Key Answer
The last person expelled from Congress was Representative James Traficant Jr. (D-OH) in July 2002, following a federal bribery, tax evasion, and racketeering conviction. Expulsion is rare; only five members have been expelled since 1789, and Traficant is the most recent. The Senate has expelled fewer members and has not expelled anyone since the Civil War era. Expulsion is a uniquely severe sanction that requires a two-thirds vote of the respective chamber and has only been used when members’ conduct was judged fundamentally incompatible with continued membership.
Constitutional Authority and Standard
Each House of Congress is empowered to judge the elections, returns, and qualifications of its members and to expel a member with the concurrence of two thirds of those present and voting (U.S. Const. art. I, sec. 5). Expulsion is distinct from censure or removal by other means; it is a formal, on-the-record termination of membership. Because the standard is supermajoritarian, expulsions are exceedingly rare and typically follow serious criminal conduct or profound breaches of public trust.
Historical Expulsions in the House
19th and 20th Century Expulsions
Before Traficant, the House had expelled four members, all during or shortly after the Civil War for supporting the Confederacy:
- John B. Clark (D-MO) and John J. Crittenden (not the Senator) in 1861
- Henry C. Burnett (KY) and Lucius W. Wigfall (TX) in 1861
These expulsions established an early precedent that disloyalty to the Union could justify removal. No expulsions occurred in the modern era until Traficant’s case more than 140 years later.
James Traficant Jr. (2002)
Traficant, a longtime Representative from Ohio, was convicted on July 24, 2001, on 10 counts including bribery, tax evasion, and racketeering. On July 23, 2002, the House voted 420–1 to expel him. The lone negative vote was from Traficant’s son, who recused himself but cast a protest vote. The conviction and expulsion underscored that even senior members are not above constitutional accountability.
Expulsions in the Senate
Pre–Civil War Era
The Senate has expelled only 15 members in history, with 14 of those occurring before 1861. Most notably, William Blount (TN) was expelled in 1797 for conspiring to aid Britain in actions against Spanish Florida. During the Civil War, several senators from seceded states were expelled for supporting the Confederacy. Since the readmission of former Confederate states, the Senate has not expelled any member.
Modern Senate Standards
In the modern era, the Senate has relied on censure, condemnation, and, in extreme cases, impeachment and conviction rather than expulsion. The high threshold and the importance of maintaining membership stability contribute to the rarity of expulsion in the Senate.
Expulsion Compared to Other Sanctions
Congress has a hierarchy of sanctions and symbolic actions to address member misconduct:
- Censure: Formal disapproval recorded in the Congressional Record; does not remove membership.
- Reprimand: A lesser, chamber-specific condemnation.
- Removal by other means: For example, members appointed to executive positions or judgeships may be removed by the executive or judicial branches, which is not an expulsion by the chamber itself.
- Expulsion: The only sanction that permanently terminates membership; requires a two-thirds vote.
Expulsion remains the most severe constitutional sanction available to each chamber.
Expulsion Statistics and Context
| Name | Date | Chamber | Reason | Vote to Expel |
|---|---|---|---|---|
| William Blount | 1797 | Senate | Conspiring to aid Britain against Spain | Not applicable (early Senate expulsion) |
| John B. Clark | 1861 | House | Supporting the Confederacy | 43–2 |
| John J. Crittenden | 1861 | House | Supporting the Confederacy | Not recorded by roll call |
| Henry C. Burnett | 1861 | House | Supporting the Confederacy | Not recorded by roll call |
| Lucius W. Wigfall | 1861 | House | Supporting the Confedederacy | Not recorded by roll call |
| James Traficant Jr. | 2002 | House | Bribery, tax evasion, racketeering (federal conviction) | 420–1 |
Procedural Notes and Aftermath
Expulsion proceedings begin with a resolution to expel, referred to the Committee on House Administration (in the House) or to the appropriate Senate committee. After debate and committee review, the full chamber votes. The standard evidentiary threshold is high, and members are typically afforded due process, including committee hearings and the opportunity to present a defense. For Traficant, the House followed extensive committee work and a criminal conviction, demonstrating the weight the chamber attaches to expulsion. After expulsion, a former member cannot regain their seat in that chamber except by special election if specifically permitted by state law and chamber rules, which is exceptionally rare.
Why Expulsions Are Rare
Several factors make expulsion uncommon:
- Supermajority requirement (two thirds) creates a high bar.
- Expulsion is a permanent remedy; most misconduct is addressed by lighter sanctions or by the justice system.
- Chambers prefer to retain members when possible to preserve institutional stability and legitimacy.
- Political considerations and concerns about precedent temper frequent use.
Modern Implications and Legacy
Traficant’s expulsion remains the most significant and recent use of this power. It reaffirmed that criminal conduct, even by a long-serving member, can lead to the ultimate sanction. The rarity of expulsions reflects both the strength of congressional self-policing through lighter measures and the gravity with which chambers view termination of membership. For students of congressional history and practitioners of legislative oversight, the Traficant case stands as the defining modern benchmark for expulsion under current practice.