Article I, Section 5, Clause 2

The Federalist and Federalist essays

• quoted bySuggested
  Cassius 9, ¶ 1

  Each house shall determine the rules of its proceedings — punish its members for disorderly behaviour — and with the consent of two-thirds, expel a member. Each house shall keep a journal of its proceedings, and from time to time publish the same, &c.

  Reproduces this clause nearly word for word as part of what "Section 5, of the new constitution, says."

• quoted bySuggested
  A Native of Virginia, Article I, ¶ 31

  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.

  The paragraph prints Article I, Section 5, Clause 2 of the Constitution as signed; the quoted words are the same as the clause's (apart from capitals and the long s), though the pamphlet's punctuation differs in places.

• cited bySuggested
  A Native of Virginia, Article I, ¶ 13

  …Repreſentatives in Congreſs poſſeſs the ſole power of •mpeachment: But here it may be obſerved, that they cannot •mpeach one of their own body; but have the power of expul•on, when two-thirds of their body ſhall agree.

  The paragraph says each house has the power of expulsion when two thirds agree, which describes Article I, Section 5, Clause 2.

• cited bySuggested
  A Native of Virginia, Article I, ¶ 26

  The Senators having a powe• over their own members, have the right of expulſion.

  The paragraph says each house has the right to expel its own members, which refers to Article I, Section 5, Clause 2.

Anti-Federalist essays

• cited bySuggested
  Federal Farmer 3, ¶ 5

  …the legislature are not excluded from being elected to any military offices, or any civil offices, except those created, or the emoluments of which shall be increased by themselves : two-thirds of the members present, of either house, may expel a member at pleasure.

  Says "two-thirds of the members present, of either house, may expel a member," echoing this clause's "with the Concurrence of two thirds, expel a Member."

Debates in Congress

• quoted bySuggested
  House, August 18, 1789, ¶ 43

  strike out these words, "And with the concurrence of two-thirds expel a member," and insert the word **and" after the word ‘‘proceedings.”

  Following "Sect. 5. clause 1" in the preceding paragraph, the proposal names "Clause 2" and quotes the words of Article I, Section 5, Clause 2 it would strike out.

• quoted bySuggested
  House, December 6, 1803, ¶ 12

  "Each House may determine the rules of its 'proceedings, punish its members for disorderly 'behaviour,and,withthecoacurrence of two-thirds, ' expel a member." Will the gentleman hold, on this floor, that it requires two-thirds of the whole body to expel a disorderly member?

  The paragraph quotes Article I, Section 5, clause 2: "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."

• quoted bySuggested
  House, December 6, 1803, ¶ 19

  The first is in the case of the expulsion of a member: "Each House may, with ine concurrence of two-thirds, expel a member." Another instance is that In which the President puts his veto upon a bill.

  The paragraph quotes the rule on expulsion: "Each House may, with the concurrence of two-thirds, expel a member," from Article I, Section 5, clause 2.

• quoted bySuggested
  House, December 6, 1803, ¶ 30

  In the first, it is staled that "each House may determine the rules of its proceedings," Here the word House must mean a quorum.— — "Each House shall keep a Journal," &e.

  The paragraph quotes "the fifth section": "each House may determine the rules of its proceedings."

• cited bySuggested
  House, December 6, 1803, ¶ 31

  By (he Constitution each House may determine ibe rules ofitsowD proceeding.

  The speaker says "by the Constitution each House may determine the rules of its own proceeding," echoing Article I, Section 5, clause 2.

• cited bySuggested
  House, February 15, 1869, ¶ 92

  Section five of article one provides:

  The Speaker cites "Section five of article one", whose second clause the next paragraph quotes.

• quoted bySuggested
  House, February 15, 1869, ¶ 93

  “Each House may determine the rules of its proceedings. punish its members for disorderly behavior, and with the concurrence of two thirds, expel a member."

  The paragraph quotes in full, in quotation marks, the clause introduced in the previous paragraph as part of "Section five of article one".

• quoted bySuggested
  House, February 15, 1869, ¶ 97

  The Constitution declares that each House may determine the rules of its proceedings, &c., and under that the House has adopted a rule that in all cases of difference of opinion between the two Houses conferences may be asked.

  The Speaker gives the words of the Constitution that "each House may determine the rules of its proceedings".

• cited bySuggested
  Senate, November 23, 1803, ¶ 7

  he was convinced that the Constitution had already settled this question, by declaring that each House shall be competent to establish its own rules.

  The speaker says the Constitution declares "that each House shall be competent to establish its own rules," which is Article I, Section 5, clause 2.

The Supreme Court

Cases whose essays in the Constitution Annotated cite them under this clause, oldest first. Each link names the pages it comes from.

• interpreted bySuggested
  Powell v. McCormack (1969)395 U.S. 486, decided June 16, 1969

  The Constitution Annotated's essays on this provision cite the case on 5 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S5.C2.2.1, ArtI.S5.C2.2.2, ArtI.S5.C2.2.3, pp. 255, 256, 257, 258, 259.

On Article I, Section 5 as a whole

• cited bySuggested
  Senate, March 19, 1962, ¶ 412
• cited bySuggested
  Senate, March 19, 1962, ¶ 426
• cited bySuggested
  North Carolina convention, July 26, 1788, ¶ 2