Censure
Encyclopedia
A censure is an expression of strong disapproval or harsh criticism. Among the forms that it can take are a stern rebuke by a legislature, a spiritual penalty imposed by a church, and a negative judgment pronounced on a theological proposition.
or the Senate rebuking 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 18 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 no confidence
, and a prime minister can continue in office even if censured.
Louis Riel
faced Parliamentary censure for his role in the Red River Rebellion
, and was expelled from Parliament April 16, 1874.
, 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.
notes, "It is a reprimand, aimed at reformation of the person and prevention of further offending acts." While there are many possible grounds for censuring members of an organization, such as embezzlement, absenteeism, drunkenness, and so on, DEM notes that the grounds for censuring a presiding officer are more limited:
More serious disciplinary procedures
may involve fine, suspension, or expulsion. In some cases, the assembly may declare the chair vacant
and elect a new chair; or a motion can be made to rescind the election of an officer.
For examples specific to the United States, see Censure in the United States
.
After a motion to censure is passed, the chair (or the vice-president, if the presiding officer is being censured) addresses the censured member by name. He may say something to the effect of, "Brother F, you have been censured by vote of the assembly. A censure indicates the assembly's resentment of your conduct at meetings. A censure is a warning. It is the warning voice of suspension or expulsion. Please take due notice thereof and govern yourself accordingly." Or, if the chair is being censured, the vice-president may say, "Mr. X, you have been censured by the assembly for the reasons contained in the resolution. I now return to you the presidency."
is the only sitting President to be successfully censured, although his censure was subsequently expunged from official records.
On December 2, 1954, Republican
Senator Joseph McCarthy
from Wisconsin
was censured by the United States Senate for failing to cooperate with the subcommittee that was investigating him, and for insults to the committee that was trying to censure him.
On June 10, 1980, Democratic
Representative Charles H. Wilson
from 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 Korea
ns 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 the National Intelligence Service
) funneling bribes and favors through Korean businessman Tongsun Park in an attempt to gain favor and influence. Some 115 members of Congress were implicated.
On July 20, 1983, Representatives Dan Crane
, a Republican
from Illinois, and Gerry Studds
, a Democrat
from Massachusetts, were censured by the House of Representatives for their involvement in the 1983 Congressional page sex scandal.
On July 12, 1999, the U.S. House of Representatives censured (in a 355-to-0 vote) a scientific publication titled "A Meta-analytic Examination of Assumed Properties of Child Sexual Abuse Using College Samples," by Bruce Rind, Philip Tromovich, and Robert Bauserman; (see Rind et al. controversy) which was published in the American Psychological Association's "Psychological Bulletin (July 1998).
On July 31, 2007, retired Army General Philip Kensinger was censured by The United States Army
. The censure came after misleading investigators of the Pat Tillman
death in 2004.
On July 6, 2009, Republican South Carolina Governor Mark Sanford
was censured by the state GOP
executive committee for traveling overseas on tax payer funds to visit his mistress.
On October 13, 2009, Mayor of Sheboygan, WI Bob Ryan was censured due to a YouTube video that showed him making sexually vulgar comments about his sister-in-law taken at a bar on a cell phone. The censure was voted 15-0 by the Sheboygan Common Council.
On December 2, 2010, Democratic Rep. Charlie Rangel from the state of New York
was censured after an ethics panel found he violated House rules, specifically failing to pay taxes on a villa in the Dominican Republic
, improperly soliciting charitable donations, and running a campaign office out of a rent-stabilized apartment meant for residential use.
, a censure is a medicinal penalty imposed primarily for the purpose of breaking contumacy and reintegrating the offender in the community.
The ecclesiastical censures are excommunication
and interdict
, which can be imposed on any member of the Church, and suspension, which only affects clerics.
That they are directed at teachings distinguishes them from canonical censures, which are spiritual punishments imposed on people.
Specific theological censures are divided into three groups according as they bear principally upon (1) the import, or (2) the expression, or (3) the consequences, of condemned propositions.
Politics
In politics, a censure is an alternative to more serious measures against misconduct or dereliction of duty.Canada
Censure is an action by the House of CommonsCanadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
or the Senate rebuking 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 18 of the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
. A motion of censure can be introduced by any Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
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 no confidence
Motion of no confidence
A motion of no confidence is a parliamentary motion whose passing would demonstrate to the head of state that the elected parliament no longer has confidence in the appointed government.-Overview:Typically, when a parliament passes a vote of no...
, and a prime minister can continue in office even if censured.
Louis Riel
Louis Riel
Louis David Riel was a Canadian politician, a founder of the province of Manitoba, and a political and spiritual leader of the Métis people of the Canadian prairies. He led two resistance movements against the Canadian government and its first post-Confederation Prime Minister, Sir John A....
faced Parliamentary censure for his role in the Red River Rebellion
Red River Rebellion
The Red River Rebellion or Red River Resistance was the sequence of events related to the 1869 establishment of a provisional government by the Métis leader Louis Riel and his followers at the Red River Settlement, in what is now the Canadian province of Manitoba.The Rebellion was the first crisis...
, and was expelled from Parliament April 16, 1874.
