CensureCensure is a process by which a formal reprimand is issued to an individual by an authoritative body. In a deliberative assembly, a motion to censure is used....
in the United States is a
congressional procedureA resolution is a written motion adopted by a deliberative body. The substance of the resolution can be anything that can normally be proposed as a motion. For long or important motions, though, it is often better to have them written out so that discussion is easier or so that it can be...
for reprimanding the
President of the United StatesThe President of the United States is the head of state and head of government of the United States and is the highest political official in the United States by influence and recognition...
, a member of
CongressThe United States Congress is the bicameral legislature of the federal government of the United States of America, consisting of two houses, the Senate and the House of Representatives. Both senators and representatives are chosen through direct election....
, or
JudgeA judge, or arbiter of justice, is a lead official who presides over a court of law, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is like an umpire in a game and...
. It is argued by some constitutional experts that motions to censure the President violate the Constitution's prohibition on
bills of attainderA bill of attainder is an act of the legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a trial.-Origin:...
.
Congressional practice
Unlike
impeachmentImpeachment is the first of two stages in a specific process for a legislative body to consider whether or not to forcibly remove a government official from office. The impeachment itself brings the charges against the official...
, censure has no explicit basis in the
United States ConstitutionThe Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States...
. 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.
John Adams
In 1800,
RepresentativeThe United States House of Representatives, commonly referred to as the "House," is the lower house of the bicameral United States Congress, the upper house being the United States Senate. The composition and powers of the House and the Senate are established in Article One of the Constitution...
Edward LivingstonEdward Livingston was a prominent American jurist and statesman. He was an influential figure in the drafting of the Louisiana Civil Code of 1825, a civil code based largely on the Napoleonic Code. He represented both New York, and later Louisiana in Congress and he served as the U.S...
of
New YorkNew York is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous. The state is bordered by New Jersey and Pennsylvania to the south, and Connecticut, Massachusetts and Vermont to the east...
introduced a censure motion against President
John AdamsJohn Adams was an American politician and the second President of the United States , after being the first Vice President for two terms. He is regarded as one of the most influential Founding Fathers of the United States.Adams came to prominence in the early stages of the American Revolution...
.
Andrew Jackson
Only one U.S. president has actually been censured by the Senate. In 1834, while under
WhigThe Whig Party was a political party of the United States during the era of Jacksonian democracy. Considered integral to the Second Party System and operating from 1833 to 1856, the party was formed in opposition to the policies of President Andrew Jackson and the Democratic Party...
control, the Senate censured
DemocraticThe Democratic Party is one of the two major contemporary political parties in the United States, along with the Republican Party. It is the oldest political party in continuous operation in the United States and it is one of the oldest parties in the world. In the U.S...
President
Andrew JacksonAndrew Jackson was the seventh President of the United States . He was military governor of Florida , commander of the American forces at the Battle of New Orleans , and eponym of the era of Jacksonian democracy...
for withholding documents relating to his actions in defunding the
Bank of the United StatesThe Second Bank of the United States was chartered in 1816, five years after the First Bank of the United States lost its own charter. The Second Bank of the United States was initially headquartered in Carpenters' Hall, Philadelphia, the same as the First Bank, and had branches throughout the...
. 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
expungedIn the common law legal system, an expungement proceeding is a type of lawsuit in which the subject of a prior criminal investigation or proceeding seeks that the records of that earlier process be sealed or destroyed, thereby restoring the subject's name. If successful, the records are said to be...
in 1837.
James Polk
In 1848, the
United States House of RepresentativesThe United States House of Representatives, commonly referred to as the "House," is the lower house of the bicameral United States Congress, the upper house being the United States Senate. The composition and powers of the House and the Senate are established in Article One of the Constitution...
voted to censure President James Polk.
James Buchanan
In 1860, the
United States CongressThe United States Congress is the bicameral legislature of the federal government of the United States of America, consisting of two houses, the Senate and the House of Representatives. Both senators and representatives are chosen through direct election....
voted to censure President
James BuchananJames Buchanan, Jr. was the 15th President of the United States from 1857–1861 and the last to be born in the 18th century...
.
