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1 (March 12, 2018)

handle is hein.crs/crsmthzzabb0001 and id is 1 raw text is: Congressional___ a Research Service The Constitutionality of Censuring the President Todd Garvey Legislative Attorney March 12, 2018 House Democrats have introduced a resolution that, if approved by the House, would formally censure and condemn President Trump for disparaging comments on immigration issues he allegedly made during a meeting with Members of Congress. This is the second presidential censure resolution introduced in the House this Congress. While each house of Congress has authority to discipline its own Members through censure, congressional censure of the President is rare. For that reason, there seems to be a recurring question as to whether Congress has the constitutional authority to adopt such a measure at all. As discussed below, it would appear that Congress may censure the President through a simple (one chamber) or concurrent (two chamber) resolution, or other non-binding measure, so long as the censure does not carry with it any legal consequence. This Sidebar will discuss examples of congressional censure of the President before addressing its constitutional validity. While Black & Law Dictionary defines censure as an official reprimand or condemnation..., in practice, there is no clear rule for determining the legislative actions that may qualify as a censure of the President. Viewed broadly, censure of the President could include any legislative measure formally adopted by the House or Senate that expresses that body's disagreement with specific presidential conduct. Using this definition, the first congressional censure of the President seemingly occurred in 1834 after President Andrew Jackson removed his Treasury Secretary for refusing to withdraw government deposits from the Bank of the United States. The approved Senate resolution stated that President Jackson had assumed upon himself authority and power not conferred by the constitution and laws, but in derogation of both. The Jackson resolution was subject to some debate, and three years later-once the President's supporters regained control of the Senate-the resolution was officially expunged from the Senate Journal. Similarly, in 1842, the House adopted a committee report that contained language criticizing President John Tyler's use of the veto, accusing him of a gross abuse of constitutional power by which he had assumed.. .the whole legislative power to himself... Other possible examples of presidential censure under this definition are discussed here. Congressional Research Service 7-5700 www.crs.gov LSB10096 CRS Legal Sidebar Prepared for Members and Committees of Conaress

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