Eleanor Finch
The United States Constitution does not authorize the recall of US officers, including Senators, Representatives, the President, or Vice President. However, it does allow for the removal of Members of Congress before the normal expiration of their term through expulsion. This expulsion can occur through a formal vote with two-thirds support in the Senate or House of Representatives, depending on whether the member is a Senator or Representative, respectively. The Constitution does not specify grounds for expulsion, but it is generally related to disloyalty or the conviction of a criminal statutory offense involving the abuse of one's official position.
| Characteristics | Values |
|---|---|
| Removal of Congress by recall | Not authorized by the Constitution |
| Removal of Congress by expulsion | Authorized by the Constitution, requires a two-thirds majority vote |
| Removal of executive officers | Authorized by the President |
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What You'll Learn
- The US Constitution does not authorise the recall of US officers
- Congress can be removed by expulsion from the Senate or House of Representatives
- Congress cannot involve itself in the removal of executive officers
- The President can remove officers with executive functions at will
- Congress can limit the power of removal for inferior officers
The US Constitution does not authorise the recall of US officers
The United States Constitution does not authorise the recall of US officers. While the Constitution establishes the qualifications for congressional office, sets the terms for Members of the House and Senators, and delegates to each house of Congress the authority to judge and discipline its Members, it does not provide for the recall of these officials.
The power to remove a Member of Congress before the end of their term is expressly delegated to the respective House of Congress, and the Constitution does not reserve any authority to the states in this regard. This means that Members of Congress are federal officials who are not subject to state laws on the recall of state public officials. The absence of a recall provision in the Constitution was intentional, as indicated by the drafting and ratifying debates, which show that the framers and ratifiers understood that there was no right or power to recall Senators or Representatives.
The Constitution does, however, allow for the removal of executive officers by the President. The President has the power of appointment and removal of executive officers, and this power is inherent in the executive power granted by Article II. The Court has affirmed this power, stating that Congress cannot involve itself in the removal of executive officers. However, the Court has also distinguished between "purely" executive officers and those who exercise quasi-legislative and quasi-judicial powers, suggesting that some officials may be protected from presidential removal through "good cause" removal limits.
While the Constitution does not provide for the recall of US officers, it does allow for expulsion from Congress under certain circumstances. Article I, Section 5, Clause 2 of the Constitution states that a Member of Congress may be expelled upon a formal vote on a resolution agreed to by two-thirds of the Members present and voting. Expulsion actions have typically been related to cases of perceived disloyalty to the United States or the conviction of a criminal offence involving abuse of one's official position. In the history of the United States Congress, 21 members have been expelled, with many more resigning in the face of expulsion.
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Congress can be removed by expulsion from the Senate or House of Representatives
The United States Constitution does not provide for or authorize the recall of US officers such as Senators, Representatives, the President, or the Vice President. No Member of Congress has ever been recalled in US history. While the recall of Members was considered during the drafting of the Constitution in 1787, no such provisions were included in the final version.
However, the Constitution does allow for the removal of Members of Congress before the normal expiration of their term through expulsion from the Senate or House of Representatives. This is outlined in Article I, Section 5, Clause 2 of the Constitution, which states that a Member of Congress may be removed from office by an "expulsion" from the Senate (if a Senator) or from the House of Representatives (if a Representative) upon a formal vote on a resolution agreed to by two-thirds of the Members present and voting.
Each house has broad authority over the grounds, nature, timing, and procedure for an expulsion. However, expulsions have typically been reserved for cases of perceived disloyalty to the United States or the conviction of a criminal statutory offense involving the abuse of one's official position. In the entire history of the United States Congress, only 21 members have been expelled: 15 from the Senate and six from the House of Representatives. Of these, 17 were expelled for supporting the Confederate States in 1861 and 1862.
While expulsion is a formal process, censure has been a more common form of disciplinary action in Congress, as it requires a lower threshold of votes to impose. In some instances, members under serious threat of expulsion have resigned, avoiding a formal expulsion.
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Congress cannot involve itself in the removal of executive officers
The United States Constitution does not provide for nor authorize the recall of United States officers such as Senators, Representatives, the President, or Vice President. Thus, no Member of Congress has ever been recalled in the history of the United States. The Constitution grants each house of Congress the authority to judge the elections and qualifications of, and to discipline and to remove its own Members.
