On the recordDecember 19, 1998
I rise to speak on the point of order. Mr. Speaker our Republican colleagues have agreed that censure is not constitutional. Censure is indeed a Constitutional option. In 1800, Rep. Ed Livingston (NY) introduced a censure motion against President John Adams. The President was successfully represented by Congressman John Marshall of Virginia. Representative Marshall argued the case on the merits and never once argued that censure was unconstitutional. John Marshall went on to become the Chief Justice of the United States and was the father of much of our constitutional law. Indeed in the landmark 1819 decision McColluch vs Maryland, the court ruled that "there is no phrase in the Constitution which excludes incidental or implied powers." The power of Congress to censure is an obvious corollary of the legislatures inherent power as a deliberative body to speak its mind. It is therefore clear that censure is not prohibited by the Constitution and is indeed a germane penalty. I urge the Chair to rule the censure motion in order.
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