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Under Article I, Section 5, clause 2, of the Constitution, a Member of Congress

may be removed from office before the normal expiration of his or her constitutional

term by an "expulsion" from the Senate (if a Senator) or from the House of

Representatives (if a Representative) upon a formal vote on a resolution agreed to by

two-thirds of the Members of the respective body present and voting. While there

are no specific grounds for an expulsion expressed in the Constitution, expulsion

actions in both the House and the Senate have generally concerned cases of perceived

disloyalty to the United States, or the conviction of a criminal statutory offense which

involved abuse of one's official position. Each House has broad authority as to the

grounds, nature, timing, and procedure for an expulsion of a Member. However,

policy considerations, as opposed to questions of authority, have appeared to restrain

the Senate and House in the exercise of expulsion when it might be considered as

infringing on the electoral process, such as when the electorate knew of the past

misconduct under consideration and still elected or re-elected the Member.

Report for Congress

Received through the CRS Web

Order Code RL30016

Recall of Legislators and the

Removal of Members of Congress from Office

Updated March 20, 2003

Jack Maskell

Legislative Attorney

American Law Division

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15y ago

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