There is only one way to force a sitting member of Congress out of office against their will: a two-thirds vote of their own chamber to expel them. Beyond that, a member can be disqualified under Section 3 of the 14th Amendment for engaging in insurrection, or can resign voluntarily. So the practical answer to how to remove a congressman from office is narrower than most people assume, and two mechanisms voters commonly reach for, impeachment and recall elections, do not apply to members of Congress at all.
Expulsion by a Two-Thirds Vote
Article I, Section 5 of the Constitution gives each chamber the authority to “punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.”1Constitution Annotated. Article I, Section 5 – Proceedings The two-thirds threshold is deliberately high. A simple majority can pass legislation, but removing a duly elected representative takes a supermajority, which limits expulsion to cases where misconduct is severe enough to draw votes across party lines.
The process usually begins in the chamber’s ethics body. The House Committee on Ethics is authorized to investigate alleged violations of law or the Code of Official Conduct, issue subpoenas, hold hearings, and report findings and recommendations to the full House.2U.S. Government Publishing Office. House Practice – A Guide to the Rules, Precedents and Procedures of the House The Senate Select Committee on Ethics plays a parallel role. Recommendations can range from a letter of admonition up through a full expulsion resolution. If expulsion is recommended, a resolution goes to the floor for debate and a recorded vote.
The Constitution does not define “disorderly Behaviour,” which leaves each chamber wide discretion. In practice, the power has been used sparingly. Across the entire history of Congress, only 20 members have been expelled: 15 from the Senate and 5 from the House. Eighteen of those 20 expulsions were for disloyalty during the Civil War.3Congress.gov. Expulsion of Members of Congress – Legal Authority and Historical Practice The most recent was Representative George Santos on December 1, 2023, expelled by a 311-to-114 vote after federal indictment on 23 counts including wire fraud, money laundering, and stealing public funds.4Office of the Clerk, U.S. House of Representatives. Vote Details – Roll Call 691 Before Santos, the only non-Civil War expulsions in either chamber were two members convicted on corruption charges.
What a Criminal Conviction Actually Does
A criminal conviction does not automatically remove a member from Congress. No law strips a convicted felon of their seat. But a conviction triggers practical consequences that can make holding it difficult.
Under the House Code of Official Conduct, a member convicted of a crime carrying a potential sentence of two or more years should refrain from voting on the House floor and from participating in committee business. The restriction stays in place unless the conviction is overturned, the member is cleared through other proceedings, or the member wins reelection after the conviction date. Even before a conviction, a member indicted on felony charges is expected to resign from all committee and subcommittee assignments and step aside from party leadership positions.5House Committee on Ethics. Code of Official Conduct
The word “should” carries weight here. It is an expectation, not a rule with automatic enforcement. A convicted member who refuses to step back voluntarily can only be compelled through an expulsion vote or through political pressure. In practice, most members facing serious criminal charges resign before an expulsion vote happens.
Pension Forfeiture
Members convicted of certain felonies committed while in office also lose their congressional pension. Federal law strips pension credit for service as a member of Congress when the conviction involves offenses like bribery of public officials, acting as an agent of a foreign government, fraud, perjury, obstruction of justice, and related crimes tied to official duties.6Office of the Law Revision Counsel. 5 USC 8332 – Creditable Service The STOCK Act of 2012 expanded the list, but it still does not capture every possible criminal conviction. A member convicted of something outside the enumerated list keeps their pension after leaving office.
Censure and Reprimand Do Not Remove a Member
Censure and reprimand are formal disciplinary actions that fall short of removal. Both need only a simple majority vote. Censure is the more severe of the two: the member is required to stand in the well of the chamber while the Speaker or presiding officer reads a resolution of disapproval aloud. Chamber rules impose no automatic penalty, but party rules in both the House and Senate have in recent years stripped censured members of committee chairmanships and leadership positions. A reprimand is a step below censure and does not require the member to stand in the well, though it is still a formal, recorded rebuke.
Neither action removes a member from office. The member keeps the seat, keeps voting, and keeps drawing a salary. These tools exist for conduct serious enough to warrant public condemnation but short of the two-thirds threshold needed for expulsion.
Disqualification for Insurrection Under the 14th Amendment
Section 3 of the 14th Amendment bars anyone who previously swore an oath to support the Constitution and then “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof” from serving in Congress or any other federal or state office.7Congress.gov. Fourteenth Amendment Section 3 – Disqualification from Holding Office The provision was adopted after the Civil War to keep former Confederate officials out of government, and it does not require a criminal conviction to apply. During Reconstruction, federal prosecutors brought civil actions to remove officials with Confederate ties, and Congress itself refused to seat some members-elect on this basis.
The practical question today is who decides whether someone has “engaged in insurrection.” The Supreme Court addressed this in 2024 in Trump v. Anderson, holding unanimously that states have no power to enforce Section 3 against candidates for federal office. Only Congress can.8Supreme Court of the United States. Trump v. Anderson, No. 23-719 Section 3 disqualification for a sitting member of Congress therefore requires congressional action, not a state court proceeding or a secretary of state’s ballot determination.
Lifting the disqualification is even harder than imposing it. The Constitution requires a two-thirds vote in both chambers to remove the disability for any individual. Congress has done so historically, including broad amnesty acts in the years following the Civil War.
Why Impeachment Does Not Apply to Members of Congress
This is the most common misconception about removing a legislator. Impeachment exists for the President, Vice President, and “civil Officers of the United States.” Members of Congress are not civil officers under the Constitution. The Senate settled the question in 1799, when it dismissed impeachment charges against Senator William Blount on the grounds that a Senator was not a “civil officer” subject to impeachment. Neither chamber has attempted to impeach one of its members since.9Constitution Annotated. ArtII.S4.2 Offices Eligible for Impeachment
The constitutional logic reinforces the outcome. Civil officers are commissioned by the President. Members of Congress are not. And the Constitution already provides a separate removal mechanism for legislators through expulsion by their own chamber.
Why Recall Elections Do Not Exist for Federal Office
Many states allow voters to recall governors, mayors, and state legislators, so it is natural to assume the same option exists for members of Congress. It does not. The Constitution sets the qualifications and removal mechanisms for federal legislators, and recall is not among them.
The Supreme Court confirmed the principle in U.S. Term Limits, Inc. v. Thornton, ruling that states cannot add qualifications for federal office or create removal procedures beyond what the Constitution provides. The qualifications listed in the Constitution are “fixed” and may not be supplemented by Congress or the states.10Justia. U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995) Several states have passed recall laws targeting their federal representatives. None have survived legal challenge. To remove a member of Congress through the ballot box, the only path is voting against them at the next regularly scheduled election.
Voluntary Resignation
Most members who leave Congress before a term expires do so voluntarily. The process involves submitting a formal letter of resignation to the governor of the member’s home state and notifying the presiding officer of their chamber, whether the Speaker of the House or the President of the Senate.11U.S. Government Publishing Office. Deschlers-Brown Precedents, Volume 17 – Reason for Resignation The letter typically specifies an effective date and time. Members have resigned for reasons ranging from taking another government appointment to joining the military to avoiding an imminent expulsion vote.
Once a resignation takes effect, the vacancy is filled according to the chamber. House seats must be filled through a special election called by the state’s governor, because the Constitution does not permit temporary appointments to the House. Senate vacancies fall under the 17th Amendment, which allows state legislatures to authorize their governor to appoint a temporary replacement until a special election is held.12Constitution Annotated. ArtI.S3.C2.2 Senate Vacancies Clause Most states have granted that appointment power, which is why interim senators are often named within days of a vacancy while House seats can sit empty for months waiting on a special election.