Article I, Section 5 grants each chamber of Congress power to "expel a member" with the concurrence of two-thirds of voting members. Expulsion is the most severe punishment Congress can impose on its own members and is extraordinarily rare. In the entire history of Congress, only 21 members have been expelled: 15 senators and six representatives.
Seventeen of the 21 expulsions occurred in 1861-1862 when members who supported the Confederacy were removed. The only House expulsion before 2023 was James Traficant of Ohio in 2002 after his felony conviction. The requirement for two-thirds supermajority makes expulsion a last resort, requiring overwhelming bipartisan consensus that a member is unfit to serve.
The high threshold reflects the Framers'' belief that voters, not Congress, should choose representatives. Expulsion should be reserved for egregious misconduct or unfitness, not partisan disagreements. But the threshold also means Congress rarely punishes even serious ethical violations. Members can commit misconduct and escape expulsion if they maintain support from their party''s members or if the other party isn''t unified enough to reach two-thirds.
Expulsion power allows Congress to remove members unfit to serve. Without it, Congress would be trapped with corrupt or disruptive members until voters removed them. The two-thirds requirement ensures expulsion remains rare and requires broad support.
People often think Congress frequently expels members. In reality, expulsion is extraordinarily rare—only six House members in modern history. Most serious misconduct goes unpunished or results in lesser penalties like censure.
Expulsion power allows Congress to remove members unfit to serve. Without it, Congress would be trapped with corrupt or disruptive members until voters removed them. The two-thirds requirement ensures expulsion remains rare and requires broad support.
People often think Congress frequently expels members. In reality, expulsion is extraordinarily rare—only six House members in modern history. Most serious misconduct goes unpunished or results in lesser penalties like censure.