Article 1 section 5, clause 2 of the federal Constitution provides that “Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour and, with the Concurrence of two thirds, expel a Member.” Tradition and history provide that the House of Representatives may reprimand or censure a member by a simple majority of its membership whereas the Constitution requires two-thirds of the House to expel a member. A more common form of discipline has been imposition of a fine and stripping or precluding a representative of committee positions and membership.

An interesting issue of concern since adoption of the Constitution is the impact of misconduct occurring prior to the election or reelection of a member of Congress because of the impact of the election, and no member of the House of Representatives has ever been removed for conduct occurring prior to the time he or she was elected or reelected by their constituents.