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Congressional Self-Discipline: the Power to Expel, to Exclude and to Punish
Fordham Law Review Volume 41 Issue 1 Article 2 1972 Congressional Self-Discipline: The Power to Expel, to Exclude and to Punish Gerald T. McLaughlin Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Gerald T. McLaughlin, Congressional Self-Discipline: The Power to Expel, to Exclude and to Punish, 41 Fordham L. Rev. 43 (1972). Available at: https://ir.lawnet.fordham.edu/flr/vol41/iss1/2 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Congressional Self-Discipline: The Power to Expel, to Exclude and to Punish Cover Page Footnote Associate Professor of Law, Fordham University. Professor McLaughlin received his B.A. from Fordham University, and his LL.B from New York University, where he was Managing Editor of the Law Review. This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol41/iss1/2 CONGRESSIONAL SELF-DISCIPLINE: THE POWER TO EXPEL, TO EXCLUDE AND TO PUNISH GERALD T. McLAUGHLIN* R ECENT events have again focused attention on Congress' power to discipline its members for personal misconduct. On April 19, 1972, the House Committee on Standards of Official Conduct1 recommended that Texas Representative John Dowdy be stripped of his right to vote on the floor of the House or in committee as a result of his conviction for bribery and perjury.2 On that same day, two Senators argued before the Supreme Court that the Constitution forbids the executive branch from investigating the official conduct of a member of Congress, and delegates all responsibil- ity for punishing members' wrongdoing to each house of Congress.3 Finally, on June 29, 1972, a Supreme Court majority in United States v. -
Expulsion and Censure Actions Taken by the Full Senate Against Members
Order Code 93-875 Expulsion and Censure Actions Taken by the Full Senate Against Members Updated November 12, 2008 Jack Maskell Legislative Attorney American Law Division Expulsion and Censure Actions Taken by the Full Senate Against Members Summary The authority of the United States Senate (as well as of the House) to establish the rules for its own proceedings, to “punish” its Members for misconduct, and to expel a Member by a vote of two-thirds of Members present and voting, is provided in the Constitution at Article I, Section 5, clause 2. This express grant of authority for the Senate to expel a Senator is, on its face, unlimited — save for the requirement of a two-thirds majority. In the context of what the Supreme Court has characterized as, in effect, an “unbridled discretion” of the body, expulsions in the Senate, as well as the House, have historically been reserved for cases of the most serious misconduct: disloyalty to the government or abuses of one’s official position. The Senate has actually expelled only 15 Members — 14 of those during the Civil War period for disloyalty to the Union (one of these expulsions was subsequently revoked by the Senate), and the other Senator during the late 1700s for disloyal conduct. The House of Representatives has expelled only five Members in its history, three during the Civil War period, one in 1980, and another in 2002, after convictions for bribery and corruption offenses related to official congressional duties. In the Senate, as well as in the House, however, other Members for whom expulsion was recommended have resigned from office prior to official, formal action by the institution. -
Film 2466 Guide the Papers in the Library of Congress Manuscript Division the Papers of Henry Clay 1770 – 1852 in 34 Volumes Reel 1
