Congress And Crime: What Happens When Laws Are Broken?

The U.S. Constitution sets out the rules for how Congress can operate, and what it may or may not do. If a member of Congress breaks the law, there is no process to impeach and remove them, but they can be expelled by a vote of two-thirds of their house.

In the case of a President breaking the law, they can be impeached and replaced.

Congress members can be expelled by a two-thirds vote

> Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

The expulsion process has been used sparingly throughout US history, with only 20 members of Congress being expelled to date. The first expulsion occurred in 1797, when Senator William Blount of Tennessee was expelled for conspiring with the British to violate US neutrality with Spain. The most recent expulsion occurred in 2002, when Representative James Traficant of Ohio was expelled after being convicted of bribery, racketeering, and tax evasion.

In addition to expulsion, Congress also has the power to censure, reprimand, or deny privileges to its members as a form of disciplinary action. Censure and reprimand are formal statements of disapproval issued by a chamber of Congress. Denial of privileges can include removal from committee assignments, stripping of leadership positions, or loss of seniority. These actions can be taken by a simple majority vote of the respective chamber.

It is important to note that expulsion and other disciplinary actions are separate from the criminal justice process. If a member of Congress breaks the law, they can also face criminal charges and prosecution like any other citizen. The Speech and Debate Clause of the Constitution provides some protection for members of Congress, shielding them from liability for statements made and actions taken in their official capacity. However, this protection is not absolute, and members of Congress can still be prosecuted for criminal conduct.

Congress can be held in contempt by the Supreme Court

The Supreme Court can hold Congress in contempt, but only in certain circumstances.

The Supreme Court has the power to hold Congress in contempt if Congress interferes with its duties. In the 1917 case Marshall v. Gordon, the Supreme Court stated:

> [I]n virtue of the grant of legislative authority, there would be a power implied to deal with contempt insofar as that authority was necessary to preserve and carry out the legislative authority given.

In other words, the Supreme Court can hold Congress in contempt if Congress is preventing the Supreme Court from carrying out its duties.

However, the Supreme Court cannot hold Congress in contempt for failing to pass a law or take some action. The Constitution sets out rules for how Congress can operate, but there is no process to impeach and remove Congress. If Congress fails to act, the only recourse is for voters to elect new representatives.

Congress also has the power to hold individuals in contempt for interfering with its duties. This is known as contempt of Congress. Contempt of Congress is a misdemeanor and can result in a fine and/or imprisonment.

Congress members can be impeached

In the House of Representatives, impeachment proceedings typically begin with an investigation by the House Judiciary Committee. The committee will gather evidence, hold hearings, and ultimately vote on whether to recommend articles of impeachment to the full House. If a majority of the committee members support impeachment, the articles of impeachment are sent to the full House for a vote. A simple majority vote in the House is required to impeach a member of Congress.

In the Senate, impeachment proceedings are handled by the Senate Impeachment Trial Committee. This committee will review the evidence, hear arguments from both sides, and ultimately vote on whether to convict the impeached member of Congress. A two-thirds majority vote in the Senate is required to convict and remove a member of Congress from office.

It is important to note that impeachment is a political process, and the decision to impeach or not impeach a member of Congress may be influenced by partisan considerations. Additionally, the punishment for an impeached member of Congress is not limited to removal from office, as they may also face criminal charges and penalties if their actions violated the law.

Congress members can be prosecuted for crimes

If a member of Congress breaks the law, they can be prosecuted and punished accordingly. However, the process of removing a member of Congress is not as straightforward as that of removing the President. While the President can be impeached and replaced, there is no such process for Congress.

Congress members can be prosecuted and punished for their crimes, but the process is complex and often involves political considerations. For example, in the case of criminal charges, the Justice Department must first obtain permission from Congress before prosecuting a sitting member. This permission is usually granted, but it adds an extra layer of complexity to the process.

Additionally, the Speech and Debate Clause of the Constitution protects members of Congress from being prosecuted for things they say on the floor of either chamber. This clause ensures that members of Congress can speak freely and debate without fear of legal repercussions.

In summary, while Congress members can be prosecuted for crimes, the process is often complicated by political and procedural considerations.

Congress members can be sued

Congressional immunity does not protect members from civil suits or criminal actions based on the performance of legislative duties. The Speech or Debate Clause in the US Constitution is not designed to protect members of Congress from accountability for their actions.

The US Constitution states that "Senators and Representatives...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 returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place."

This means that Congress members can be arrested and tried for any crime, except for treason, felony, and breach of the peace. They cannot be arrested during a session of Congress or when travelling to and from Congress. They also cannot be questioned outside of Congress for anything they say during a session.

However, they can be sued and arrested for any actions that fall outside of their legislative duties. For example, if a Congress member assaults someone, they can be arrested and sued because assault is not a part of their legislative duties.

Additionally, Congress members can be sued and prosecuted for any actions that are ruled to be unconstitutional. The US Constitution outlines the powers and duties of Congress, and any actions taken by Congress members that violate the Constitution can result in legal consequences.

It is important to note that the process of suing or prosecuting a Congress member can be complex and may involve political considerations. The Speech or Debate Clause provides some level of protection for Congress members, and the courts may need to determine if the member's actions fall within the scope of legislative duties.

In conclusion, while Congress members do enjoy certain privileges and immunities, they can still be sued and prosecuted for actions that fall outside of their legislative duties or violate the US Constitution. The specific details of each case will determine the outcome, and it is crucial to seek legal advice for any specific situations.

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