The Constitution does not empower Congress to involve itself in the removal of executive officers. The Myers case affirmed that the President must be able to remove at will officers performing "purely" executive functions. Justice Sutherland, speaking for the unanimous Court, said:
> "A postmaster is an executive officer restricted to the performance of executive functions. He is charged with no duty at all related to either the legislative or judicial power. The actual decision in the Myers case finds support in the theory that such an office is merely one of the units in the executive department and, hence, inherently subject to the exclusive and illimitable power of removal by the Chief Executive, whose subordinate and aide he is."
However, the Court in Humphrey's Executor distinguished between "purely" executive officers and officers who exercise "quasi-legislative" and "quasi-judicial" powers, marking the line between officials who may be presidentially removed at will and those protected by some form of good cause removal limits.
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The President can remove officers with executive functions at will
The U.S. Constitution does not provide for or authorize the recall of U.S. officers, including Senators, Representatives, the President, and Vice President. However, a Member of Congress may be removed from office before the normal expiration of their term through expulsion from the Senate or House of Representatives, respectively, upon a formal vote with a two-thirds majority.
Article II of the Constitution grants the President the executive power of the government, including the general administrative control of those executing the laws and the power of appointment and removal of executive officers. This power of removal has been historically asserted and exercised by Presidents, with a famous debate in 1789 resulting in Congress endorsing the view that the President has the power to remove executive officers at will.
The Myers case further supports this proposition, stating that a postmaster, as an executive officer, is inherently subject to the exclusive and illimitable power of removal by the Chief Executive. However, the Humphrey's Executor case introduced a qualification, upholding "for cause" removal restrictions for members of independent regulatory agencies who exercise quasi-legislative and quasi-judicial functions in addition to executive functions.
The Supreme Court has recently reexamined this issue and endorsed the view that the Constitution grants the President the power to remove. The Court also expressed skepticism about congressional authority to limit removal, although it sanctioned for-cause protections with certain conditions.
In conclusion, the President does possess the power to remove officers with executive functions at will, as established by historical precedent, constitutional interpretation, and judicial rulings. However, this power is not absolute and may be constrained by Congress in certain circumstances, particularly for officers with quasi-legislative and quasi-judicial functions.
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Congress can limit the power of removal for inferior officers
The United States Constitution establishes the qualifications for congressional office, sets the terms for Members of the House and Senators, and expressly delegates to each house of Congress the authority to discipline and remove its Members. The Constitution does not provide for the recall of United States officials, and the power to remove a Member of Congress before the expiration of their term is delegated to the respective House of Congress.
Article I, Section 5, Clause 2 of the Constitution states that a Member of Congress may be removed from office before the normal expiration of their term by an "expulsion" from the Senate (for Senators) or the House of Representatives (for Representatives) upon a formal vote agreed to by two-thirds of the Members. While there are no specific grounds for expulsion in the Constitution, it typically involves cases of perceived disloyalty to the United States or the conviction of a criminal statutory offence with abuse of one's official position.
In the case of inferior officers, Congress may "limit and restrict the power of removal as it deems best for the public interest". Congress has the authority to vest the appointment of inferior officers in the President, Courts of Law, or Heads of Departments. However, when Congress vests this power in department heads, it is usually the department head who holds the power of removal rather than the President.
The Myers case established that Congress cannot involve itself in the removal of executive officers. However, it distinguished between "purely" executive officers and those with "quasi-legislative" and "quasi-judicial" powers, indicating that some officials may be protected through "good cause" removal limits.
In summary, while the Constitution does not provide for the recall of Members of Congress, it grants Congress the authority to remove its Members and limit the power of removal for inferior officers, while the President generally holds the power of removal for executive officers.
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Frequently asked questions
Yes, under Article I, Section 5, Clause 2, of the US Constitution, a Member of Congress may be removed from office before the normal expiration of his or her constitutional term by a formal vote on a resolution agreed to by two-thirds of the Members of that body present and voting.
Yes, 21 members have been expelled: 15 from the Senate and six from the House of Representatives. Of these 21 members, 17 were expelled for supporting the Confederate States in 1861 and 1862.
While there are no specific grounds for an expulsion expressed in the Constitution, expulsion actions in both the House and the Senate have generally concerned cases of perceived disloyalty to the United States, or the conviction of a criminal statutory offence which involved abuse of one’s official position.
No, the US Constitution does not provide for nor authorize the recall of United States officers such as Senators, Representatives, or the President or Vice President.
