Cecily Zamora
There have been several instances of congressmen not upholding the law in the United States. For example, in 2006, Congressman Preston Brooks, Democrat of South Carolina, beat Senator Charles Sumner with a cane, avoiding expulsion, and later resigning and getting re-elected. In 2006, Congressman Murtha commented that the Haditha killings constituted cold-blooded murder and war crimes, which led to a defamation case. In 2023, Representative Jamaal Bowman, Democrat of New York, had a motion of expulsion brought against him by 13 House Republicans after pulling a fire alarm during a vote. In another instance, the FBI raided the office of Representative William J. Jefferson, a Democratic congressman from Louisiana, during an investigation into his business ventures in Africa, which was deemed a violation of the Speech or Debate Clause. Additionally, members of Congress have been accused of refusing to obey the law of the Constitution and call an Article V Convention when required, which has been interpreted as a criminal violation. These examples demonstrate that while congressmen are expected to uphold the law, there have been cases where this has not been the case, leading to various consequences.
| Characteristics | Values |
|---|---|
| Refusal to obey the law of the Constitution | Violation of federal income tax law and their oath of office |
| Refusal to issue a call for an Article V Convention | Alteration of the form of government by removing a method of amendment proposal |
| Violation of Speech or Debate Clause | Unconstitutionally raiding an office of a congressman |
| Abuse of office | Using office for personal gain |
| Criminal law violations | Treasonous acts, bribery, racketeering, money laundering, election fraud |
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What You'll Learn
Violating campaign finance laws
Campaign finance laws regulate the use of money in federal elections. These laws govern the sources, recipients, amounts, and frequency of contributions to political campaigns, as well as the purposes for which donated money may be used. They also require regular disclosures by candidates in the form of reports. Violating these laws can take many forms, and there is a long history of attempts to reform loopholes in campaign finance laws.
One example of a violation is when a congressman accepts donations from lobbyists, who often assist congressional campaigns by arranging fundraisers, assembling PACs, and seeking donations from other clients. Many lobbyists become campaign treasurers and fundraisers for congresspersons. For instance, in 2025, Bernie Sanders was reported to be the largest receiver of pharmaceutical money among candidates during the 2020 presidential campaign, receiving $1.5 million in pharmaceutical donations.
Another example of a violation is soliciting soft money contributions. Soft money refers to contributions made to parties and committees for party-building rather than for specific candidates. In 2002, Congress passed the Bipartisan Campaign Reform Act (also known as the McCain-Feingold Act) to address loopholes in federal campaign financing. This law prohibited national political parties, federal candidates, and officeholders from soliciting soft money contributions in federal elections. It also barred corporations and unions from using their funds to finance electioneering communications, defined as broadcast ads referring to federal candidates within a certain timeframe of an election.
Other violations can include exceeding contribution limits, accepting donations from prohibited sources (such as corporations or government employees), or failing to disclose campaign finances as required by law. The Federal Election Commission (FEC) is responsible for enforcing campaign finance laws and has conducted random audits of House representatives' campaign finances in the past.
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Refusing to cooperate with criminal investigations
Members of Congress refusing to cooperate with criminal investigations has become an increasingly common issue. In 2022, 63% of members did not cooperate with the Office of Congressional Ethics (OCE) investigations, an increase from the already high rate of 60% in 2021. This lack of cooperation makes it difficult for the OCE to conduct its reviews effectively and hinders their ability to determine whether there has been a violation of ethics laws or standards of conduct.
One example of a member of Congress refusing to cooperate with a criminal investigation is the case of Representative William J. Jefferson. In 2006, the FBI raided his office in the Rayburn House Office Building on Capitol Hill during an investigation into his business ventures in Africa. The raid sparked bipartisan objections, with congressional leaders arguing that it violated the Speech or Debate Clause, which grants members of Congress immunity from prosecution for legislative activities. The U.S. Court of Appeals for the District of Columbia Circuit ruled that the FBI's search was unconstitutional and ordered the return of privileged documents.
Another case involving a member of Congress and a criminal investigation is that of Congressman Murtha, who was sued by Wuterich for defamation and invasion of privacy. Murtha had referred to the Haditha killings as "cold-blooded murder and war crimes" in a press conference and television interview. While a U.S. District Judge ruled that Murtha must testify in the defamation case, commentators expressed concern that he was protected by the Speech or Debate Clause as a lawmaker. Murtha appealed, claiming immunity under the Westfall Act, which grants federal employees immunity from common-law tort claims arising from official duties.
In the case of Watkins v. United States, the Court emphasized that a witness who refuses to provide information to an investigation exposes themselves to criminal prosecution for contempt. However, the witness is entitled to be informed of the relation of the question to the investigation, as protected by the Due Process Clause.
To address the issue of members of Congress refusing to cooperate with criminal investigations, some have suggested that Congress should allow the OCE to make reports about non-cooperative lawmakers public immediately. Additionally, it has been proposed that the obstruction of Congress law should be amended to include penalties for individuals who do not cooperate with OCE investigations. These suggestions aim to increase transparency and accountability, ensuring that members of Congress cannot avoid scrutiny by hindering investigations.
