Monday, May 14, 2012

Rules and Expulsion Clause - Article I, Section 5, Clause 2


Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Comment:  The Constitution permits the House and the Senate to determine their own rules of proceedings. To that end, it helped secure the independence of the Congress from the executive and judicial branch. Under this provision, representatives and senators may be expelled for inappropriate behavior with two-thirds vote. Originally, there was not a two-thirds requirement; however, Madison was concerned that the majority party would abuse its power and expel minority members if only a majority vote was required.

While impeachment is a process of accusing an official of wrongdoing before a tribunal - i.e., a president could be impeached for committing a crime. Expulsion, however, means being removed from office and is the only Constitutional tool to remove a sitting Member from office.

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