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And examples of misconduct. House and Senate Rules of Conduct. Constitutional Background for enforcement of rules of conduct. Article 1 Section 5 Clause 2
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And examples of misconduct House and Senate Rules of Conduct
Constitutional Background for enforcement of rules of conduct • Article 1 Section 5 Clause 2 • “Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member.” • It is up to the members of Congress to discipline each other • This is the only branch that disciplines itself • Is this fair? • Of course, if they break a law they can be charged criminally
Rules of Conduct • Congress devises their own rules of conduct • The rules were last updated in 2008 • Less than 5% of Congress members have been charged with violating rules of conduct throughout our history
Rules • Never accept a gift that is linked to any official action you have taken • anything worth over $50 • Courtesy gifts under $100 from foreign dignitaries are acceptable • Souvenirs… • Never ask for a gift from a person or organization that has business before Congress • You cannot be paid for a speech given in your capacity as a member of Congress
Rules • Cannot use staff money or Congressional property for campaigning / campaign purposes • Cannot use your position to gain favors • Cannot have a relationship with any of your staff members, any interns, or any pages • Campaign funds may not be used for personal expenses • Mortgage, household items, vacations…
Punishment • Members of Congress who commit a crime are punishable by law • Members who violate rules of conduct, that are not violating a criminal statue may face: • Reprimand: a letter describing the infraction they committed (simple majority vote) • Censure: a public reading of the infractions they have committed (simple majority vote) • Expulsion: 2/3 vote to remove them from office Accused members will have their case heard by a panel of Congress members from their chamber (House or Senate) who suggest a punishment. Then all of the members of that chamber (House or Senate) vote on a punishment, or no punishment
Congress members who have faced punishment • Reprimand: • Rep. Barney Frank 1990: fixing a parking ticket • Censure: • Rep. Charles Wrangle 2010: see article • Expulsion: • only 20 members have been expelled in our history • Rep. James Traficant 2002: accepted bribes • Also convicted in a court of law, sentenced to 7 years in prison
Research • Name: • Where did they represent?: • What they were accused of doing?