Resolutions to Censure the President: Procedure and History
Released: 2018-02-01T00:00:00

Definition of Censure

Censure is a reprimand adopted by one or both chambers of Congress against a Member of Congress, President, federal judge, or other government official. While the censure of a sitting Member of Congress is considered a formal disciplinary action, non -Member censure is simply used to highlight conduct deemed by the House or Senate to be inappropriate or unauthorized.

There is no uniform language used to censure non-Members. This complicates efforts to identify all attempts to censure the President. The presidential censure resolutions listed in this report contain variations of the words or phrases: censure, condemn, unconstitutional, usurp, unauthorized, abuse of power, violation, or disapproval. Early resolutions of censure (Andrew Jackson, 1834; Abraham Lincoln, 1864) criticized the President for acting in "derogation" of the Constitution. More recent resolutions, including the most recent censure resolution submitted, ( H.Res. 700 , 115 th Congress), have used the words "censure and condemn" to reprimand the President.

Congressional Consideration of Censure Resolutions

Two Types of Censure Resolutions

There are two types of censure resolutions: those that target Members of Congress and those that target executive or judicial branch officials. Article 1, Section 5, of the Constitution grants each chamber the ability to "punish its Members for disorderly Behaviour." Resolutions censuring a Senator or Representative are based on this power.

In contrast, Congress has no disciplinary authority over the President except through impeachment. Thus, presidential censure resolutions express the "sense of" the House and/or Senate without additional legal implications.

Both Member and non-Member censure resolutions are usually simple resolutions. As such, they do not have the force of law and are not signed by the President. However, the House and Senate treat the two types of censure resolutions differently in a parliamentary sense.

Resolutions That Censure a Representative or a Senator

Simple resolutions that censure a Member of Congress for "disorderly behavior"—that is, resolutions carrying out the function of disciplining a Member under the Constitution—are privileged for consideration in both the House and Senate. In the House, privileged resolutions have precedence over the regular order of business; they can be called up on the floor when the House is not considering another matter. In the Senate, the motions to proceed to privileged resolutions are not debatable."

House censure resolutions generally qualify as questions of the privileges of the House under Rule IX. In this context, the censure of a Representative would occur through a formal vote of the House on a resolution disapproving of the Member's conduct. Such resolutions include the requirement that the offending Member stand in the well of the House as the resolution of censure is read aloud by the Speaker. (If the resolution reprimands a Member of the House without using the term censure, this step is not taken.) The most recent instance of a Representative being formally censured in this way by the House occurred in 2010.

In the Senate, the Select Committee on Ethics may recommend disciplinary action against a Senator, including "censure, expulsion, or recommendation to the appropriate party conference regarding such Member's seniority or positions of responsibility." The last time a Senator was formally censured by such a privileged resolution was in 1990.

Resolutions that Censure an Executive or Judicial Branch Official

While resolutions censuring a Member of Congress are privileged in the respective chamber, resolutions that censure, condemn, disapprove of, or express a loss of confidence in an executive or judicial branch official are not privileged and do not enjoy a special parliamentary status. Non-Member censure resolutions express the formal opinion of the House or Senate. Thus, they are considered under the regular parliamentary mechanisms used to process "sense of" legislation.

The last presidential censure resolution to receive congressional floor consideration occurred in the Senate in 1912 (William Howard Taft). All subsequent resolutions have been referred to House or Senate committees without further action. Nevertheless, the following parliamentary scenarios are possible when considering non-Member censure resolutions.

House Procedure

Should a House committee report a non-Member censure resolution, the full House may consider it by unanimous consent, under the Suspension of the Rules procedure, or under the terms of a special rule reported by the Committee on Rules and adopted by the House. If widespread support exists for the censure resolution, unanimous consent or the Suspension of the Rules procedure may be used. Otherwise, the resolution could be brought to the floor under a special rule reported by the Committee on Rules. All three of these parliamentary mechanisms require, at a minimum, the support of the majority party leadership in order to be entertained.

