellow Democrats regained the
majority, they cited the censure as unconstitutional and expunged it from the Senate Journal in
1837.
Censure is usually a formal condemnation by the House or Senate of one of its own Members. It rebukes a
Member for specific behavior considered to be inappropriate or demeaning to the institution.
Article I, section 5, clause 2 of the U.S. Constitution grants Congress the authority to "punish its
Members for disorderly Behaviour." From that grant of authority, Congress has denounced,
reprimanded, censured, or expelled its Members.
Since 1976, four Members of the House have been censured: for salary kickbacks from staff, for
having "ghost employees," for improper personal use of campaign funds, and for sexual
misconduct with House pages. Earlier examples of censure applied against House Members were
for assaulting another Member, insulting the Speaker, uttering treason, and using offensive
language on the floor. Senators have been censured for revealing secret information, financial
misconduct, misuse of campaign funds, assault on another Senator, disloyalty (during the Civil
War), and for offensive remarks on the floor.
The last House Members to have been censured were Daniel Crane (R-IL) and Gerry Studds
(D-MA) in 1983, for engaging in sexual relations with congressional pages: Crane with a 17-year-old female page and Studds with a 17-year-old male page. The last Senator censured was Senator David Durenberger (R-MN), for financial misconduct in 1990.
Resolutions of censure are adopted by a majority vote. After the House votes censure, the
Member must come forward to the well of the House, and be denounced before the entire body
by the presiding officer. This is usually done by reading aloud the text of the censure resolution.
The Member does not speak. House party rules further mandate that in the case of censure, the
Member may no longer hold within that Congress any leadership position within the party, such
as a committee or subcommittee chairmanship. The Senate has no provision for removal from
leadership posts after censure. Senate practice permits the offending Senator to address his/her
colleagues during the censure deliberations.