Expulsion from the United States Congress
Encyclopedia
Expulsion is the most serious form of disciplinary action
that can be taken against a Member of Congress. Article I, Section 5 of the United States Constitution
provides that "Each House [of Congress] may determine the Rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member." The processes for expulsion differ somewhat between the House of Representatives
and the Senate
.
Censure
, a less severe form of disciplinary action, is an official sanction of a member that does not remove a member from office.
to expel or censure a Member is referred to the appropriate committee
. In the House, this is the Committee on Standards of Official Conduct
(House Ethics Committee); in the Senate, this is the Select Committee on Ethics
(Senate Ethics Committee).
The committee may then ask other Representatives or Senators to come forward with complaints about the Member under consideration or may initiate an investigation into the Member's actions. Sometimes Members may refer a resolution calling for an investigation into a particular Member or matter that may lead to the recommendation of expulsion or censure.
Rule XI (Procedures of committees and unfinished business) of the Rules of the House of Representatives state that the Committee on Standards of Official Conduct can investigate allegations that a Member violated "any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member... in the performance of his duties or the discharge of his responsibilities". The Senate Select Committee on Ethics has the same jurisdiction
. The committee may then report back to their whole chamber as to its findings and recommendations for further actions.
When an investigation is launched by either committee, an investigatory subcommittee will be formed. Once the investigatory subcommittee has collected evidence, talked to witness
es, and held an adjudicatory
hearing
it will vote on whether the Member is found to have committed the specific actions and then will vote on recommendations. If expulsion is the recommendation then the subcommittee's report will be referred to the full House of Representatives or Senate where Members may vote to accept, reject, or alter the report's recommendation. Voting to expel requires the concurrence of two-thirds of the members present and voting.
, 19 of the 20 expulsions involved a member of the Democratic Party
, with the only exception pre-dating the founding of the modern political parties. Censure has been a much more common form of disciplinary action in Congress over the years, as it requires a much lower threshold of votes to impose.
The great majority of those expelled — 17 members — were removed from office for their support of the Confederacy in the immediate aftermath of secession. In 1861, after the Civil War had broken out, 11 Senators (including former Vice President
and Kentucky
Senator John C. Breckinridge
) and three Representatives were expelled for supporting the Confederacy
. In 1862, three more Senators were expelled for supporting the Confederate rebellion (John Bullock Clark
and John William Reid
of Missouri
as well as Henry Cornelius Burnett
of Kentucky
).
There have only been three other expulsions. In 1797, Senator William Blount
of Tennessee
was expelled for treason
, with charges centering on a plan to incite the Creek and Cherokee
to aid the British in conquering the Spanish
territory of West Florida
. Blount remains the only Senator to be expelled for a reason other than supporting the Confederacy.
In 1980 Representative Michael Myers
of Pennsylvania
was expelled for bribes in connection with the Abscam
scandal. In 2002, Representative Jim Traficant of Ohio
was expelled after he was convicted on numerous counts of bribery
, racketeering, and tax evasion
.
There have been numerous other attempts at expelling members of Congress. In many of those instances members under serious threat of expulsion resigned, including
There were other instances in which expulsion has been sought, but was rejected, or the member's term expired:
Discipline
In its original sense, discipline is referred to systematic instruction given to disciples to train them as students in a craft or trade, or to follow a particular code of conduct or "order". Often, the phrase "to discipline" carries a negative connotation. This is because enforcement of order –...
that can be taken against a Member of Congress. Article I, Section 5 of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
provides that "Each House [of Congress] may determine the Rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member." The processes for expulsion differ somewhat between the House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
and the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
.
Censure
Censure in the United States
In the United States, a motion of censure is a congressional procedure for reprimanding the President of the United States, a member of Congress, or a judge. Unlike impeachment, in the United States censure has no explicit basis in the federal constitution. It derives from the formal condemnation...
, a less severe form of disciplinary action, is an official sanction of a member that does not remove a member from office.
Process leading to expulsion
Presently, the disciplinary process begins when a resolutionResolution (law)
A 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...
to expel or censure a Member is referred to the appropriate committee
United States Congressional committee
A congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty . Committee membership enables members to develop specialized knowledge of the matters under their jurisdiction...
