On the recordDecember 18, 1998
It is important to address that issue of censure. We discussed this in the committee and there were numerous constitutional experts that addressed this. Stephen Presser, professor of legal history at Northwestern University School of Law, wrote a letter to the gentleman from Massachusetts (Mr. Delahunt) disagreeing about censure and saying that censure would not be constitutional. He said, ``In my opinion, impeachment is the remedy for misconduct.'' We go to the University of London, a similar response by Gary McDowell noted that censure was not a proper constitutional remedy and would violate the separation of powers. And on to John Harrison, University of Virginia School of Law by a letter to the gentleman from Massachusetts (Mr. Delahunt) Saying that, ``My view at this point is that there are serious constitutional difficulties with congressional censure.'' And for that reason, because of the constitutional problems, that was not presented.
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