Bill Clinton
In 1998, resolutions to censure President
Bill ClintonWilliam Jefferson "Bill" Clinton was the 42nd President of the United States from 1993 to 2001. He was the third-youngest president; only Theodore Roosevelt and John F. Kennedy were younger when entering office...
for his role in the Monica Lewinsky scandal were introduced.
George W. Bush
Thus far, former President
George W. BushGeorge Walker Bush was the 43rd President of the United States from 2001 to 2009 and the 46th Governor of Texas from 1995 to 2000....
has been the subject of five different resolutions for censure, including actions related to the
NSA warrantless surveillance controversyThe NSA warrantless surveillance controversy concerns surveillance of persons within the United States incident to the collection of foreign intelligence by the U.S. National Security Agency as part of the war on terror...
, the commutation of
I. Lewis "Scooter" Libby'sIrve Lewis "Scooter" Libby was an Assistant to the former President of the United States, George W. Bush and Chief of Staff to the former Vice President, Dick Cheney, and Assistant to the Vice President for National Security Affairs, serving from 2001 to 2005, and is a convicted felon.Libby...
sentence, and the
Plame affairThe phrase Plame Affair refers to the identification of Valerie Plame Wilson as a covert Central Intelligence Agency officer. Mrs. Wilson's relationship with the CIA was classified information...
. However, no censure resolution regarding George W. Bush has ever passed either house of congress.
Senatorial censures
In the history of the Senate, 9 U.S. Senators have been censured.
Timothy Pickering
Timothy PickeringTimothy Pickering was a politician from Massachusetts who served in a variety of roles, most notably as the third United States Secretary of State, serving in that office from 1795 to 1800 under Presidents George Washington and John Adams.-Early years:Pickering was born in Salem, Massachusetts to...
(F-MA) was charged with reading confidential documents in open Senate session. (January 2, 1811)
Benjamin Tappan
Benjamin TappanBenjamin Tappan was an Ohio judge and Democratic politician who served in the Ohio State Senate and the United States Senate...
(D-OH) was charged with releasing to the
New York Evening Post information regarding the annexation of the
Republic of TexasThe Republic of Texas was an independent state in North America, bordering the United States and Mexico, that existed from 1836 to 1845.Formed as a break-away republic from Mexico by the Texas Revolution, the state claimed borders that encompassed an area that included all of the present U.S...
. (May 10, 1844)
Benjamin R. Tillman and John L. McLaurin
Benjamin R. Tillman (D-SC) and
John L. McLaurinJohn Lowndes McLaurin was a United States Representative and Senator from South Carolina; born in Red Bluff, South Carolina, he attended schools at Bennettsville, South Carolina and Englewood, New Jersey as well as Bethel Military Academy and Swarthmore College He graduated from the Carolina...
(D-SC) were charged with fighting in the Senate chamber. (February 28, 1902)
Hiram Bingham
Hiram BinghamHiram Bingham, formally Hiram Bingham III, was an American academic, explorer and politician. He rediscovered the Inca settlement of Machu Picchu in 1911...
(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)
Joseph McCarthy
Joseph McCarthyJoseph Raymond McCarthy was an American politician who served as a Republican U.S. Senator from the state of Wisconsin from 1947 until his death in 1957...
(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)
Thomas J. Dodd
Thomas J. DoddThomas Joseph Dodd was a United States Senator and Representative from Connecticut, He was the first Senator censured by the US Senate since Joseph McCarthy in 1954, and was one of only six people censured by the Senate in the 20th century. He is the father of U.S...
(D-CT) was censured for misappropriating campaign funds for personal use. (June 23, 1967)
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)
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)
Representative censures
William Stanbery
William StanberyWilliam Stanbery was a U.S. Representative from Ohio from 1827 to 1833.Born in Essex County, New Jersey, Stanbery received an academic education and studied law in New York City. He was admitted to the bar and moved to Newark, Ohio in 1809 where he started a law practice. He was elected to the...
(Anti-Jacksonian-OH) was censured on July 11, 1832 for insulting the House Speaker.
