On Thursday, a House Ethics committee will disclose charges against Rep. Charlie Rangel of New York over a variety of violations believed to be involving failure to pay taxes on a Caribbean villa, misusing his rent- controlled apartments, and improperly using his congressional seat to solicit a $1 million pledge to the Charles B. Rangel Center for Public Service at City College. The subcommittee will also set a date for the trail.
While the popular Harlem Democrat and 40-year veteran of the House of Representatives claims he’s done nothing wrong, if the subcommittee proves the allegations against him, it would likely result in a formal reprimand or censure, making Rangel one of a long list of other members who have been censured by the House.
Here, then, is a brief look back at other members who have been disciplined in the House of Representatives.
Background Notes on Ethics Violations in the House of Representatives.
• An ``expulsion’’ action by the House of Representatives requires a two-thirds vote; while a ``censure’’ or ``reprimand’’ is a legislative procedure in which the full House (by a majority vote) express a formal disapproval of the conduct of one of its members.
• The House of Representatives has expelled five members in its history, three of them coming during the Civil War for disloyalty to the Union.
• ``Expulsion’’ from the House of Representatives beyond removal from Congress carries no further penalties or disabilities.
• The term ``censure’’ although it doesn’t appear in the Constitution (unlike ``expel’’) bases its authority on Article I, Section 5, clause 2, concerning the authority of each House of Congress to “punish its Members for disorderly Behavior.”
• Eight House members have been “reprimanded” by the full House for a variety of misconduct violations.
• There have been 22 “censures” of House members (21 members and 1 Delegate), including two censures of former members who, in 1870, had resigned before the House adopted expulsion motions for selling military academy appointments.
• There have been six ``censures’’ in the House for ``unparliamentarily behavior’’; one for insulting the Speaker of the House; and one for assaulting another member.
• Prior to the 1970’s, the terms “reprimand” and “censure” were often considered synonymous and used together in a resolution. Beginning in 1976, however, the term “reprimand” was used explicitly to indicate a less severe rebuke when it reprimanded a member for failing to disclose certain personal interests in official matters and for the apparent use of his office to further his own personal financial interests.
• Upon making a report recommending to the House a “censure” or a “reprimand,” the House
Committee on Standards of Official Conduct may also include in that report a recommendation for an additional action such as a fine, a restitution or payment of funds, or recommendations for the loss of seniority or privileges, when such actions are deemed appropriate
Members Expelled from Congress
July 13, 1861: Rep. John B. Clark of Missouri was expelled in a 95-45 vote for taking up arms against the United States.
December 2, 1861: John W. Reid of Missouri was expelled (no vote was recorded) for taking up arms against the United States.
December 3, 1861: Henry C. Burnett of Kentucky was expelled for engaging in ``an open rebellion against the government of the United States.’’ No vote was recorded.
October 2, 1980: Michael J. Myers , Democrat of Pennsylvania ( in 376-30 vote) was expelled after being convicted of bribery, conspiracy, and Travel Act violations for receiving a payment in return for using his ``influence’’ on immigration bills in the FBI’s ABSCAM investigation.
July 24, 2002: James A. Traficant, Democrat of Ohio (in a 420-1 vote) was expelled after being convicted (on April 11, 2002) of conspiracy to violate federal bribery and gratuity statutes, receipt of illegal gratuity, obstruction of justice, defrauding the government, racketeering, and tax evasion
Members Reprimanded
July 29, 1976: Robert L. F. Sikes, Democrat of Florida (in a 381-3 vote), was reprimanded for among other allegations, failing to report his ownership of bank stock as required by all members of the House; as well as using his influence to advance legislation that would have removed restrictions on the development of a stretch of land Sikes and his business associates financially benefited from.
October 13, 1978: Rep. Charles H. Wilson, Democrat of California, reprimanded (in a 329-41 vote) for making false statements on an answer to the Standards Committee when he denied he received anything of`` value’’ from Tongsun Park, a South Korean rice dealer accused of attempting to bribe members of Congress in a Korean Influence Investigation. Wilson later amended his answer by admitting he received a $1,000 wedding gift from Mr. Park.
