Hey, Let's split the difference and Censure !!!

[Laura PourMeADrink]

http://www.law.cornell.edu/background/impeach/censure.htm

What is "Censure?"

Although ill-defined, censure is a process of Congressional reprimand--the political equivalent of a strongly-worded letter. In 1834, a Whig Senate "censured" Democratic President Andrew Jackson in retaliation for his withholding documents. Three years later, a Democratic Senate "expunged" the censure from the record. However, that act of censure had no basis in either the Constitution or the Rules of the House and Senate. This remains true today. Ordinarily, Congressional disapproval of the President is relayed either through its legislative power including the veto override power or through impeachment.

Presumably, censure of the President would take the form of a resolution adopted by both the House and Senate and then publicly announced. Legally, the resolution would have no effect. Censure derives from the formal condemnation by either the House or the Senate in rebuke of a Member of their own body. After a majority vote, the Member is publicly denounced, but still retains the position of Representative or Senator. However, the House removes the offending Member from any leadership positions in committees or sub-committees.

Probable Censure Procedure

A resolution censuring the President is not contemplated by the rules of the House. This means it has no inherent privilege; it is not a question of the privileges of the House, nor is it a matter of personal privilege. Thus, there is no framework for considering it.

A special rule from the House Rules Committee would be required for its floor consideration and to set debate parameters.

A censure resolution could be drafted, considered, and then reported from the House Judiciary Committee, or

A censure resolution could be introduced and taken up immediately under the auspices of a special rule from the House Rules Committee, or

A censure resolution could be introduced by an individual Member, and referred to the House Judiciary Committee for its consideration.

In the Senate, a censure resolution could be introduced and would be referred to the Senate Judiciary Committee, or

The Senate Judiciary Committee could draft, consider and report out a censure resolution to the full Senate; or

A unanimous consent agreement could be worked out in advance to introduce a censure resolution by sending it to the desk and providing for its immediate consideration.

Floor debate and possible amendment of a censure resolution would most likely be governed by a unanimous consent agreement among all Senators.

If there is a single objection to a unanimous consent agreement, the Majority Leader could move to proceed to a censure resolution.

Adoption of a motion to proceed requires a majority vote, unless it is filibustered. In that case, a 3/5ths vote (60 or more) is required to end the filibuster.

[hippiechick]

1. Russ Feingold who ?

:shrug: And what was that thing he said about censure last summer ? :shrug:

[Deep13]

5. Yah know, the majority party senator from Wisconsin.

He was on some soap box about abusing the Constitution or something.

[Deep13]

2. Censure won't get Junior's increasingly desperate hand away from the button.

The only reason I am at all in favor of spending time on impeachment is that.

[demrabble]

3. Censure Leaves * In Power

The biggest drawback I see in a censure is that a censure leaves * in power.

* has just announced his utter comtempt for the wishes of the American people.

He lied to get us into Iraq, and now, despite the very clear instructions of the American people, he wants to compound his earlier illegal invasion of another country.

It seems to me that * must be made to leave the presidency (along with Cheney and others).

Censure would simply express the feeling of Congress.

And * would not care at all.

[Warpy]

4. I'm afraid we may need him GONE

if he goes with his harebrained idea of invading Iran and Syria with just 20,000 additional troops.

[Laura PourMeADrink]

6. Oh I agree - But - realistically how likely is it? I should know this

but is it a simple majority to impeach? or 2/3? Even if we impeach, that doesn't mean they will vote to remove, right? My thought is that censure is better than nothing. It gets congress on the record that he is a lying crook.

[foo_bar]

7. censure is only meaningful in countries that demand a modicum of decency from politicians

e.g., Canada, occasionally the EU, where it might actually stain one's reputation. Here it's another notch on the bedpost, like indictment and conviction were for Oliver North's political aspirations to the Senate. Although in fairness to our system, censure is a parliamentary artifact with no bearing on an (indirectly) elected President, honor notwithstanding; censure has the legal force of a no-confidence vote or knighting Tony Blair in Senate chambers, even according to your law cite ("Legally, the resolution would have no effect"). The Constitution is pretty clear on impeachment by the House being the prescribed interim step to conviction and removal.

Article 1, Section 2, Clause 5
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Article 1, Section 3, Clauses 6 and 7
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried the Chief Justice shall preside; And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgement in Cases of Impreachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgement and Punishment, according to Law.

Article 2, Section 4
The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article 3, Section 1
. . . The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour. . .

http://press-pubs.uchicago.edu/founders/tocs/a1_2_5.html