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Censure is a process by which a formal reprimand is issued to an individual by an authoritative body.
Censure in the United States
Censure is a congressional procedure for publicly reprimanding the President of the United States, a member of Congress or a judge for inappropriate behavior. When the President is censured, it serves merely as a condemnation and has no direct effect on the validity of presidency, nor are there any other particular legal consequences. Unlike impeachment, censure has no basis in the Constitution, or in the rules of the Senate and House of Representatives. It derives from the formal condemnation of either congressional body of their own members.
To date, Andrew Jackson is the only sitting President to be successfully censured, and his censure was subsequently expunged from the record.
On December 2, 1954, Senator Joseph McCarthy (Republican-Wisconsin) was censured by the United States Senate for behavior that was “contrary to senatorial traditions." McCarthy had recklessly accused employees of the U.S. government of membership in the communist party, or of communist sympathies. McCarthy's efforts did not result in any convictions or criminal prosecutions for espionage. However, intercepted Soviet communications from the now-declassified VENONA project, as well as the opening of Soviet Archives, indicate that some of the individuals he pursued were, in fact, Soviet spies.
On June 10, 1980, Representative Charles H. Wilson (Democrat-California) was censured by the House of Representatives for "financial misconduct," as a result of the "Koreagate" scandal of 1976. "Koreagate" was an American political scandal involving South Koreans seeking influence with members of Congress. An immediate goal seems to have been reversing President Richard Nixon's decision to withdraw troops from South Korea. It involved the KCIA (now National Intelligence Service (South Korea)) funnelling bribes and favors through Korean businessman Tongsun Park in an attempt to gain favor and influence. Some 115 members of Congress were implicated. Also investigated were Sun Myung Moon and his Unification Church.
On March 13, 2006, Senator Russ Feingold (Democrat-Wisconsin) introduced a resolution in the U.S. Senate for a censure of President George W. Bush. This was a result of allegations of illegal wiretapping, as reported in the New York Times, that the President did not follow the Foreign Intelligence Surveillance Act of 1978 (FISA), which mandates use of a surveillance court for approval of wiretaps on Americans. In its history, the court has granted almost every requested warrant, and in only exceedingly rare instances has it turned down a request. The U.S. Senate has not yet voted on the resolution, as it first needs to be considered by the Senate Judiciary Committee. Then, it may be sent to the floor of the U.S. Senate for a vote.
Censure in Canada
Censure is a procedure by which the Canadian House of Commons or the Senate can rebuke the actions or conduct of an individual. The power to censure is not directly mentioned in the constitutional texts of Canada but is derived from the powers bestowed upon both Chambers through section 17 of the Constitution Act, 1867. A motion of censure can be introduced by any Member of Parliament or Senator and passed by a simple majority for censure to be deemed to have been delivered. In addition, if the censure is related to the privileges of the Chamber, the individual in question could be summoned to the bar of the House or Senate (or, in the case of a sitting member, to that member's place in the chamber) to be censured, and could also face other sanctions from the house, including imprisonment. Normally, censure is exclusively an on-the-record rebuke—it is not equivalent to a motion of non-confidence, and a prime minister can continue in office even if censured. However, previous Prime Ministers have accepted motions of censure as questions of confidence and resigned.
References
- (See the Representative Conyers raises censure issue.)
See also
"Censure"