Joshua Reed Giddings
Joshua Reed GiddingsJoshua Reed Giddings was an American statesman and a prominent opponent of slavery. He represented Ohio in the U.S. House of Representatives from 1838-59. He was at first a member of the Whig Party and was later a Republican.-Life:He was born at Tioga Point, now Athens, Bradford County,...
(R-OH) was censured in 1842 for introducing resolutions against the United States attempting to recover slaves freed by the British while the court case was ongoing. He resigned and was immediately re-elected by a large majority.
Laurence M. Keitt
Laurence M. KeittLaurence Massillon Keitt was a South Carolina politician who served as a United States Congressman. He is included in several lists of Fire-Eaters—men who adamantly urged the secession of southern states from the United States, and who resisted measures of compromise and reconciliation,...
(D-SC) was censured by the House in 1856 for aiding Rep. Preston S. Brooks in his caning attack on Sen.
Charles SumnerCharles Sumner was an American politician and statesman from Massachusetts. An academic lawyer and a powerful orator, Sumner was the leader of the antislavery forces in Massachusetts and a leader of the Radical Republicans in the United States Senate during the American Civil War and...
. When other Congressmen tried to come to Sumner's aid, Keitt pulled a pistol and said "Let them be." Keitt resigned and was immediately re-elected by a large majority.
Benjamin Gwinn Harris and Alexander Long
Benjamin Gwinn HarrisBenjamin Gwinn Harris was a U.S. Representative from Maryland.Born near Leonardtown, St. Mary's County, Maryland, Harris attended Yale College and Cambridge Law School...
(D-MD) and
Alexander LongAlexander Long was a Democratic United States Congressman who was born in Greenville, Pennsylvania on December 24, 1816. Before entering politics he studied and practiced law in Cincinnati, Ohio. In 1848-49 he was a member of the Ohio State House of Representatives and was in the U.S...
(D-OH) were censured on April 9, 1864 for
treasonIn law, treason is the crime that covers some of the more serious acts of disloyalty to one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife...
able utterances (statements in favor of the independence of the
ConfederacyConfederacy may refer to:A Confederation, an association of sovereign states or communities. Examples include:* Confederate States of America, thirteen southern states of the United States of America between 1861 and 1865...
.)
Lovell Rousseau
Lovell RousseauLovell Harrison Rousseau was a general in the United States and Union Armies during the American Civil War and a lawyer and politician in both Kentucky and Indiana.-Early life and career:...
(R-KY) was censured in 1866 for beating a fellow congressman,
Josiah B. GrinnellJosiah Bushnell Grinnell was a U.S. Congressman from Iowa's 4th congressional district, an ordained Congregational minister, founder of Grinnell, Iowa and benefactor of Grinnell College....
(R-IA), with a cane in front of the U.S. Capitol, leading to his resignation.
John Winthrop Chanler
John Winthrop Chanler (D-NY) censured on May 14, 1866 for an insult to the House of Representatives.
John W. Hunter
John W. HunterJohn Ward Hunter was a United States Representative from New York. Born in Bedford, New York , he received a liberal schooling and was a clerk in a wholesale grocery store in New York City in 1824...
(D-NY) was censured on January 26, 1867 for the use of unparliamentary language.
Fernando Wood
Fernando WoodFernando Wood was an American politician of the Democratic Party who is most famous for being one of the most colorful mayors in the history of New York City; he also served as a United States Representative and as Chairman of the Committee on Ways and Means in both the 45th and 46th Congress .A...
(D-NY) was censured on January 15, 1868 for the use of unparliamentary language. Resigned and was immediately re-elected.
Edward D. Holbrook
Edward D. HolbrookEdward Dexter Holbrook was a congressional delegate from Idaho Territory.Born in Elyria, Ohio, Holbrook attended public schools in Ohio and graduated from Oberlin College, having studied law...
(D-ID Ter.) censured on February 4, 1869 for using
unparliamentary languageIn a Westminster system, unparliamentary language is words or phrases that are deemed to be inappropriate for use in the House whilst it is in session. This includes, but is not limited to the suggestion of dishonesty or profanity. The most prohibited case is any suggestion that another member is...
on the House floor.