. In the House, this is the Committee on Standards of Official Conduct
United States House Committee on Standards of Official Conduct
The Committee on Ethics, often known simply as the Ethics Committee, is one of the committees of the United States House of Representatives. Prior to the 112th Congress it was known as the Committee on Standards of Official Conduct....
(House Ethics Committee); in the Senate, this is the Select Committee on Ethics
United States Senate Select Committee on Ethics
The U.S. Senate Select Committee on Ethics is a select committee of the United States Senate charged with dealing with matters related to senatorial ethics. It is also commonly referred to as the Senate Ethics Committee...
(Senate Ethics Committee).
The committee may then ask other Representatives or Senators to come forward with complaints about the Member under consideration or may initiate an investigation into the Member's actions. Sometimes Members may refer a resolution calling for an investigation into a particular Member or matter that may lead to the recommendation of expulsion or censure.
Rule XI (Procedures of committees and unfinished business) of the Rules of the House of Representatives state that the Committee on Standards of Official Conduct can investigate allegations that a Member violated "any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member... in the performance of his duties or the discharge of his responsibilities". The Senate Select Committee on Ethics has the same jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
. The committee may then report back to their whole chamber as to its findings and recommendations for further actions.
When an investigation is launched by either committee, an investigatory subcommittee will be formed. Once the investigatory subcommittee has collected evidence, talked to witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es, and held an adjudicatory
Adjudication
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved....
hearing
Hearing (law)
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency.A hearing is generally distinguished from a trial in that it is usually shorter and often less formal...
it will vote on whether the Member is found to have committed the specific actions and then will vote on recommendations. If expulsion is the recommendation then the subcommittee's report will be referred to the full House of Representatives or Senate where Members may vote to accept, reject, or alter the report's recommendation. Voting to expel requires the concurrence of two-thirds of the members present and voting.
History of expulsions from Congress
In the entire history of the United States Congress, only 20 Members have been expelled: 15 from the Senate and five from the House of Representatives (of those one member's expulsion, William K. Sebastian of Arkansas, was posthumously reversed). Because the bulk of the expulsions were expulsions of Southern sympathizers during the American Civil WarAmerican Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, 19 of the 20 expulsions involved a member of the Democratic Party
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
, with the only exception pre-dating the founding of the modern political parties. Censure has been a much more common form of disciplinary action in Congress over the years, as it requires a much lower threshold of votes to impose.
The great majority of those expelled — 17 members — were removed from office for their support of the Confederacy in the immediate aftermath of secession. In 1861, after the Civil War had broken out, 11 Senators (including former Vice President
Vice President of the United States
The Vice President of the United States is the holder of a public office created by the United States Constitution. The Vice President, together with the President of the United States, is indirectly elected by the people, through the Electoral College, to a four-year term...
and Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
Senator John C. Breckinridge
John C. Breckinridge
John Cabell Breckinridge was an American lawyer and politician. He served as a U.S. Representative and U.S. Senator from Kentucky and was the 14th Vice President of the United States , to date the youngest vice president in U.S...
) and three Representatives were expelled for supporting the Confederacy
Confederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
. In 1862, three more Senators were expelled for supporting the Confederate rebellion (John Bullock Clark
John Bullock Clark
John Bullock Clark, Sr. was a member of both the United States Congress and the Confederate Congress.-Biography:...
and John William Reid
John William Reid
John William Reid was a U.S. Representative from Missouri.-Biography:Born near Lynchburg, Virginia, Reid attended the common schools.In 1840, Reid moved to Missouri, where he taught school and studied law....
of Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
as well as Henry Cornelius Burnett
Henry Cornelius Burnett
Henry Cornelius Burnett was a U.S. Representative from the state of Kentucky and a Confederate States Senator. A lawyer by profession, Burnett had held only one public office—circuit court clerk—before being elected to Congress. He represented Kentucky's 1st congressional district during the...
of Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
).
There have only been three other expulsions. In 1797, Senator William Blount
William Blount
William Blount, was a United States statesman. He was a delegate to the Constitutional Convention for North Carolina, the first and only governor of the Southwest Territory, and Democratic-Republican Senator from Tennessee . He played a major role in establishing the state of Tennessee. He was the...
of Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
was expelled for treason
Treason
In law, treason is the crime that covers some of the more extreme acts against 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. Treason against the king was known as high treason and treason against a...
