Article I, Section 5 grants each chamber power to punish its members for disorderly behavior and, with two-thirds concurrence, expel a member. Between these extremes sits a range of lesser punishments: censure (formal chamber-wide rebuke), reprimand (private rebuke), committee removal, or fines. This authority lets Congress enforce standards of conduct without relying on outside courts or the president.
Congress uses punishment power sparingly because members are reluctant to punish colleagues. The Senate has issued fewer than 10 censures in its entire history; the House has issued censures roughly 25 times. Expulsion is rarer still—six House members and 15 senators total. When misconduct is alleged, investigation often drags on for years, and the chamber may ultimately decline to punish despite clear wrongdoing.
Punishment power raises tension between protecting institutional integrity and respecting voters'' electoral choices. Members argue Congress shouldn''t remove someone voters elected, especially without criminal conviction. But this logic can excuse serious misconduct if the member maintains party support. The two-thirds requirement for expulsion was designed to prevent partisan purges, but it also makes punishment nearly impossible when one party protects its members.
This power allows Congress to maintain standards and remove truly unfit members without relying on courts or elections. Without it, Congress could do nothing about corrupt or criminal members except expulsion and voters. The power exists but is rarely used.
People often think Congress actively polices itself. In reality, disciplinary action is extremely rare. Members fear setting precedents for their own party and may protect colleagues out of party loyalty, allowing significant misconduct to go unpunished.
This power allows Congress to maintain standards and remove truly unfit members without relying on courts or elections. Without it, Congress could do nothing about corrupt or criminal members except expulsion and voters. The power exists but is rarely used.
People often think Congress actively polices itself. In reality, disciplinary action is extremely rare. Members fear setting precedents for their own party and may protect colleagues out of party loyalty, allowing significant misconduct to go unpunished.