Film 2466 Guide The Papers in the Library of Congress Manuscript Division The Papers of Henry Clay 1770 – 1852 in 34 volumes Reel 1 v.1-5 1770:Nov.30-1825:Oct.12 Reel 2 v.6-10 1825:Oct.13-1827:Oct.21 Reel 3: v.11-15 1827:Oct.22-1829:Nov.11 Reel 4 v.16-19 1829:Nov.13-1832:Aug.24 Reel 5 v.20-23 1832:Aug.26-1844:Oct.4 Reel 6 v.24-26, v.27 1844:Oct.9-1852:Nov.4, Undated papers Reel 7 v.1-4 1825:Mar.10-1826:Nov.8 1 Reel 8 v.5-7 1826:Nov.11-1829:Feb.28 Reel 9 Papers of Henry Clay And Miscellaneous Papers 1808-1853 1. Henry Clay Papers (Unbound) 2. Personal Miscellany 3. Photostat Miscellany 4. Slave Papers 5. United States: Executive (Treaty of Ghent) 6. United States: Executive (North East Boundary) 7. Finance (Unarranged) 8. Finance (United States Bank) 9. United States Miscellany Reel 10 v.3: Selected Documents Nov. 6, 1797- Aug. 11, 1801 v.4: Selected Documents Aug. 18, 1801-Apr. 10, 1807 2 Reel 10 (continued) The Papers of Thomas J. Clay 1737-1927 In 33 volumes v.5: July 14, 1807 – Nov.26, 1817 v.6 Dec.23, 1817-June 3, 1824 There does not appear to be anything to this volume. v.7 June 25, 1824 – Aug. 20, 1830 v.8 Aug. 27, 1830 – July 20, 1837: The Papers of Thomas J. Clay v.9:Aug. 14, 1837-Jan. 21, 1844: The Papers of Thomas J. -
1835. EXECUTIVE. *L POST OFFICE DEPARTMENT
1835. EXECUTIVE. *l POST OFFICE DEPARTMENT. Persons employed in the General Post Office, with the annual compensation of each. Where Compen Names. Offices. Born. sation. Dol. cts. Amos Kendall..., Postmaster General.... Mass. 6000 00 Charles K. Gardner Ass't P. M. Gen. 1st Div. N. Jersey250 0 00 SelahR. Hobbie.. Ass't P. M. Gen. 2d Div. N. York. 2500 00 P. S. Loughborough Chief Clerk Kentucky 1700 00 Robert Johnson. ., Accountant, 3d Division Penn 1400 00 CLERKS. Thomas B. Dyer... Principal Book Keeper Maryland 1400 00 Joseph W. Hand... Solicitor Conn 1400 00 John Suter Principal Pay Clerk. Maryland 1400 00 John McLeod Register's Office Scotland. 1200 00 William G. Eliot.. .Chie f Examiner Mass 1200 00 Michael T. Simpson Sup't Dead Letter OfficePen n 1200 00 David Saunders Chief Register Virginia.. 1200 00 Arthur Nelson Principal Clerk, N. Div.Marylan d 1200 00 Richard Dement Second Book Keeper.. do.. 1200 00 Josiah F.Caldwell.. Register's Office N. Jersey 1200 00 George L. Douglass Principal Clerk, S. Div.Kentucky -1200 00 Nicholas Tastet Bank Accountant Spain. 1200 00 Thomas Arbuckle.. Register's Office Ireland 1100 00 Samuel Fitzhugh.., do Maryland 1000 00 Wm. C,Lipscomb. do : for) Virginia. 1000 00 Thos. B. Addison. f Record Clerk con-> Maryland 1000 00 < routes and v....) Matthias Ross f. tracts, N. Div, N. Jersey1000 00 David Koones Dead Letter Office Maryland 1000 00 Presley Simpson... Examiner's Office Virginia- 1000 00 Grafton D. Hanson. Solicitor's Office.. Maryland 1000 00 Walter D. Addison. Recorder, Div. of Acc'ts do.. -
James Knox Polk Collection, 1815-1949
State of Tennessee Department of State Tennessee State Library and Archives 403 Seventh Avenue North Nashville, Tennessee 37243-0312 POLK, JAMES KNOX (1795-1849) COLLECTION 1815-1949 Processed by: Harriet Chapell Owsley Archival Technical Services Accession Numbers: 12, 146, 527, 664, 966, 1112, 1113, 1140 Date Completed: April 21, 1964 Location: I-B-1, 6, 7 Microfilm Accession Number: 754 MICROFILMED INTRODUCTION This collection of James Knox Polk (1795-1849) papers, member of Tennessee Senate, 1821-1823; member of Tennessee House of Representatives, 1823-1825; member of Congress, 1825-1839; Governor of Tennessee, 1839-1841; President of United States, 1844-1849, were obtained for the Manuscripts Section by Mr. and Mrs. John Trotwood Moore. Two items were given by Mr. Gilbert Govan, Chattanooga, Tennessee, and nine letters were transferred from the Governor’s Papers. The materials in this collection measure .42 cubic feet and consist of approximately 125 items. There are no restrictions on the materials. Single photocopies of unpublished writings in the James Knox Polk Papers may be made for purposes of scholarly research. SCOPE AND CONTENT The James Knox Polk Collection, composed of approximately 125 items and two volumes for the years 1832-1848, consist of correspondence, newspaper clippings, sketches, letter book indexes and a few miscellaneous items. Correspondence includes letters by James K. Polk to Dr. Isaac Thomas, March 14, 1832, to General William Moore, September 24, 1841, and typescripts of ten letters to Major John P. Heiss, 1844; letters by Sarah Polk, 1832 and 1891; Joanna Rucker, 1845- 1847; H. Biles to James K. Polk, 1833; William H. -
Union Calendar No. 502