, with charges centering on a plan to incite the Creek and Cherokee
Cherokee
The Cherokee are a Native American people historically settled in the Southeastern United States . Linguistically, they are part of the Iroquoian language family...
to aid the British in conquering the Spanish
Spanish Empire
The Spanish Empire comprised territories and colonies administered directly by Spain in Europe, in America, Africa, Asia and Oceania. It originated during the Age of Exploration and was therefore one of the first global empires. At the time of Habsburgs, Spain reached the peak of its world power....
territory of West Florida
West Florida
West Florida was a region on the north shore of the Gulf of Mexico, which underwent several boundary and sovereignty changes during its history. West Florida was first established in 1763 by the British government; as its name suggests it largely consisted of the western portion of the region...
. Blount remains the only Senator to be expelled for a reason other than supporting the Confederacy.
In 1980 Representative Michael Myers
Michael Myers (politician)
Michael Joseph "Ozzie" Myers is a politician from the American state of Pennsylvania.He was a member of the Pennsylvania House of Representatives. Myers, a Democrat, was elected to the U.S. House of Representatives in 1976. Myers had previously been a longshoreman. He was regarded as a "maverick"...
of Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
was expelled for bribes in connection with the Abscam
Abscam
Abscam was a United States Federal Bureau of Investigation sting operation run from the FBI's Hauppauge, Long Island, office in the late 1970s and early 1980s...
scandal. In 2002, Representative Jim Traficant of Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
was expelled after he was convicted on numerous counts of bribery
Bribery
Bribery, a form of corruption, is an act implying money or gift giving 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 official or...
, racketeering, and tax evasion
Tax evasion
Tax evasion is the general term for efforts by individuals, corporations, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability,...
.
There have been numerous other attempts at expelling members of Congress. In many of those instances members under serious threat of expulsion resigned, including
- 1862: Senator James F. SimmonsJames F. SimmonsJames Fowler Simmons was a United States Senator from Rhode Island. Born on a farm near Little Compton, he attended a private school in Newport and moved to Providence in 1812. He was employed in various manufacturing concerns in Rhode Island and Massachusetts and engaged in the manufacture of...
of Rhode IslandRhode IslandThe state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
. On July 14, 1862, the Judiciary CommitteeUnited States Senate Committee on the JudiciaryThe United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the...
reported that the charges of corruptionPolitical corruptionPolitical corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
against Simmons were "essentially correct"; The Senate adjourned three days later, and Simmons resigned on August 15 before the Senate could take action. - 1906: Senator Joseph R. BurtonJoseph R. BurtonJoseph Ralph Burton was a lawyer and United States Senator from the state of Kansas.- Early life :Burton was born and reared on his father's farm near Mitchell, Indiana. His father, Allen C. Burton, was descended from English ancestors, who came to America to escape the reign of Cromwell in the...
of KansasKansasKansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
. Resigned after the Supreme Court upheld his conviction on charges of receiving compensation for intervening with a federal agency. - 1922: Senator Truman H. Newberry of MichiganMichiganMichigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
. On March 20, 1920, Newberry was convicted on charges of violating campaign finance laws by spending $3,750 to secure his Senate election. The Supreme Court overturned this decision on May 2, 1921 on the grounds that the Senate exceeded its powers in attempting to regulate primary electionPrimary electionA primary election is an election in which party members or voters select candidates for a subsequent election. Primary elections are one means by which a political party nominates candidates for the next general election....
s. On January 12, 1922, the Senate voted 46-41 that Newberry was duly elected in 1918. However, after certain members resumed their efforts to unseat him, Newberry resigned on November 18, 1922, two days before the start of the third session of the 67th Congress67th United States CongressThe Sixty-seventh United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1921 to March 4, 1923, during the first two years...
. - 1981: Representative Raymond F. LedererRaymond F. LedererRaymond Lederer was a Democratic member of the United States House of Representatives, representing Pennsylvania's Third Congressional District from 1977 to 1981....
of PennsylvaniaPennsylvaniaThe Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
was the only member of the ABSCAMAbscamAbscam was a United States Federal Bureau of Investigation sting operation run from the FBI's Hauppauge, Long Island, office in the late 1970s and early 1980s...
scandal to win re-election. However he resigned due to "personal legal problems" a week after the House Ethics Committee recommended his expulsion for accepting a $50,000 bribe. - 1982: Senator Harrison A. WilliamsHarrison A. WilliamsHarrison Arlington "Pete" Williams, Jr. was a Democrat who represented New Jersey in both the United States House of Representatives and the United States Senate . Williams was convicted on May 1, 1981 for taking bribes in the Abscam sting operation, and resigned from the U.S. Senate in 1982...
