'The Constitutional Framework for Congress's Ability to Uphold Standards of Member Conduct,' Hearing Before the House of Representatives Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights, and Civil Liberties, 117th Cong. (March 11, 2021)

Abstract

This written testimony was submitted to accompany my appearance before the House Judiciary Committee, Subcommittee on the Constitution, Civil Rights, and Civil Liberties, concerning the congressional chambers' power to discipline their own members. The testimony lays out the constitutional bases for the houses' disciplinary powers and discusses the history of their use, from the sixteenth century English Parliament to the present day. It notes the various tools of discipline--expulsion, censure, and fine--and discusses the uses and limitations of each. It concludes by suggesting that the houses make more vigorous use of their disciplinary powers.