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Corruption and personal gain
Congress members have been accused of corruption and personal gain throughout US history. In the 1800s, two members of the House, Oakes Ames and James Brooks, were censured for using their positions for personal gain in the railroad influence scheme. More recently, in 2006, an FBI raid on the office of Representative William J. Jefferson uncovered evidence of bribery, racketeering, and money laundering in connection with his African business ventures. Jefferson was later convicted and found guilty of these charges.
The House Committee on Ethics and the Office of Congressional Ethics investigate allegations of misconduct, corruption, and bribery. For example, in 2018, the Office of Congressional Ethics referred allegations that Congressman Garrett had used Congressional staff for personal errands to the House Committee on Ethics for investigation. In another instance, the House Ethics Committee investigated and cleared Congressman Grijalva of allegations of creating a hostile work environment and frequent drunkenness, with the matter being resolved through a severance payment.
Public perception of political corruption is high, with Americans believing that members of Congress are influenced by wealthy special interests and do not represent the people's views. This perception has led to a decline in public confidence and trust in political institutions, with calls for anti-corruption reforms. Super PACs, which can accept unlimited donations, have been criticised for their negative influence on congressional campaigns, enabling foreign and dark money sources to illegally influence election outcomes.
Congressional Republicans have been accused of passing legislation, such as the Tax Cuts and Jobs Act (TCJA), that benefits corporations and lobbyists who contribute to their campaigns, while ignoring issues faced by their constituents, such as higher drug costs and stagnant wages. Members of Congress have also been accused of misusing funds for personal gain, such as spending on holiday gatherings, tuition, and improper gifts. These actions contribute to the public's perception of corruption and self-serving behaviour among politicians.
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Abuses of office
Abuse of power or abuse of authority is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. Malfeasance in office is often a just cause for the removal of an elected official. For example, Governor Rod Blagojevich of Illinois was impeached and removed from office in 2009 for abuse of power and corruption. He was accused of several "pay-to-play" schemes, including attempting to obtain personal gain through the corrupt use of his authority to fill a vacant seat in the US Senate.
In the modern era, expulsion from the House of Representatives has been used on three occasions, each involving convictions or indictments for egregious violations of criminal law and/or flagrant abuses of office. For instance, in 1868, Tammany Hall Democrat Fernando Wood was censured for "unparliamentary language". In 2023, Schiff was censured by the House of Representatives for various statements and misstatements he made between 2017 and 2019 related to President Trump and his presidential campaign.
Other examples of abuses of office include Congressman Murtha's defamatory comments about the Haditha killings, which were ruled by a judge to be protected by the Speech or Debate Clause. In 2021, Rep. Lamborn was sued for a wide variety of abusive behaviours towards Congressional staff. In 2024, the House Committee on Ethics closed a matter involving Representative Huizenga, who was accused of bribery and corruption, without sanction.
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Violation of the Speech or Debate Clause
The Speech or Debate Clause is a clause in the United States Constitution (Article I, Section 6, Clause 1) that serves to secure the independence of the federal legislature. It states that "The Senators and Representatives" of Congress "shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, and in going to and from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place."
The purpose of the clause is to protect members of Congress from criminal prosecutions or civil suits that stem from acts taken within the legislative sphere. It also prevents a U.S. President or other officials of the executive branch from having members arrested on a pretext to prevent them from voting a certain way or otherwise taking actions with which the president might disagree.
The clause has been interpreted to mean that members of Congress are absolutely immune from liability for their legislative acts. This immunity extends to congressional aides, who are considered the "alter egos" of members of Congress.
In the case of Gravel v. United States (1972), the Supreme Court held that the Speech or Debate Clause did not protect the publication of the Pentagon Papers by a private press. The Court also refused to extend the privilege to Senator Gravel's testimony, but it did bar certain questions related to the case.
In United States v. Brewster (1972), the Court distinguished between “purely legislative activities,” which are protected by the Speech or Debate Clause, and merely political activities, which are not.
In 2006, the FBI raided the office of Representative William J. Jefferson, a Democratic congressman from Louisiana, on Capitol Hill. The raid took place during an investigation into Jefferson's business ventures in Africa. The raid prompted a bipartisan uproar, with many in Congress arguing that it violated the Speech or Debate Clause. The U.S. Court of Appeals for the District of Columbia Circuit later ruled that the FBI's search was unconstitutional and ordered the return of privileged documents.
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Frequently asked questions
If a congressman does not uphold the law, they can be investigated by the Committee on Standards of Official Conduct, which can result in expulsion from the House of Representatives. Expulsion is reserved for the most egregious conduct or crimes such as treasonous acts against the government.
Some examples of congressmen not upholding the law include the Abscam scandal, in which Representative Raymond F. Lederer accepted a $50,000 bribe, and the case of Senator Truman H. Newberry, who was convicted of violating campaign finance laws.
The legal consequences of a congressman not upholding the law can include criminal charges, fines, and removal from office. In some cases, a congressman may also be subject to civil lawsuits, such as in the case of Congressman William J. Jefferson, who was convicted of bribery, racketeering, and money laundering.
The ethical consequences of a congressman not upholding the law can include damage to their reputation and public trust in the government. It can also lead to calls for their resignation or recall and negatively impact the public's perception of the government's effectiveness and legitimacy.
