Censuring Representative Al Green of Texas

H Res 189

Pictured is Representative Dan Newhouse (R-WA-4), who introduced H Res 189

So, just to get this out of the way, Representative Al Green isn’t going to face any punishment after being censured. Historically, a censure used to carry a lot of weight. It was a sign that Congress was so angry at you that they might be willing to escalate things up to the seldom used ultimate punishment of expulsion. As such, a lot of members that were censured quickly chose to resign rather than face the embarrassment of their own co-workers kicking them out of a job. However, in the past 40 years, only one censured representative chose to not seek re-election.

But, ultimately, why should anyone care if nothing is going to happen to Rep Green? The short answer is that this House Resolution is fascist. The long answer is that we have to dive into the historic context of Congress’ punishment options to explain why.

Reprimand

We start with the “I’m not mad, I’m just disappointed” option. Twelve members of Congress have been successfully reprimanded. The first use of the reprimand came in 1976 when Democrat Representative Robert Sikes of Florida purchased 2500 shares in a bank after “urging state and Federal officials to establish [a branch]…in his district.” He didn’t report ownership of these stocks or another 1000 shares he had in a different company, which is a violation of House financial rules. He was reprimanded by a vote of 381-3 and went on to be re-elected for one more term before retiring after a 34-year career.

Other causes for reprimand have included Democrat Barney Frank using his office to get rid of 33 parking tickets for a friend, Republican Bob Dornan accusing President Bill Clinton of giving aid and comfort to the enemy during the Vietnam War, and Democrats Charles Wilson, John McFall, and Edward Royball for taking part in the Koreagate scandal in 1978.

All in all, nothing anyone will go to jail for, but undeniably actions unbecoming of elected officials.

Expulsion

Skipping ahead to the most serious of punishments, there’s the nuclear get-the-fuck-out option, expulsion. This has been incredibly rare, mainly because most members who faced it as a possibility resigned before a vote to kick them out could even occur. It takes a unique blend of confidence and lack of shame to end up the target of a Congressional expulsion. So, you know, someone like Representative George Santos.

Only six members have been booted out of the House. Half of those came from the first use of the expulsion in 1861 when Dem Reps John Clark, John Reid, and Henry Burnett went full traitor and supported the Confederacy.

Clearly, this is the option for all the big felonies.

Censured

Prior to 2023, most of the things that got 29 people successfully censured were decidedly egregious. Past examples include:

However, people have also been censured for insulting the Speaker of the House, using “unparliamentary language,” and one time for trying to sneak anti-slavery amendments into pending bills.

What makes a censure fascistic?

In theory, a reprimand, censure, or expulsion needs to be based on committing either a serious breech of decorum on the House floor or a full tilt crime. That is until 2023, when censures were passed for Democrat Reps Adam Schiff (for leading the House investigation into Trump’s collusion with Russia) and Rashida Tlaib (for her pro-Palestine/anti-genocide statements). Neither representative had committed a crime or broke decorum, but both were successfully censured for actions that the party in power found threatening and which fascism cannot abide.

The second issue is that we already have historical precedent on the proper punishment for heckling during the State of the Union. In 2009, after Barack Obama stated that the government would not grant federal insurance to undocumented immigrants, Republican Rep Joe Wilson shouted “you lie!” The House responded by not censuring Rep Wilson, but settled on a simple reprimand.

It would make sense that if insulting the Speaker of the House is enough for a censure, then surely interrupting the president would be as well. That said, one could argue that since no one’s been reprimanded for that since the 19th century, that it might be best to use a more recent event to judge the severity of norm breaking. But even more damning, since 2009 other members of Congress have heckled during a State of the Union and didn’t face even a reprimand.

Admittedly, an argument could be made that interrupting the State of the Union is something that could reach the severity of a censure, but recent precedent depicts a Congress that wouldn’t agree. Unless, of course, a political enemy was the person breaking decorum and the party in power had already begun censuring their opponents for nontraditional & retaliatory reasons. Which makes sense. It’s one of the simplest tenets of fascism: enemies are severely punished, fascists are protected.

Which Dems Voted for Censure?

The house resolution to censure Al Green passed 224-198-2 with the support of 10 Democrats: