The constitutional text

Article I · Section 5

Select any highlighted phrase to understand what it means.

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

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. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

Source: National Constitution Center edition. Original wording is preserved; commentary explains historical and superseded provisions.

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Article I, Section 5, Clause 2 — expulsion

Expulsion requires two-thirds

Current text
and, with the Concurrence of two thirds, expel a Member.

What it means

A chamber may expel one of its members with two-thirds concurrence. This higher threshold distinguishes removing a member from lesser forms of discipline.

Historical setting

Expulsion can override the electorate’s choice of a representative or senator. Requiring a supermajority reduces the risk that an ordinary majority will eliminate opponents merely to increase its own control.

What it does

The House cannot expel a senator and the Senate cannot expel a representative. Expulsion is also distinct from impeachment, which concerns a different constitutional accountability mechanism.

Debate & interpretation

The institution must be able to protect itself from serious misconduct while respecting electoral representation. A higher threshold offers protection but may leave wrongdoing unaddressed when a faction shields one of its members.

A common misreading

Members of Congress are not removed through the ordinary presidential-officer impeachment route simply because they hold federal office.

Think it through

What level of misconduct should justify overriding voters’ decision to send someone to the legislature?

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Sources & further reading

Original Madison Center commentary. Explanations distinguish the text, historical context, and interpretive disagreements.

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