If the censure resolution was not supported by the House majority party leadership, obtaining floor consideration would likely be difficult. Members could try to employ the House discharge rule (Rule XV, clause 2) to bring a censure resolution (or a special rule providing for its consideration) to the chamber floor.

Senate Procedure

In the Senate, a Member could make a unanimous consent request to consider a censure resolution at the time it was submitted. If any Senator objected to this procedure, consideration of the resolution would effectively be blocked.

A Senator might instead submit the resolution for it to be referred to committee in the usual way. The Senate committee might then report the censure resolution, allowing the measure to be called up on the floor by unanimous consent or by debatable motion. In either case, the resolution and any preamble therein would each be separately debatable and amendable, including by non-germane amendment.

If a Senator introduces an amendment that contains censorious language or attempts to alter a resolution of censure, that amendment would also be subject to debate. As a result, without unanimous consent, one or more cloture processes, requiring supermajority vote thresholds, might be necessary in order to reach a final vote on censure language in the Senate.

History of Presidential Censure Attempts, 1789-2016, 1st-114th Congresses

As stated earlier, there is no uniform language of censure. Therefore, the designation of censure is somewhat subjective. The censure resolutions identified in this report either contained the word "censure" or explicitly cited an alleged abuse of presidential power.

Using these criteria, CRS identified 13 former Presidents who were the subject of censure attempts while in office: 11 by resolutions of censure, one via a House committee report, and another through an amendment to an unrelated resolution. On four occasions, the House or Senate adopted resolutions that, in their original form, charged the President with abuse of power. Otherwise, presidential censure resolutions have remained in committee without further consideration or were not adopted in a floor vote.

The following sections provide additional information on each censure attempt. The measures are also listed in Table 1 .

Resolutions Adopted

The four adopted censure-related resolutions were all simple resolutions. As such, they expressed the "sense of" the respective chamber but did not have the force of law or contain any disciplinary authority.

In two cases identified (Presidents Lincoln and Taft), the resolutions were amended on the chamber floor so that they no longer clearly censured the President. In another case (President Buchanan), the resolution's language may have intended a lesser rebuke than censure. The fourth case, President Andrew Jackson, remains the clearest case of presidential censure by resolution, although his censure was subsequently expunged.

Andrew Jackson (1834)

The Jackson case stemmed from a dispute over the Second Bank of the United States. In 1832, Jackson vetoed legislation to renew the Bank's charter and began removing the government's deposits. The following year, some Members of Congress launched an investigation, during which Jackson refused to provide a requested document. In response, on December 26, 1833, Senator Henry Clay of Kentucky (Anti-Jacksonian Party) submitted a resolution of censure. As modified by Clay, the measure resolved, "That the President, in the late Executive proceedings in relation to the public revenue, has assumed upon himself authority and power not conferred by the Constitution and laws, but in derogation of both."

On March 28, 1834, after three months of intense debate, the Senate agreed to the censure resolution. That April, Jackson submitted an "Executive protest," which argued that the Senate's censure of a non-Senator was "wholly unauthorized by the Constitution, and in derogation of its entire spirit." The Senate countered, on May 7, with resolutions that called the President's protest itself, "a breach of the privileges of the Senate," which could not be recognized or "entered on the Journals." By early 1837, however, pro-Jackson Democrats had gained the Senate majority, and they voted to remove the censure from chamber records. On January 16, the Secretary of the Senate drew black lines around the original resolution in the Senate Journal , adding the words, "Expunged by order of the Senate."