1 Union Calendar No. 502 107TH CONGRESS "!REPORT 2d Session HOUSE OF REPRESENTATIVES 107–801 REPORT ON THE LEGISLATIVE AND OVERSIGHT ACTIVITIES OF THE COMMITTEE ON WAYS AND MEANS DURING THE 107TH CONGRESS JANUARY 2, 2003.—Committed to the Committee of the Whole House on the State of the Union and ordered to be printed U.S. GOVERNMENT PRINTING OFFICE 19–006 WASHINGTON : 2003 COMMITTEE ON WAYS AND MEANS BILL THOMAS, California, Chairman PHILIP M. CRANE, Illinois CHARLES B. RANGEL, New York E. CLAY SHAW, JR., Florida FORTNEY PETE STARK, California NANCY L. JOHNSON, Connecticut ROBERT T. MATSUI, California AMO HOUGHTON, New York WILLIAM J. COYNE, Pennsylvania WALLY HERGER, California SANDER M. LEVIN, Michigan JIM MCCRERY, Louisiana BENJAMIN L. CARDIN, Maryland DAVE CAMP, Michigan JIM MCDERMOTT, Washington JIM RAMSTAD, Minnesota GERALD D. KLECZKA, Wisconsin JIM NUSSLE, Iowa JOHN LEWIS, Georgia SAM JOHNSON, Texas RICHARD E. NEAL, Massachusetts JENNIFER DUNN, Washington MICHAEL R. MCNULTY, New York MAC COLLINS, Georgia WILLIAM J. JEFFERSON, Louisiana ROB PORTMAN, Ohio JOHN S. TANNER, Tennessee PHIL ENGLISH, Pennsylvania XAVIER BECERRA, California WES WATKINS, Oklahoma KAREN L. THURMAN, Florida J.D. HAYWORTH, Arizona LLOYD DOGGETT, Texas JERRY WELLER, Illinois EARL POMEROY, North Dakota KENNY C. HULSHOF, Missouri SCOTT MCINNIS, Colorado RON LEWIS, Kentucky MARK FOLEY, Florida KEVIN BRADY, Texas PAUL RYAN, Wisconsin (II) LETTER OF TRANSMITTAL HOUSE OF REPRESENTATIVES, COMMITTEE ON WAYS AND MEANS, Washington, DC, January 2, 2003. Hon. JEFF TRANDAHL, Office of the Clerk, House of Representatives, The Capitol, Washington, DC. DEAR MR. TRANDAHL: I am herewith transmitting, pursuant to House Rule XI, clause 1(d), the report of the Committee on Ways and Means on its legislative and oversight activities during the 107th Congress. -
The History of the College of William and Mary from Its Foundation, 1693
1693 - 1870 m 1m mmtm m m m&NBm iKMi Sam On,•'.;:'.. m '' IIP -.•. m : . UBS . mm W3m BBSshsR iillltwlll ass I HHH1 m '. • ml §88 BmHRSSranH M£$ Sara ,mm. mam %£kff EARL GREGG SWEM LIBRARY THE COLLEGE OF WILLIAM AND MARY IN VIRGINIA Presented By Dorothy Dickinson PIPPEN'S a BOOI^ a g OllD STORE, 5j S) 60S N. Eutaw St. a. BALT WORE. BOOES EOUOE' j ESCHANQED. 31 Digitized by the Internet Archive in 2011 with funding from LYRASIS Members and Sloan Foundation http://www.archive.org/details/historyofcollege1870coll 0\JI.LCkj£ THE HISTORY College of William and Mary From its Foundation, 1693, to 1870. BALTIMOKE: Printed by John Murphy & Co. Publishers, Booksellers, Printers and Stationers, 182 Baltimore Street. 1870. Oath of Visitor, I. A. B., do golemnly promise and swear, that I will truly and faith- fully execute the duties of my office, as a vistor of William and Mary College, according to the best of my skill and judgment, without favour, affection or partiality. So help me God. Oath of President or Professor. I, do swear, that I will well and truly execute the duties of my office of according to the best of my ability. So help me God. THE CHARTER OF THE College of William and Mary, In Virginia. WILLIAM AND MARY, by the grace of God, of England, Scot- land, France and Ireland, King and Queen, defenders of the faith, &c. To all to whom these our present letters shall come, greeting. Forasmuch as our well-beloved and faithful subjects, constituting the General Assembly of our Colony of Virginia, have had it in their minds, and have proposed -
K:\Fm Andrew\21 to 30\27.Xml