Benjamin F. Whittemore
Benjamin F. WhittemoreBenjamin Franklin Whittemore was a U.S. Representative from South Carolina.-Biography:Born in Malden, Massachusetts, Whittemore attended the public schools of Worcester, and received an academic education at Amherst....
(R-SC) censured by the House of Representatives on February 24, 1870 for corruption in regard to appointments to the United States Military and Naval Academies.
John T. Deweese
John T. DeweeseJohn Thomas Deweese was a Congressional Representative from North Carolina.-Biography:Born in Van Buren, Arkansas, June 4, 1835; educated at home; studied law; was admitted to the bar in 1856 and commenced practice in Henderson, Kentucky; resident of Denver, Colorado, for some years; moved to Pike...
(R-NC) also censured by the House of Representatives on March 1, 1870, for selling an appointment to the Naval Academy
Roderick R. Butler
Roderick R. ButlerRoderick Randum Butler was an American politician who served as a member of the United States House of Representatives for the 1st congressional district of Tennessee.-Biography:...
(R-TN) also censured March 17, 1870, for corruption in regard to an appointment to West Point.
James Brooks
James Brooks (politician) (D-NY) was censured by the House of Representatives on February 27, 1873, for attempted bribery in connection with the
Crédit Mobilier of America scandalThe Crédit Mobilier of America scandal of 1872 involved the Union Pacific Railroad and the Crédit Mobilier of America construction company.-Background:...
.
Oakes Ames
Oakes AmesOakes Ames was an American manufacturer, capitalist, and member of the United States House of Representatives from Massachusetts. As a congressman, he is credited by many historians as being the single most important influence in the building of the Union Pacific portion of the transcontinental...
(R-MA) was also censured in the
Crédit Mobilier of America scandalThe Crédit Mobilier of America scandal of 1872 involved the Union Pacific Railroad and the Crédit Mobilier of America construction company.-Background:...
, on February 28, 1873 for "seeking to secure congressional attention to the affairs of a corporation in which he was interested, and whose interest directly depended upon the legislation of Congress, by inducing members of Congress to invest in the stocks of said corporation."
William D. Bynum
William D. BynumWilliam Dallas Bynum was a U.S. Representative from Indiana.Born near Newberry, Indiana, Bynum attended the country schools, and was graduated from Indiana University in 1869.He studied law....
(R-IN) was censured on May 17, 1890, for the use of unparliamentary language.
Thomas L. Blanton
Thomas L. BlantonThomas Lindsay Blanton was a U.S. Representative from Texas.Born in Houston, Texas, Blanton was educated in the public schools. He graduated from the law department of the University of Texas at Austin in 1897, with three years in the academic department. He was admitted to the bar in 1897 and...
(D-TX) was unanimously censured on October 24, 1921, for "abuse of leave to print." after inserting "obscene" and "indecent" materials into the Congressional Record.
Charles Diggs
Charles DiggsCharles Coles Diggs, Jr. was an African-American politician from the U.S. state of Michigan. Diggs was an early member of the civil rights movement, having been present at the murder trial of Emmett Till and elected the first chairman of the Congressional Black Caucus.Diggs resigned from the...
(D-MI) censured by the House on July 31, 1979 after being convicted of mail fraud. He served 14 months of a 3-year sentence.
Daniel J. Flood
Daniel J. FloodDaniel John "Dan" Flood was a flamboyant and long-serving Democratic United States Representative from Pennsylvania. He was censured for bribery and resigned from the House in 1980.-Early life and career:...
(D-PA) was censured for bribery in 1980, leading to his resignation.
Charles H. Wilson
Charles H. WilsonCharles Herbert Wilson was a California Democratic politician from the Los Angeles area. He served as a member of the U.S. House of Representatives from 1963 to 1981.- Early life :...
(D-CA) was censured on June 10, 1980 for "financial misconduct" as a result of the "
KoreagateKoreagate was an American political scandal in 1976 involving South Korean political figures seeking influence from 10 Democratic members of Congress. An immediate goal of the scandal seems to have been reversing President Richard Nixon's decision to withdraw troops from South Korea...
" 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 NixonRichard Milhous Nixon was the 37th President of the United States and is the only president to resign the office. He was also the 36th Vice President of the United States ....
