Why is Senator Russ Feingold talking about censuring President Bush, when Congress has no such authority?

Question

http://www.ibdeditorials.com/IBDArticles.aspx?id=270082970624234

Answer 1

Heck somebody should do something with Bush!

Answer 2

Although ill-defined, censure is a process of Congressional reprimand--the political equivalent of a strongly-worded letter. In 1834, a Whig Senate "censured" Democratic President Andrew Jackson in retaliation for his withholding documents. Three years later, a Democratic Senate "expunged" the censure from the record. However, that act of censure had no basis in either the Constitution or the Rules of the House and Senate. This remains true today. Ordinarily, Congressional disapproval of the President is relayed either through its legislative power including the veto override power or through impeachment.

Presumably, censure of the President would take the form of a resolution adopted by both the House and Senate and then publicly announced. Legally, the resolution would have no effect. Censure derives from the formal condemnation by either the House or the Senate in rebuke of a Member of their own body. After a majority vote, the Member is publicly denounced, but still retains the position of Representative or Senator. However, the House removes the offending Member from any leadership positions in committees or sub-committees.

The Committee on Federal Legislation concludes that Congress may, indeed, constitutionally respond to alleged Presidential misconduct by means other than the impeachment process. Either House of Congress, or both, may pass a resolution condemning or disapproving presidential conduct. The Committee believes Congress may censure Presidential misconduct irrespective of whether such conduct would, in fact, merit impeachment. Such censure, by itself, of course carries only the moral weight of expressed congressional condemnation, however heavy that weight may be.

Censure is most commonly a tool of either the House or Senate for disciplining their own members. A presidential censure has been used or considered by both houses in a number of cases, mostly in the 19th century.

1800 – President John Adams
Censure debated in the House over a communication from the President to a judge described as a “dangerous interference of the Executive with Judicial decisions.”

1834 – President Andrew Jackson
Censure approved by the Senate and protested by the President. The Senate adopted a resolution stating that conduct involving the Secretary of the Treasury and the turn over of certain documents was “in derogation” of the Constitution or the laws of the nation.

1842 – President John Tyler
Condemned by the House for his veto of a tarrif bill and the tone of his veto message.

1848 – President James K. Polk
Both houses of Congress censured Polk for “starting an unnecessary and unconstitutional war while passing a joint resolution thanking Maj. Gen. Zachary Taylor for his victory in the Mexican-American war.”


1862 – President James Buchannon

Condemnation and censure debated and tabled in the Senate for alleged failures while President to take the necessary action to prevent the secession from the Union of several southern states.


1974 – President Richard Nixon
A censure resolution in the House claiming presidential negligence and maladministration died on the floor.


1998 – President William J. Clinton
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Sen. Feingold wants there to be some sort of historical record that shows that someone objected to the wrongs of this administration and that some responsible party was willing to do something about it, even if it's just a censure.

Answer 3

Congress absolutely has such authority.

It's called non-binding resolution.

It's a public statement, approved by a majority of Congress, that Congress is asserting a particular belief.

Where do you get the idea that Congress does not have the authority to issue non-binding resolution?

Answer 4

It's a game of BS politics. Does Congress really think that their approval ratings are so low because the American people want the President censured or impeached? Maybe Cindy Sheehan has a direct line to ole Russ.

Answer 5

Why doesn't Congress get the message? They should be concentrating on matters that are important to the American people. There is so much stuff out there and this idiot concentrates on censuring the president...which will never happen. How can anyone vote for a Democratic candidate when nearly all of them are idiots? Incidentally, the Republicans are also idiots.

Answer 6

Because Sen. Russ Feingold is not a fan of President Bush.

Answer 7

Do you actually have any idea what "censure" means??

It's a formal condemnation.

It has no effect on anything.

Congress can certainly censure bush, they just have to say "We formally condemn you" and he's censured.

No constitutional authority required.

Answer 8

Hell particular I do!!!!!!!!!!!!! I stay in WI and he's the only voice of reason in this rather racist backward state. it is coming from somebody who spent her first 31 years of life in California, the final 15 years in WI.

Answer 9

i dont think he meant it literally.
im sure he knows what powers
the senate and congress have.

Answer 10

Sorry--whether you agree with Feingold or not, the editorial is wrong. Congress can censure anyone they please.