TWENTY-SEVENTH CONGRESS MARCH 4, 1841, TO MARCH 3, 1843 FIRST SESSION—May 31, 1841, to September 13, 1841 SECOND SESSION—December 6, 1841, to August 31, 1842 THIRD SESSION—December 5, 1842, to March 3, 1843 SPECIAL SESSION OF THE SENATE—March 4, 1841, to March 15, 1841 VICE PRESIDENT OF THE UNITED STATES—JOHN TYLER, 1 of Virginia PRESIDENT PRO TEMPORE OF THE SENATE—WILLIAM R. KING, 2 of Alabama; SAMUEL L. SOUTHARD, 3 of New Jersey; WILLIE P. MANGUM, 4 of North Carolina SECRETARY OF THE SENATE—ASBURY DICKENS, 5 of North Carolina SERGEANT AT ARMS OF THE SENATE—STEPHEN HAIGHT, of New York; EDWARD DYER, 6 of Maryland SPEAKER OF THE HOUSE OF REPRESENTATIVES—JOHN WHITE, 7 of Kentucky CLERK OF THE HOUSE—HUGH A. GARLAND, of Virginia; MATTHEW ST. CLAIR CLARKE, 8 of Pennsylvania SERGEANT AT ARMS OF THE HOUSE—RODERICK DORSEY, of Maryland; ELEAZOR M. TOWNSEND, 9 of Connecticut DOORKEEPER OF THE HOUSE—JOSEPH FOLLANSBEE, of Massachusetts ALABAMA Jabez W. Huntington, Norwich John Macpherson Berrien, Savannah SENATORS REPRESENTATIVES AT LARGE REPRESENTATIVES 12 William R. King, Selma Joseph Trumbull, Hartford Julius C. Alford, Lagrange 10 13 Clement C. Clay, Huntsville William W. Boardman, New Haven Edward J. Black, Jacksonboro Arthur P. Bagby, 11 Tuscaloosa William C. Dawson, 14 Greensboro Thomas W. Williams, New London 15 REPRESENTATIVES AT LARGE Thomas B. Osborne, Fairfield Walter T. Colquitt, Columbus Reuben Chapman, Somerville Eugenius A. Nisbet, 16 Macon Truman Smith, Litchfield 17 George S. Houston, Athens John H. Brockway, Ellington Mark A. Cooper, Columbus Dixon H. Lewis, Lowndesboro Thomas F. -
Partisan Gerrymandering and the Construction of American Democracy
0/-*/&4637&: *ODPMMBCPSBUJPOXJUI6OHMVFJU XFIBWFTFUVQBTVSWFZ POMZUFORVFTUJPOT UP MFBSONPSFBCPVUIPXPQFOBDDFTTFCPPLTBSFEJTDPWFSFEBOEVTFE 8FSFBMMZWBMVFZPVSQBSUJDJQBUJPOQMFBTFUBLFQBSU $-*$,)&3& "OFMFDUSPOJDWFSTJPOPGUIJTCPPLJTGSFFMZBWBJMBCMF UIBOLTUP UIFTVQQPSUPGMJCSBSJFTXPSLJOHXJUI,OPXMFEHF6OMBUDIFE ,6JTBDPMMBCPSBUJWFJOJUJBUJWFEFTJHOFEUPNBLFIJHIRVBMJUZ CPPLT0QFO"DDFTTGPSUIFQVCMJDHPPE Partisan Gerrymandering and the Construction of American Democracy In Partisan Gerrymandering and the Construction of American Democracy, Erik J. Engstrom offers an important, historically grounded perspective on the stakes of congressional redistricting by evaluating the impact of gerrymandering on elections and on party control of the U.S. national government from 1789 through the reapportionment revolution of the 1960s. In this era before the courts supervised redistricting, state parties enjoyed wide discretion with regard to the timing and structure of their districting choices. Although Congress occasionally added language to federal- apportionment acts requiring equally populous districts, there is little evidence this legislation was enforced. Essentially, states could redistrict largely whenever and however they wanted, and so, not surpris- ingly, political considerations dominated the process. Engstrom employs the abundant cross- sectional and temporal varia- tion in redistricting plans and their electoral results from all the states— throughout U.S. history— in order to investigate the causes and con- sequences of partisan redistricting. His analysis -
Rebel Salvation: the Story of Confederate Pardons
University of Tennessee, Knoxville TRACE: Tennessee Research and Creative Exchange Doctoral Dissertations Graduate School 12-1998 Rebel Salvation: The Story of Confederate Pardons Kathleen Rosa Zebley University of Tennessee, Knoxville Follow this and additional works at: https://trace.tennessee.edu/utk_graddiss Part of the History Commons Recommended Citation Zebley, Kathleen Rosa, "Rebel Salvation: The Story of Confederate Pardons. " PhD diss., University of Tennessee, 1998. https://trace.tennessee.edu/utk_graddiss/3629 This Dissertation is brought to you for free and open access by the Graduate School at TRACE: Tennessee Research and Creative Exchange. It has been accepted for inclusion in Doctoral Dissertations by an authorized administrator of TRACE: Tennessee Research and Creative Exchange. For more information, please contact [email protected]. To the Graduate Council: I am submitting herewith a dissertation written by Kathleen Rosa Zebley entitled "Rebel Salvation: The Story of Confederate Pardons." I have examined the final electronic copy of this dissertation for form and content and recommend that it be accepted in partial fulfillment of the requirements for the degree of Doctor of Philosophy, with a major in History. Paul H. Bergeron, Major Professor We have read this dissertation and recommend its acceptance: Stephen V. Ash, William Bruce Wheeler, John Muldowny Accepted for the Council: Carolyn R. Hodges Vice Provost and Dean of the Graduate School (Original signatures are on file with official studentecor r ds.) To the Graduate Council: I am submitting herewith a dissertation written by Kathleen Rosa Zebley entitled "Rebel Salvation: The Story of Confederate Pardons." I have examined the final copy of this dissertation for form and content and recommend that it be accepted in partial fulfillment of the requirements for the degreeof Doctor of Philosophy, witha major in History. -