's decision to withdraw troops from
South KoreaSouth Korea, officially the Republic of Korea and often simply referred to as Korea, is a country in East Asia, located on the southern half of the Korean Peninsula. It is neighbored by China to the west, Japan to the east, and North Korea to the north. Its capital is Seoul, the second largest...
. It involved the KCIA (now National Intelligence Service (South Korea)) funneling
bribesBribery, a form of pecuniary corruption, is an act implying money or gift given that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an...
and favors through Korean businessman Tongsun Park in an attempt to gain favor and influence. Some 115 members of the
United States CongressThe United States Congress is the bicameral legislature of the federal government of the United States of America, consisting of two houses, the Senate and the House of Representatives. Both senators and representatives are chosen through direct election....
were implicated.
Edward R. RoybalEdward Ross "Ed" Roybal was an American politician. He served for thirty years as a Democratic representative of the 30th and later the 25th districts of California, and was a member of the Los Angeles City Council for thirteen years.-Early life:Roybal was born into a Hispanic family that traced...
(D-CA), Ronald Dellums (D-CA) and
Phillip BurtonPhillip Burton was a United States Representative from California. A Democrat, he was instrumental in creating the Golden Gate National Recreation Area. Burton was one of the first members of Congress to acknowledge the need for AIDS research and introduce an AIDS bill. He was the brother of...
(D-CA) were reprimanded.
Gerry Studds
Gerry StuddsGerry Eastman Studds was an American Democratic Congressman from Massachusetts who served from 1973 until 1997. He was the first openly gay national politician in the U.S...
(D-MA) was censured in 1983 for inappropriate sexual behavior with a congressional
pageUnited States House of Representatives Page Program is a program run by the United States House of Representatives, under the office of the Clerk of the House, in which appointed high school juniors act as non-partisan federal employees in the House of Representatives, providing supplemental...
.
Dan Crane
Dan CraneDaniel Bever Crane is an American politician. He served as a Republican member of the U.S. House of Representatives and served from 1979 to 1985....
(R-IL) was censured in 1983 for inappropriate sexual behavior with a congressional
pageUnited States House of Representatives Page Program is a program run by the United States House of Representatives, under the office of the Clerk of the House, in which appointed high school juniors act as non-partisan federal employees in the House of Representatives, providing supplemental...
.
George V. Hansen
George V. HansenGeorge Vernon Hansen is a Republican politician from the state of Idaho. He served in the House of Representatives from 1965 to 1969 and again from 1975 to 1985....
(R-ID) was censured by the House for failing to include transactions on federal disclosure forms. He was convicted and served 15 months but the conviction was overturned in 1995.
Barney Frank
Barney FrankBarney Frank is the United States House Representative for since 1981. He is a member of the Democratic Party. In 1982, he won his first full term, and he has been re-elected ever since by wide margins...
(D-MA) was reprimanded on 26 July, 1990 for fixing parking tickets for his roommate and some-time lover.
Austin J. Murphy
Austin J. MurphyAustin John Murphy was a Democratic member of the U.S. House of Representatives from Pennsylvania from 1977 to 1995.Born in North Charleroi, Pennsylvania, Murphy grew up in New London, Connecticut. He later returned to Charleroi and served in the United States Marine Corps from 1944 to 1946. He...
(D-PA) was reprimanded on December 18, 1987 for ghost voting and misusing House funds.
Augustus H. Garland
Augustus Hill GarlandAugustus Hill Garland was an Arkansas lawyer and politician. He was a senator in both the United States and the Confederate States, served as Governor of Arkansas and as Attorney General of the United States in first administration of Grover Cleveland.-Early life and law career:Garland was born in...
,
Attorney GeneralThe United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The Attorney General is considered to be the chief lawyer of the U.S. government...
in
Grover ClevelandStephen Grover Cleveland was both the 22nd and 24th President of the United States. Cleveland is the only President to serve two non-consecutive terms and therefore is the only individual to be counted twice in the numbering of the presidents...
's administration, was censured in 1886 for failing to provide documents about the firing of a federal prosecutor.
Further reading