James Buchanan (1860)

On June 11, 1860, Representative Robert Hatton of Tennessee (Opposition Party) reported five resolutions on behalf of the Committee on the Expenditures in the Navy Department, a select committee appointed during the previous 35 th Congress. All five resolutions charged the Secretary of the Navy, Isaac Toucey, with ethical violations related to military contracts. The fourth resolution also reprimanded the President, alleging that the President and the Secretary awarded contracts based on "party relations" and the "pending elections." By doing so, the resolution stated, "they have set an example dangerous to the public safety, and deserving the reproof of this House." However, the fifth resolution, targeting just Toucey, used the word censured to condemn the Secretary's appointment of an engineer with financial interests in Navy projects. Thus, it could be argued that the House chose a weaker reprimand for the President.

On June 13, the House voted to adopt all five resolutions. The fourth resolution, targeting the President and Secretary of the Navy, passed in a 106-61 vote.

Abraham Lincoln (1864)

On May 11, 1864, Senator Garret Davis of Kentucky (Unionist Party) introduced a resolution reprimanding President Lincoln for allowing two generals to return to military service after they won election to the House. Senator Davis' original measure resolved, "That the arrangement aforesaid, made by the President and the Secretary of War with Generals Schenck and Blair, to receive from them temporarily their commissions of major general, with discretion, on their part, at any time during this session of Congress to resume them, was in derogation of the Constitution of the United States, and not within the power of the President and the Secretary of War, or either of them, to make."

The Senate referred the resolution to the Judiciary Committee. On June 15, the committee reported, and the Senate approved, an amended version of the resolution. The new language affirmed that an officer must be re-appointed "in the manner provided by the Constitution," but no longer overtly censured the President.

William Howard Taft (1912)

On July 15, 1912, Senator Joseph Bailey of Texas (Democratic Party) introduced S.Res. 357 after President Taft was accused of trying to influence a disputed Senate election. The original text resolved, "That any attempt on the part of the President of the United States to exercise the powers and influence of his great office for the purpose of controlling the vote of any Senator upon a question involving the right to a seat in the Senate violates the spirit, if not the letter, of the Constitution, invades the rights of the Senate, and ought to be severely condemned."

In debate, Senator Bailey stated that his resolution targeted a "particular circumstance" involving the current President. Still, he was open to amending his own resolution in order to gain supporters. On July 16, in a 35-23 vote, the Senate adopted the amended version of the resolution. The new text substituted "violates" to "would violate" and removed the final phrase, "and ought to be severely condemned." Thus, as amended, the resolution referred to potential presidential actions without specifically censuring Taft's past behavior.

Censure Attempts (No Resolution Adopted)

Between 1800 and 1952, at least three Presidents were the subject of critical resolutions that were not adopted. In addition, one President (Polk) had his actions condemned by an amendment to a resolution, while another (Tyler) received criticism in a House committee report.

Richard Nixon's years in office (1969-1974) marked a new period in presidential censures. Since 1972, several Presidents have been subject to multiple censure attempts. Most resolutions have used variations of the phrase "censure and condemn" or, in reference to Presidents Nixon and Clinton, called for the President's resignation. In all cases, these resolutions (1972-2016) have been referred to committee with no further action. Information on resolutions dated 1973-present is available from Congress.gov.

John Adams (1800)

On February 20, 1800, Representative Edward Livingston of New York (Jeffersonian Republican Party) introduced three resolutions accusing the President of judicial interference. The text described the case of a "fugitive" accused of crimes aboard a British ship. According to the first two resolutions, the President advised a federal judge to release the man into British custody, even though the fugitive claimed to be an American citizen acting in self-defense. The third resolution condemned the President, stating: "his advice and request to the Judge of the District Court ... are a dangerous interference of the Executive with Judicial decisions; and that the compliance with such advice and request on the part of the Judge of the District Court of South Carolina, is a sacrifice of the Constitutional independence of the Judicial power, and exposes the administration thereof to suspicion and reproach." On March 8, the full House voted (61-35) in concurrence with the Committee of the Whole's decision to defeat the three resolutions.