United States
Censure is the public reprimanding of a public official 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 impeachmentImpeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
, censure has no basis in the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
or in the rules of the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
and House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
. It derives from the formal condemnation of either congressional body of their own members.
Explanation and use
The motion to censure is an exception to the general rule that "a motion must not use language that reflects on a member's conduct or character, or is discourteous, unnecessarily harsh, or not allowed in debate." Demeter's ManualDemeter's Manual of Parliamentary Law and Procedure
thumb|right|125px| Demeter's ManualDemeter's Manual of Parliamentary Law and Procedure, by George Demeter, is a parliamentary authority manual. It is included in the bank of study materials used in preparing for the Certified Parliamentarian designation offered by the American Institute of...
notes, "It is a reprimand, aimed at reformation of the person and prevention of further offending acts." While there are many possible grounds for censuring members of an organization, such as embezzlement, absenteeism, drunkenness, and so on, DEM notes that the grounds for censuring a presiding officer are more limited:
More serious disciplinary procedures
Disciplinary procedures
Disciplinary procedures, in parliamentary procedure, are used to enforce a deliberative assembly's rules. RONR notes, "Punishments that a society can impose generally fall under the headings of reprimand, fine , suspension, or expulsion." If an offense occurs in a meeting, the assembly, having...
may involve fine, suspension, or expulsion. In some cases, the assembly may declare the chair vacant
Declare the chair vacant
The motion to declare the chair vacant is a Disciplinary procedures used as a remedy to misconduct or dereliction of duty by the chair of a deliberative assembly, when the rules allow it...
and elect a new chair; or a motion can be made to rescind the election of an officer.
For examples specific to the United States, see Censure in the United States
Censure in the United States
In the United States, a motion of censure is a congressional procedure for reprimanding the President of the United States, a member of Congress, or a judge. Unlike impeachment, in the United States censure has no explicit basis in the federal constitution. It derives from the formal condemnation...
.
Procedure
If the motion is made to censure the presiding officer, then he must relinquish the chair to the vice-president until the motion is disposed of; but during this time, the vice-president is still referred to as "Mr. Vice President" in debate, since a censure is merely a warning and not a proceeding that removes the president from the chair. An officer being censured is not referred to by name in the motion, but simply as "the president," "the treasurer," etc.After a motion to censure is passed, the chair (or the vice-president, if the presiding officer is being censured) addresses the censured member by name. He may say something to the effect of, "Brother F, you have been censured by vote of the assembly. A censure indicates the assembly's resentment of your conduct at meetings. A censure is a warning. It is the warning voice of suspension or expulsion. Please take due notice thereof and govern yourself accordingly." Or, if the chair is being censured, the vice-president may say, "Mr. X, you have been censured by the assembly for the reasons contained in the resolution. I now return to you the presidency."
Chronology
To date, Andrew JacksonAndrew Jackson
Andrew Jackson was the seventh President of the United States . Based in frontier Tennessee, Jackson was a politician and army general who defeated the Creek Indians at the Battle of Horseshoe Bend , and the British at the Battle of New Orleans...
is the only sitting President to be successfully censured, although his censure was subsequently expunged from official records.
On December 2, 1954, Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
Senator Joseph McCarthy
Joseph McCarthy
Joseph Raymond "Joe" McCarthy was an American politician who served as a Republican U.S. Senator from the state of Wisconsin from 1947 until his death in 1957...
from Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
was censured by the United States Senate for failing to cooperate with the subcommittee that was investigating him, and for insults to the committee that was trying to censure him.
On June 10, 1980, Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
Representative Charles H. Wilson
Charles H. Wilson
Charles Herbert Wilson was a California Democratic politician from the Los Angeles area. He served as a member of the U.S. House of Representatives from 1963 to 1981.-Early life:...
from California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
was censured by the House of Representatives for "financial misconduct," as a result of the "Koreagate
Koreagate
"Koreagate" was an American political scandal in 1976 involving South Korean political figures seeking influence from 10 Democratic members of Congress. An immediate goal of the scandal seems to have been reversing President Richard Nixon's decision to withdraw troops from South Korea...
" scandal of 1976. "Koreagate" was an American political scandal involving South Korea
South Korea
The Republic of Korea , , is a sovereign state in East Asia, located on the southern portion of the Korean Peninsula. It is neighbored by the People's Republic of China to the west, Japan to the east, North Korea to the north, and the East China Sea and Republic of China to the south...
ns seeking influence with members of Congress. An immediate goal seems to have been reversing President Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
's decision to withdraw troops from South Korea. It involved the KCIA (now the National Intelligence Service
National Intelligence Service (South Korea)
The National Intelligence Service is the chief intelligence agency of South Korea. The agency was officially established in 1961 as the Korea Central Intelligence Agency , during the rule of President Park Chung-hee's military Supreme Council for National Reconstruction, which displaced the...
) funneling bribes and favors through Korean businessman Tongsun Park in an attempt to gain favor and influence. Some 115 members of Congress were implicated.
