Resolutions to Censure the President: Procedure and History

"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 Member censure is a disciplinary measure that is sanctioned by the Constitution (Article 1, Section 5), non-Member censure is not. Rather, it is a formal expression or “sense of” one or both houses of Congress.

Censure resolutions targeting non-Members have utilized a range of statements to highlight conduct deemed by the resolutions’ sponsors to be inappropriate or unauthorized. Before the Nixon Administration, such resolutions included variations of the words or phrases unconstitutional, usurpation, reproof, and abuse of power. Beginning in 1972, the most clearly “censorious” resolutions have contained the word censure in the text.

Resolutions attempting to censure the President are usually simple resolutions. These resolutions are not privileged for consideration in the House or Senate. They are, instead, considered under the regular parliamentary mechanisms used to process “sense of” legislation.

Since 1800, Members of the House and Senate have introduced resolutions of censure against at least 12 sitting Presidents. Two additional Presidents received criticism via alternative means (a House committee report and an amendment to a resolution).

The clearest instance of a successful presidential censure is Andrew Jackson. The Senate approved a resolution of censure in 1834. On three other occasions, critical resolutions were adopted, but their final language, as amended, obscured the original intention to censure the President.

In the remaining cases, resolutions remained in committee, without further consideration, or were not adopted in a floor vote. Nevertheless, presidential censure attempts have become more frequent since the Watergate era.

This report summarizes the procedures that may be used to consider resolutions of censure and the history of attempts to censure the President (1 st -116th Congresses). It also provides citations to additional reading material on the subject..."
Censure President Resolution 

Resolutions to Censure the President: Procedure and History

"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 Member censure is a disciplinary measure that is sanctioned by the Constitution (Article 1, Section 5), non-Member censure is not. Rather, it is a formal expression or “sense of” one or both houses of Congress.

Censure resolutions targeting non-Members have utilized a range of statements to highlight conduct deemed by the resolutions’ sponsors to be inappropriate or unauthorized. Before the Nixon Administration, such resolutions included variations of the words or phrases: unconstitutional, usurpation, reproof, and abuse of power. Beginning in 1972, the most clearly “censorious” resolutions have contained the word, “censure,” in the text.

Resolutions attempting to censure the President are usually simple resolutions. These resolutions are not privileged for consideration in the House or Senate. They are, instead, considered under the regular parliamentary mechanisms used to process “sense of” legislation.

Since 1800, Members of the House and Senate have introduced resolutions of censure against at least 12 sitting Presidents. Two additional Presidents received criticism via alternative means (a House committee report and an amendment to a resolution).

The clearest instance of a successful presidential censure is Andrew Jackson. The Senate approved a resolution of censure in 1834. On three other occasions, critical resolutions were adopted, but their final language, as amended, obscured the original intention to censure the President.

In the remaining cases, resolutions remained in committee, without further consideration, or were not adopted in a floor vote. Nevertheless, presidential censure attempts have become more frequent since the Watergate era.

This report summarizes the procedures that may be used to consider resolutions of censure and the history of attempts to censure the President (1st -115th Congresses). It also provides citations to additional reading material on the subject..."
Censure the President

Resolutions to Censure the President: Procedure and History

"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 Member censure is a disciplinary measure that is sanctioned by the Constitution (Article 1, Section 5), non-Member censure is not. Rather, it is a formal expression or “sense of” one or both houses of Congress. As such, censure resolutions targeting non-Members use a variety of statements to highlight conduct deemed by the resolutions’ sponsors to be inappropriate or unauthorized.

Resolutions that attempt to censure the President for abuse of power, ethics violations, or other behavior, are usually simple resolutions. These resolutions are not privileged for consideration in the House or Senate. They are, instead, considered under the regular parliamentary mechanisms used to process “sense of” legislation.

Since 1800, Members of the House and Senate have introduced resolutions of censure against at least 12 sitting Presidents. Two additional Presidents received criticism via alternative means (a House committee report and an amendment to a resolution)..."
Censure and the President

Congressional Consideration of Resolutions to "Censure" Executive Branch Officials

"Over the history of the federal Congress, Members have proposed resolutions to formally express the House or Senate's censure, disapproval, loss of confidence, or condemnation of the President or other executive branch official or their actions. This Insight summarizes the parliamentary procedures the House and Senate might use to consider a resolution to censure or condemn an executive branch official and provides links to additional reading material on the subject.

Two Types of "Censure" Resolutions

An important distinction should be made between two types of "censure" resolutions: (1) resolutions expressing the sense of the House or Senate that the behavior or actions of an executive branch official should be condemned or censured and (2) resolutions that censure a Member of Congress for "disorderly behavior," including ethical violations. Resolutions that censure officials of the executive branch for abuse of power or inappropriate behavior, including ethical violations, are usually simple resolutions of the House or Senate. Such resolutions, however, are distinct in an important way from the simple resolutions by which either chamber may censure one of its own Members, even though the reasons for censure may be similar. Article I, Section 5, of the Constitution grants each chamber the power to discipline its own members, and resolutions censuring a Senator or Representative are based on this power. Resolutions censuring an official of another branch, on the other hand, are merely expressions of the sense of the House or the Senate about the conduct of an individual over whom Congress has no disciplinary authority (except through impeachment). Consequently, both Houses treat these two types of "censure" resolutions very differently in a parliamentary sense. Resolutions of either type, however, have been rare.."
Congressional censure of Executive Branch

Censure of Senator Joseph McCarthy

"On December 2, 1954, the Senate voted to censure Senator Joseph McCarthy, who had led the fight in Congress to root out suspected Communists from the Federal Government. The censure described his behavior as "contrary to senatorial traditions." This copy of the resolution catches the debate on November 9 as the Senate refined the wording of its resolution. The substance of the first count, charging McCarthy with failure to cooperate with a Senate subcommittee, remained unchanged in the final resolution. The second count was dropped for a condemnation of McCarthy’s attacks on the very members of the committee that considered his censure..."
Joseph McCarthy