Expelling a member of the United States Congress is a rare, constitutionally grounded process available only to each chamber of Congress. This guide explains who can be expelled, what the Constitution requires, how the process has played out in practice, and what expulsion means for the member and for Congress. It is designed as an evergreen explainer focused on verified procedures, historical facts, and durable reference points rather than short-lived news.
Constitutional Authority and Legal Standard
Article I, Section 5 of the U.S. Constitution grants each House of Congress the power to determine its rules of proceedings and to discipline its members. Expulsion is the severest form of congressional discipline and applies only to members of Congress, not to staff or nonmembers.
Who Is Subject to Expulsion
- U.S. Representatives and U.S. Senators
- Members must have engaged in conduct deemed disorderly or unbecoming, typically involving serious misconduct such as treason, bribery, or other high crimes and misdemeanors.
Required Vote and Burden of Proof
- Expulsion requires a two-thirds vote of the members present and voting in the respective chamber.
- Each house sets its own rules for investigations, hearings, and evidentiary standards, but a supermajority is consistently required by both chambers’ rules and by historical practice.
| Attribute | Verified Detail | Source Type |
|---|---|---|
| Chamber | U.S. House of Representatives or U.S. Senate | Constitution, Article I, Section 5 |
| Vote Required | Two-thirds of members present and voting | Chamber rules and precedents |
| Eligible Members | Only sitting members of Congress | Legislative practice |
| Typical Grounds | Treason, bribery, other high crimes or disorderly conduct | Historical usage and reports |
Historical Precedents and Notable Cases
Expulsion is exceptionally rare in U.S. history. The House has expelled only five members, all during the Civil War or shortly thereafter, primarily for supporting the Confederacy. The Senate has expelled just one member, also during the Civil War for Confederate sympathies. No member has been expelled in the modern era, though several members have faced near-expulsion votes following serious allegations.
Key Examples
- 1861: Three House members expelled for Confederate support.
- 1862: One additional House member expelled for similar reasons.
- 1873: One Senate member expelled after a lengthy investigation into corruption and misconduct.
- 2002 and 2009: Members faced formal expulsion resolutions, but both resigned before the House could vote.
Initiation and Process in the House and Senate
The process begins with a member filing a resolution to expel or by the chamber introducing such a resolution. Each chamber follows its own internally adopted rules, but common elements include referral to a committee, investigations, hearings, and debate on the floor.
Step-by-Step Overview
- A resolution for expulsion is introduced or referred to a committee.
- The committee investigates allegations, gathers evidence, and may hold public hearings.
- The full chamber debates the committee report and the merits of expulsion.
- A vote is held; a two-thirds majority of those voting is required for expulsion.
- If expelled, the member’s seat is declared vacant and a special election is governed by state law.
Practical Consequences of Expulsion
Expulsion removes the member from office immediately and terminates their legislative powers. It also affects post-Congress benefits, such as pensions, office space, and staff resources under the Ethics Reform Act of 1989 and related statutes. An expelled member may face separate civil or criminal proceedings, but expulsion itself is a purely legislative action, not a criminal penalty.
Immediate Effects
- Loss of congressional salary and benefits.
- Forfeiture of official office and legislative access.
- Ineligibility to hold federal office unless specifically restored by law or through extraordinary measures.
Comparison with Other Disciplinary Actions
Congress can censure or reprimand a member, which are less severe than expulsion and do not remove the member from office. Censure requires only a majority vote and is a formal condemnation recorded in the Congressional Record. Expulsion, by contrast, requires a supermajority and ends the member’s tenure.
| Action | Vote Required | Consequence |
|---|---|---|
| Censure | Simple majority | Formal condemnation, remains in office |
| Reprimand | Simple majority (in some periods by committee) | Formal disapproval, remains in office |
| Expulsion | Two-thirds majority present and voting | Removal from office |
Modern Considerations and Frequently Asked Questions
Because no expulsion has occurred in decades, people often ask how likely expulsion is today and what kinds of conduct could trigger it. While each chamber controls its own discipline, the practical threshold remains very high, reflecting both the gravity of removing an elected official and the political risks of such a vote. Members considering expulsion typically weigh legislative norms, public opinion, and the precedent set by historical cases.
Frequently Asked Questions
- Can a president expel a member of Congress? No. The Constitution assigns expulsion authority exclusively to each chamber of Congress.
- Is expulsion the same as impeachment? No. Impeachment by the House and conviction by the Senate remove officials from office, but expulsion is a legislative action by a single chamber targeting its own members.
- Can state legislatures expel their members? Yes, state legislatures can expel or discipline their own members under their state constitutions and rules, which may differ from federal standards.
- What happens to a seat after expulsion? The seat becomes vacant, and state law governs the timing and process of a special election.
Calls for Expulsion in Recent Years
Several recent proposals and resolutions have sought expulsion over issues such as alleged corruption, security breaches, and conduct related to official duties. These have generally advanced to investigations or committee review but have not resulted in full expulsion votes. The rarity of expulsion underscores its status as a measure of last resort rather than a routine disciplinary tool.
Conclusion and Rule of Law Context
Expelling a member of Congress is a constitutional remedy with strict voting requirements and serious consequences. It remains available to the House and Senate under Article I, Section 5, but the two-thirds threshold and historical rarity ensure it is used only in the most extreme cases of misconduct. This overview provides a durable, fact-based reference for understanding how expulsion works, who it applies to, and why it is reserved for the gravest breaches of legislative trust.