Page:Recall of Legislators and the Removal of Members of Congress from Office.pdf/6

 three during the Civil War period for disloyalty to the Union. Two other House Members have been expelled, one in 1980 after conviction of conspiracy and bribery in office, and the other Member in 2002 after conviction for conspiracy to commit bribery, receiving illegal gratuities, fraud against the Government in receiving “kickbacks” from staff, and obstruction of justice. Although actual expulsions from Congress are fairly rare, it should be noted that several Members of Congress have chosen to resign from office rather than face what was apparently perceived as an inevitable congressional expulsion.

Except as to the requirement for a two-thirds approval, the authority of each house of Congress to expel one of its own Members is unrestricted by the language of the Constitution. Although such authority appears to be extensive as to the grounds, nature, timing, and the procedure for the expulsion of a Member, policy considerations, as opposed to questions of power or authority, may have generally restrained the Senate and the House in the exercise of their authority to expel. Such restraint has been particularly evident when the conduct complained of occurred prior to the time the Member was in Congress, or occurred in a prior Congress, when the electorate knew of the conduct and still elected or re-elected the Member. The apparent reticence of the Senate or House to expel a Member for past misconduct after the Member has been duly elected or re-elected by the electorate, with knowledge of the Member’s conduct, appears to reflect in some part the deference traditionally paid in our heritage to the popular will and election choice of the people. In 1914, the Judiciary Committee of the House detailed various policy considerations in expulsions for past misconduct: Rh