John Tyler (1842)

The Tyler case followed the unexpected death of President William Henry Harrison early in his term of office. Once John Tyler assumed the presidency, he vetoed a number of bills, angering several Members of Congress. On August 10, 1842, the former President, Representative John Quincy Adams of Massachusetts (Whig Party), moved to form a select committee to consider the President's latest veto message and "report thereon." The following week, Representative Adams submitted the committee's report, which recommended a constitutional amendment to lower the threshold to overturn presidential vetoes from a two-thirds vote to a simple majority.

The report itself issued criticism of the President's actions, including his "continual and unrelenting exercise of executive legislation, by the alternate gross abuse of constitutional power and bold assumption of powers never vested in him by any law." On August 17, the House voted (100-80) to approve the report, but did not have the necessary two-thirds support required to adopt the resolution amending the Constitution.

In this case, the House did not approve a censure resolution. Still, the report itself may be considered a form of presidential censure. In response to the criticism, Tyler submitted an official protest, but the House refused to recognize it.

James K. Polk (1848)

On January 3, 1848, the House considered a resolution congratulating Generals Zachary Taylor and Winfield Scott for their military service during the Mexican-American War. Representative George Ashmun of Massachusetts (Whig Party) offered an amendment to a motion to refer the resolution to the Committee on Military Affairs. The amendment instructed the committee to add the phrase, "in a war unnecessarily and unconstitutionally begun by the President" to the resolution. In an 85-81 vote, the House approved the amendment. However, the underlying resolution was never adopted. Instead, both chambers passed a joint resolution in praise of the generals, and this one included no criticism of Polk or the war.

Ulysses S. Grant (1871)

The Grant case followed months of acrimony between the President and Senator Charles Sumner of Massachusetts (Republican Party), who previously served as chairman of the Foreign Relations Committee. As chairman, Senator Sumner led efforts to defeat the President's treaty to annex the Dominican Republic. However, the conflict subsequently led to Sumner's replacement as chairman at the start of the 42 nd Congress (March 4, 1871). On March 24, Senator Sumner introduced an eight-part resolution that addressed the President's recent deployment of ships along the Dominican coast. Section five of the resolution called the action, without the authority of Congress, "an infraction of the Constitution of the United States and a usurpation of power not conferred upon the President." On March 27, Senator Sumner modified his own resolution to insert additional text: this "belligerent intervention ... [was] unauthorized violence, utterly without support in law or reason, and proceeding directly from that kingly prerogative which is disowned by the Constitution of the United States." Two days later, the Senate voted 39-16 to table the resolution.

Harry S. Truman (1952)

During the Korean War, steel workers were scheduled to strike on April 9, 1952. However, hours before the scheduled walkout, President Truman issued an executive order directing the Department of Commerce to seize control of steel mills associated with the United Steelworkers of America. In response, Representative Burr Powell Harrison of Virginia (Democratic Party) introduced H.Con.Res. 207, condemning the seizure as "without authority in law."

The measure marked the first known attempt to reprimand a President with a concurrent resolution. Such measures require the agreement of both houses of Congress. However, on April 9, the resolution was referred to the House Committee on the Judiciary and received no further consideration.

Richard M. Nixon (1972/1973/1974)

Beginning in 1972, President Nixon was the subject of several House resolutions (simple and concurrent) that either sought his censure or called for his resignation. Introduced on January 18, 1972, H.Con.Res. 500 (92 nd Congress) addressed the President's conduct during the Vietnam War. It was referred to the House Foreign Affairs Committee. All other resolutions pertained to the President's conduct related to the Watergate break-in (June 17, 1972) and were referred to the House Judiciary Committee.

The first group of Watergate resolutions, submitted between October 23, 1973, and December 4, 1973, followed the firing of special prosecutor Archibald Cox on October 20. The second set, H.Res. 1288 and H.Con.Res. 589 (August 2 and 8, 1974), were submitted after the Judiciary Committee adopted articles of impeachment (July 27-30, 1974).

Three resolutions, H.Res. 684 , H.Con.Res. 376 , and H.Res. 734 , stated that the President "should resign" but did not cite a specific abuse of power. Thus, they arguably could be considered "no confidence" resolutions, not measures explicitly expressing censure.