of New JerseyNew JerseyNew Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
resigned after the Committee on Ethics recommended his expulsion due to his "ethically repugnant" actions in the AbscamAbscamAbscam was a United States Federal Bureau of Investigation sting operation run from the FBI's Hauppauge, Long Island, office in the late 1970s and early 1980s...
scandal. - 1995: Senator Bob PackwoodBob PackwoodRobert William "Bob" Packwood is a U.S. politician from Oregon and a member of the Republican Party. He resigned from the United States Senate, under threat of expulsion, in 1995 after allegations of sexual harassment, abuse and assault of women emerged.-Early life and career:Packwood was born in...
of OregonOregonOregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
resigned after the Committee of Ethics recommended his expulsion due to his gross sexual misconduct and his attempts to enrich himself through his official position. - 2006: Representative Bob NeyBob NeyRobert William Ney is an American politician from the U.S. state of Ohio. A Republican, Ney represented Ohio's 18th congressional district in the U.S. House of Representatives from 1995 until November 3, 2006, when he resigned...
of Ohio resigned his seat in Congress after being convicted in connection with the Jack Abramoff scandalsJack Abramoff scandalsThe federal investigations into Jack Abramoff and his political and business dealings are among the broadest and most extensive in American political history, involving well over a dozen offices of the FBI and over 100 FBI agents tasked exclusively to the investigation...
.
There were other instances in which expulsion has been sought, but was rejected, or the member's term expired:
- 1808: Senator John SmithJohn Smith (Ohio Senator)John Smith was one of the first two U.S. Senators from the state of Ohio. He reluctantly resigned from the Senate under charges of alleged complicity in the Burr conspiracy....
of OhioOhioOhio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
was implicated in the Aaron BurrAaron BurrAaron Burr, Jr. was an important political figure in the early history of the United States of America. After serving as a Continental Army officer in the Revolutionary War, Burr became a successful lawyer and politician...
-led conspiracy to invade MexicoBurr conspiracyThe Burr conspiracy in the beginning of the 19th century was a suspected treasonous cabal of planters, politicians, and army officers led by former U.S. Vice President Aaron Burr. According to the accusations against him, Burr’s goal was to create an independent nation in the center of North...
and create a new country in the west. Senator John Quincy AdamsJohn Quincy AdamsJohn Quincy Adams was the sixth President of the United States . He served as an American diplomat, Senator, and Congressional representative. He was a member of the Federalist, Democratic-Republican, National Republican, and later Anti-Masonic and Whig parties. Adams was the son of former...
of MassachusettsMassachusettsThe Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
led the attempt to expel Smith from the Senate while Francis Scott KeyFrancis Scott KeyFrancis Scott Key was an American lawyer, author, and amateur poet, from Georgetown, who wrote the lyrics to the United States' national anthem, "The Star-Spangled Banner".-Life:...
defended Smith before the Senate. Expulsion failed 19 to 10, less than the two-thirds majority needed. At request of the Ohio Legislature, Smith resigned two weeks after the vote. - 1856: Congressman Preston BrooksPreston BrooksPreston Smith Brooks was a Democratic Congressman from South Carolina. Brooks is primarily remembered for his severe beating of Senator Charles Sumner on the floor of the United States Senate with a gutta-percha cane, delivered in response to an anti-slavery speech in which Sumner compared Brooks'...
of South CarolinaSouth CarolinaSouth Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
beat Senator Charles SumnerCharles SumnerCharles Sumner was an American politician and senator 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 Reconstruction,...
with a cane. He avoided expulsion but resigned, but was then re-elected by the people of South Carolina, who considered him a hero. - 1862: The expulsion of Senator Lazarus W. PowellLazarus W. PowellLazarus Whitehead Powell was the 19th Governor of Kentucky, serving from 1851 to 1855. He was later elected to represent Kentucky in the U.S. Senate from 1859 to 1865....