Also reprimanded were John J. McFall, Democrat of California for failing to report campaign contributions from a Korean lobbyist; along with Edward J. Roybal, also a California Democrat, for failing to report campaign contributions and making a false sworn statement before the Standards of Official Conduct Committee investigating the Korean influence matter.
July 31, 1984: George V. Hansen, an Idaho Republican (in a 354-52 vote), was reprimanded after being convicted of four counts of making false statements and neglecting to report nearly $334,000 in loans and profits from 1978 through 1981.
December 18, 1987: Austin J. Murphy, a Pennsylvania Democrat, (in a 324-68 vote) was reprimanded for having an undisclosed person cast a vote for him on July 14th and August 9th of 1978 while he was out of Washington ; and for maintaining an employee on his staff who was not performing duties commensurate with pay.
July 26, 1990: Democrat Barney Frank of Massachusetts was reprimanded (in a 408-18 vote) for using his political influence to fix 33 parking tickets for a friend; and making improper contacts with a probation office on behalf of a personal friend who was on probation for sex and drug convictions.
January 21, 1997: House Speaker Newt Gingrich, Republican of Georgia, was reprimanded in a 395-28 vote and fined $300,000 for allowing a member-affiliated tax exempt organization to be used for political purposes; and providing inaccurate and unreliable information to the ethics committee.
September 15, 2009: Joe Wilson, Republican of South Carolina, is reprimanded in a 240 to 179 vote for yelling out ``You lie!'' during President Obama's speech to a joint session of Congress on September 9th, 2009.
Select cases of censure in the House of Representatives
March 22, 1842: Joshua R. Giddings of Ohio, an abolitionist, resigned his seat after the House of Representatives censured him (125-69 vote) for supporting the freedom of slaves who rebelled on the slave ship Creole.
July 15, 1856: Laurence M. Keitt, a South Carolina Democrat, was censured for not acting to prevent a fellow South Carolinian, Rep. Preston S. Brooks, from striking Sen. Charles Sumner, a Massachusetts Republican with a cane while he was sitting in the Senate chamber.
February 24, 1870: Rep. Benjamin F. Whittemore of South Carolina was censured (``condemned’’) in a 187-0 vote for selling appointments to military academies, a violation which forced his resignation before expulsion.
March 1, 1870: John T. DeWeese of South Carolina was censured in a 170-0 vote for accepting money for recommending appointments to a military academy. DeWeese resigned before expulsion; as was Roderick R. Butler of Tennessee on March 16, 1870 in 150-0 censure vote.
February 27, 1873: Oakes Ames of Massachusetts and James Brooks of New York were censured for selling $33 million in Credit Mobilier stock to Members of Congress and officials of the executive branch at an undervalued price with the intention of influencing votes. The Judiciary Committee voted against expulsion on the grounds their violations took place three years before being elected to the 42nd Congress.
July 31, 1979 Charles C. Diggs, Democrat of Michigan, was censured in a 414-0 vote after being convicted on October 7, 1978 on 11 counts of mail fraud and 18 counts of making false statements. Diggs apologized and agreed to make restitution of $40,031.66
June 10, 1980: After having already been defeated in the June 3rd primary, Charles H. Wilson, Democrat of California, was censured in a voice vote for violating House rules by converting $25,000 in campaign funds for his own use and for accepting $10,500 from an individual who had direct interest in legislation.
July 21, 1983: Daniel B. Crane, Republican of Illinois, and Gerry E. Studds, Democrat of Massachusetts were both censured for having sexual relations with a minor: Mr. Crane for having sexual relations with a 17 year-old female House page in 1980; and Studds for having sexual relations with a male House page in 1973.
-Bill Lucey
[email protected]
Source: Congressional Research Service; U.S. House of Representatives’ Committee on Standards of Official Conduct; The New York Times Historical Archives
Comments