Nixon resigned on August 9, 1974, one day after the last censure resolution, H.Con.Res. 589 , was submitted.

William J. Clinton (1998/1999)

The Clinton resolutions concerned the President's testimony before a grand jury in August 1998. The testimony was alleged to contradict an earlier deposition that the President had given in January. In response, some Members of Congress considered either censuring or impeaching the President for perjury and obstruction of justice.

Introduced between September 1998 and February 1999, five resolutions considered alternatives to impeachment proceedings. H.Res. 531 (September 11, 1998) called for the President's immediate resignation. The resolution, however, also stated that he "abused the office." Therefore, the measure might be considered both a resolution of "no confidence" and one of censure. All other resolutions used variations of the phrase, "censure and condemn," in reference to the President's conduct.

H.J.Res. 139 and H.J.Res. 140 were introduced on December 17, 1998, two days before the House approved two articles of impeachment, while H.J.Res. 12 (January 6, 1999) was introduced one day before the start of the President's Senate impeachment trial. The final resolution, S.Res. 44 , was introduced on February 12, 1999, the same day that the Senate voted to acquit the President of all charges.

Note that H.J.Res. 139 , H.J.Res. 140 , and H.J.Res. 12 were joint resolutions. Unlike simple and concurrent resolutions, final approval of joint resolutions requires passage by both houses of Congress, and then the President must sign them or allow them to become law without his signature. These specific joint resolutions also mandated that the President, by his signature, agree to the following conditions: acknowledge censure and condemnation, donate $500,000 to the Treasury, not deliver in person any State of the Union address, not involve himself in Democratic Party or campaign activities, and not serve in public office after his term as President concluded. The joint resolutions' procedural and policy requirements made them the most controversial of the Clinton censure resolutions. However, like the other censure resolutions, H.Res. 531 and S.Res. 44 , the joint resolutions were referred to committee without further consideration.

George W. Bush (2005/2006/2007)

The George W. Bush resolutions addressed the Administration's response to the September 11, 2001, attack on the United States and its prosecution of the global war on terrorism. S.Res. 398 charged the "unlawful authorization of wiretaps of Americans." S.Res. 303 and H.Res. 626 targeted President Bush and Attorney General Alberto R. Gonzales; both measures resolved to censure and condemn them for "disregarding statutes, treaties, and the Constitution." The remaining four resolutions, H.Res. 636 , , S.Res. 302 , and H.Res. 625 sought to censure either President Bush alone, or in addition to Vice President Richard Cheney, for actions related to the war in Iraq.

S.Res. 302 was referred to the Senate Foreign Relations Committee. The other resolutions were referred to either the House or Senate Judiciary Committees. While no resolutions were reported out of committee, the Senate Judiciary Committee, on March 31, 2006, held hearings on S.Res. 398 .

Barack Obama (2013/2014/2016)

The five Obama censure resolutions contained a variety of charges. H.Res. 425 (November 20, 2013) charged a failure to execute laws, as well as the "usurpation of the legislative power of Congress." H.Res. 652 (June 26, 2014) charged "actions beyond the laws of the United States." H.Res. 582 (January 7, 2016) cited usurpation of Congress, while H.Res. 588 (January 13, 2016) stated that the President failed to fulfill the duties of Commander in Chief. The final resolution, H.Res. 607 (February 4, 2016), again charged actions beyond the laws and usurpation of Congress.

All measures were simple House resolutions, which were referred to the Judiciary Committee, and subsequently by the committee to its Subcommittee on the Constitution and Civil Justice. The resolutions received no action.

Notes: * Entries marked with an asterisk called for the President's resignation. If the resolution did not include additional language reprimanding the President or his conduct, it is arguably not a resolution of censure. H.Res. 531 (105 th Congress) is both a resolution of "no confidence" and a resolution of censure because it included the phrase, "abused the office."