President "Piercers Zjxcinisters at the Court of St
President "Piercers zJXCinisters at the Court of St. James URING the administration of Franklin Pierce, Great Britain was particularly concerned about American plans for ex- D pansion. Prior to Pierce's inauguration the London Times, the most influential English paper, lamented the end of the Whig administration and the return of the Democratic Party, whose last successful presidential candidate had been James K. Polk, the expan- sionist. The American Whig Party, not only defeated but destroyed by the election, was memorialized as one which had uniformly pro- fessed the greatest moderation and the greatest good will toward England. By their derived name and by their policy, the Whigs con- noted a less aggressively nationalistic spirit than the incoming ad- ministration of 1853. The Times warned that the government across the sea was being transferred to "untried hands."1 Apprehension about the presidency of General Pierce was based more on his party affiliation than on his personality. A London edi- torial at election time admitted that the English had not learned much about Pierce's abilities and intentions since his nomination. However, concern about such issues as the tariff and liberty of trade had lessened, for, according to The Times, Pierce was known to be favorable to reform.2 In diplomatic affairs, The Times lacked confi- dence in the American masses rather than in their chief magistrate: "American people are, no doubt, all-powerful at home but when they proceed to mix in the affairs of other countries, they must be content to recognize and obey those general laws which ought alike to control the excesses of despotism and of freedom/' Thus, on the same day that Charles Francis Adams noted in his diary that the Democratic Party was coming into office upon ultra proslavery grounds, The l Editorial, Times, Jan. -
South Carolina's Partisan
SOWING THE SEEDS OF DISUNION: SOUTH CAROLINA’S PARTISAN NEWSPAPERS AND THE NULLIFICATION CRISIS, 1828-1833 by ERIKA JEAN PRIBANIC-SMITH A DISSERTATION Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Communication and Information Sciences in the Graduate School of The University of Alabama TUSCALOOSA, ALABAMA 2010 Copyright Erika Jean Pribanic-Smith, 2010 ALL RIGHTS RESERVED ABSTRACT Ultimately the first state to secede on the eve of the Civil War, South Carolina erupted in controversy following the 1828 passage of an act increasing duties on foreign imports for the protection of domestic industry. Most could agree that the tariff was unconstitutional, unequal in that it benefited the industrial North more than the agrarian South, and oppressive to plantation states that had to rely on expensive northern goods or foreign imports made more costly by the duties. Factions formed, however, based on recommended means of redress. Partisan newspapers of that era became vocal supporters of one faction or the other. What became the Free Trade Party by the end of the Nullification Crisis began as a loosely-organized group that called for unqualified resistance to what they perceived as a gross usurpation of power by the federal government. The Union Party grew out of a segment of the population that was loyal to the government and alarmed by their opposition’s disunion rhetoric. Strong at the start due to tariff panic and bolstered by John C. Calhoun’s “South Carolina Exposition and Protest,” the Free Trade Party lost ground when the Unionists successfully turned their overzealous disunion language against them in the 1830 city and state elections.