of Kentucky was sought for support for Confederate rebellion. Unlike the three Senators expelled for that reason the same year and the 11 Senators the previous year, Powell was not expelled. - 1873: Senator James W. PattersonJames W. PattersonJames Willis Patterson was a United States Representative and Senator from New Hampshire.-Biography:Born in Henniker, he pursued classical studies, graduated from Dartmouth College in 1848, and was principal of the Woodstock Academy in Connecticut for two years...
of New HampshireNew HampshireNew Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
was accused of corruption, and a Senate select committee recommended expulsion on February 27. On March 1, a Republican caucus decided that there was insufficient time remaining in the session to deliberate the matter. Patterson's term expired March 3, and no further action was taken. - 1893: Senator William N. RoachWilliam N. RoachWilliam Nathaniel Roach was a United States Senator from North Dakota.-Biography:Born in Washington, D.C., he attended the public schools, Gonzaga College High School and Georgetown University. He was a clerk in the quartermaster's department during the Civil War...
of North DakotaNorth DakotaNorth Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S....
was accused of embezzlementEmbezzlementEmbezzlement is the act of dishonestly appropriating or secreting assets by one or more individuals to whom such assets have been entrusted....
that had allegedly occurred 13 years earlier. After extensive deliberation, the Senate took no action, assuming that it lacked jurisdiction over members' behavior before their election to the Senate. - 1905: Senator John H. MitchellJohn H. MitchellJohn Hipple Mitchell, also known as John Mitchell Hipple, John H. Mitchell, or J. H. Mitchell was a controversial American lawyer and politician, who served as a Republican United States Senator from Oregon on three occasions between 1872 and 1905...
of OregonOregonOregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
was indicted on corruption charges on January 1, 1905, and was convicted on July 5 of that year, during a Senate recess. He died on December 8, while his case was still on appeal and before the Senate, which had convened on December 4, could take any action against him. - 1907: Senator Reed Smoot of UtahUtahUtah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
, a leader in the LDS Church, was the subject of a two-year investigation by the Committee on Privileges and ElectionsUnited States Senate Committee on Privileges and ElectionsThe Senate Committee on Privileges and Elections was a committee of the United States Senate. It was established March 10, 1871 and terminated January 2, 1947, when its functions were transferred to the Committee on Rules and Administration.-Chairmen:...
, which found that Smoot was not due his seat in the Senate because he was "a leader in a religion that advocated polygamyPolygamyPolygamy is a marriage which includes more than two partners...
and a union of church and stateSeparation of church and state in the United StatesThe phrase "separation of church and state" , attributed to Thomas Jefferson and others, and since quoted by the Supreme Court of the United States, expresses an understanding of the intent and function of the Establishment Clause of the First Amendment to the Constitution of the United States...
, contrary to the U.S. Constitution." Smoot's expulsion failed by a vote of 27-43 after the Senate decided that he fit the constitutional requirements to be a Senator. - 1919: Senator Robert M. La Follette, Sr.Robert M. La Follette, Sr.Robert Marion "Fighting Bob" La Follette, Sr. , was an American Republican politician. He served as a member of the U.S. House of Representatives, was the Governor of Wisconsin, and was also a U.S. Senator from Wisconsin...
of WisconsinWisconsinWisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
was accused of disloyalty after a 1917 speech he gave in opposition to U.S. entry into World War IWorld War IWorld War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
. The Committee on Privileges and Elections recommended that La Follette not be expelled and the Senate concurred in a 50-21 vote. - 1924: Senator Burton K. WheelerBurton K. WheelerBurton Kendall Wheeler was an American politician of the Democratic Party and a United States Senator from 1923 until 1947.-Early life:...
of MontanaMontanaMontana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
was indicted for conflict of interestConflict of interestA conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
, specifically serving while a senator in causes in which the U.S. was a party. A Senate committee, however, found that his dealings related to litigation before state courts and that he received no compensation for any service before federal departmentsUnited States Federal Executive DepartmentsThe United States federal executive departments are among the oldest primary units of the executive branch of the federal government of the United States—the Departments of State, War, and the Treasury all being established within a few weeks of each other in 1789.Federal executive...
. The Senate exonerated him by a vote of 56-5. - 1934: The Committee on Privileges and Elections, jointly considering the case of Senators John H. OvertonJohn H. OvertonJohn Holmes Overton was an attorney and Democratic United States representative and U.S. senator from Louisiana...
and Huey P. Long of LouisianaLouisianaLouisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
, determined that the evidence to support charges of election fraud were insufficient to warrant further consideration.