On July 20, 1983, Representatives Dan Crane
Dan Crane
Daniel Bever Crane is a dentist and a former member of the U.S. House of Representatives. He served as a Republican congressman from 1979 to 1985. In 1983, he was censured by the House....
, a Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
from Illinois, and Gerry Studds
Gerry Studds
Gerry Eastman Studds was an American Democratic Congressman from Massachusetts who served from 1973 until 1997. He was the first openly gay member of Congress in the U.S. In 1983 he was censured by the House of Representatives after he admitted to having had an affair with a 17-year-old page in...
, a Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
from Massachusetts, were censured by the House of Representatives for their involvement in the 1983 Congressional page sex scandal.
On July 12, 1999, the U.S. House of Representatives censured (in a 355-to-0 vote) a scientific publication titled "A Meta-analytic Examination of Assumed Properties of Child Sexual Abuse Using College Samples," by Bruce Rind, Philip Tromovich, and Robert Bauserman; (see Rind et al. controversy) which was published in the American Psychological Association's "Psychological Bulletin (July 1998).
On July 31, 2007, retired Army General Philip Kensinger was censured by The United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
. The censure came after misleading investigators of the Pat Tillman
Pat Tillman
Corporal Patrick Daniel "Pat" Tillman Jr. was an American football player who left his professional career and enlisted in the United States Army in June 2002 in the aftermath of the September 11, 2001, attacks. He joined the Army Rangers and served several tours in combat before he died in the...
death in 2004.
On July 6, 2009, Republican South Carolina Governor Mark Sanford
Mark Sanford
Marshall Clement "Mark" Sanford Jr. is an American politician from South Carolina, who was the 115th Governor of South Carolina from 2003 to 2011....
was censured by the state GOP
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
executive committee for traveling overseas on tax payer funds to visit his mistress.
On October 13, 2009, Mayor of Sheboygan, WI Bob Ryan was censured due to a YouTube video that showed him making sexually vulgar comments about his sister-in-law taken at a bar on a cell phone. The censure was voted 15-0 by the Sheboygan Common Council.
On December 2, 2010, Democratic Rep. Charlie Rangel from the state of New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
was censured after an ethics panel found he violated House rules, specifically failing to pay taxes on a villa in the Dominican Republic
Dominican Republic
The Dominican Republic is a nation on the island of La Hispaniola, part of the Greater Antilles archipelago in the Caribbean region. The western third of the island is occupied by the nation of Haiti, making Hispaniola one of two Caribbean islands that are shared by two countries...
, improperly soliciting charitable donations, and running a campaign office out of a rent-stabilized apartment meant for residential use.
Canon law
In canon lawCanon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
, a censure is a medicinal penalty imposed primarily for the purpose of breaking contumacy and reintegrating the offender in the community.
The ecclesiastical censures are excommunication
Excommunication
Excommunication is a religious censure used to deprive, suspend or limit membership in a religious community. The word means putting [someone] out of communion. In some religions, excommunication includes spiritual condemnation of the member or group...
and interdict
Interdict
The term Interdict may refer to:* Court order enforcing or prohibiting a certain action* Injunction, such as a restraining order...
, which can be imposed on any member of the Church, and suspension, which only affects clerics.
Theological censure
A theological censure is a doctrinal judgment by which a Church stigmatizes certain teachings detrimental to faith or morals.That they are directed at teachings distinguishes them from canonical censures, which are spiritual punishments imposed on people.
Specific theological censures are divided into three groups according as they bear principally upon (1) the import, or (2) the expression, or (3) the consequences, of condemned propositions.
- A proposition is branded heretical when it goes directly and immediately against a revealed or defined dogma, or dogma de fide; erroneous when it contradicts only a certain (certa) theological conclusion or truth clearly deduced from two premises, one an article of faith, the other naturally certain.
- A proposition is ambiguous when it is worded so as to present two or more senses, one of which is objectionable; captious when acceptable words are made to express objectionable thoughts; evil-sounding when improper words are used to express otherwise acceptable truths; offensive when verbal expression is such as rightly to shock the Catholic sense and delicacy of faith.
- In the third category fall Subsannativa religionis (derisive of religion), decolorativa canodris ecclesiæ (defacing the beauty of the Church), subversiva hierarchiæ (subversive of the hierarchy), eversiva regnorum (destructive of governments), scandelosa, perniciosa, periculosa in moribus (scandalousScandal (theology)In an idiomatic usage in the Hebrew Bible and the New Testament, a stumbling block is a behavior or attitude that leads another to sin.-Etymology:...
, pernicious, dangerous to morals), blasphema, idolatra, superstisiosa, magica (blasphemous, leading to idolatry, superstition, sorcery), arrogans, acerba (arrogant, harsh), etc. This enumeration, though incomplete, sufficiently draws the aim of the third group of censures; they are directed against such propositions as would imperil religion in general, the Church's sanctity, unity of government and hierarchy, civil society, morals in general, or the virtue of religion, Christian meekness, and humilityHumilityHumility is the quality of being modest, and respectful. Humility, in various interpretations, is widely seen as a virtue in many religious and philosophical traditions, being connected with notions of transcendent unity with the universe or the divine, and of egolessness.-Term:The term "humility"...
in particular.