Can the House Start Impeachment Proceedings Against a Senator or Even One of its Own Representatives?

No, they can’t be impeached. The Constitution permits a Member of Congress to be censured, stripped of their committee assignments, or expelled by a 2/3 vote from the respective chamber. The impeachment process is reserved for higher crimes and misdemeanors and does not apply to Representatives or Senators.

Understanding Impeachment vs. Removal

The intended purpose behind creating a separate process for removal is to prevent the impeachment process from encroaching on the independence of Congress. Each House of Congress is granted the authority to determine the rules of their proceedings, punish their members for disorderly behavior, and expel a member with two-thirds approval. This independent power means that the House can remove a Member of the Senate, and vice versa, through expulsion but not through impeachment.

Timeline and Historical Context

The matter of expulsion vs. impeachment was formally decided in 1797 when the Senate ruled that Senator William Blount could not be removed by impeachment but could instead be expelled. This historical ruling reinforced the independence and self-regulatory powers of each House of Congress.

Constitutional Provisions

The constitutional language is clear. Both the House and the Senate have distinct processes to expel members, derived from Article I, Section 5: “Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member.” This provision allows for various forms of discipline, including expulsion, censure, and reprimand.

Examples of Removal Actions

Let’s look at some real-world examples of how removal has been handled in Congress:

List of United States Representatives Expelled, Censured, or Reprimanded

Out of the list of Representatives who have been expelled, censured, or reprimanded, it is interesting to note the party membership. Most expelled or censured Members are Democrats. Some speculate that this may be related to party politics but the exact reasons can be complex and varied.

Examples of Expulsion and Censure

In the list of expelled members, there are only a few cases. For instance, Brigham Roberts of Utah was expelled in 1899 for being polygamous, and Adam Clayton Powell from New York was expelled in 1967 for financial and other misbehavior. Powell was denied seating on reelection after 16 years in the House but later returned and won again, losing shortly afterward to Charles Rangel.

List of United States Senators Expelled or Censured

In the Senate, only one Senator has been expelled for reasons other than supporting the Confederacy during the Civil War. There were nine censures but no reprimands recorded. Similar to the House, there is a list of "unseated" members, which includes both Representatives and Senators.

The methods of expulsion, censure, and reprimand reflect the seriousness of the offenses. Expulsion is the harshest measure, while censure and reprimand are more like a correction or warning. The complexity and discretion of removing a member show the care taken to maintain the functionality and integrity of the legislative process.