A special thank you to Rep. Anna Paulina Luna for getting Rep. Adam Schiff's censure across the finish line to hold him accountable for his lies. In January, I voted to keep him off the House Intelligence Committee, and now he’s been called out for his unethical behavior. I was happy to work with Rep. Luna to secure the votes needed to pass the Schiff censure resolution after it was revised to remove a provision containing an unconstitutional $16,000,000 fine.
I insisted that the proposed fine should be removed so the censure of Schiff would be undertaken consistent with the Constitution. Once my concern about the unconstitutional fine was addressed, the resolution to censure Rep. Adam Schiff passed the House of Representatives. I voted in favor of Rep. Luna's revised censure resolution.
Some people have asked why I thought the $16,000,000 fine was unconstitutional. Please allow me to explain.
Article 1, Section 5, Clause 2 of the Constitution states: “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.” Some people have argued that this clause allows Congress unlimited power to punish members, but that is not the case.
For instance the 8th Amendment states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Therefore, Congress can’t levy an excessive fine on a member nor can they draw and quarter a member as punishment.
Furthermore, the 27th Amendment states: “No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.” Congress cannot vary a member’s salary unless Congress has sat for re-election at the ballot box. If members do not voluntarily pay, no existing law enables Congress to confiscate money from members. Pay deductions could possibly be tried to motivate payment of fines, but this would violate the 27th Amendment.
In 2021, Members of Congress, including myself, were fined and had their salaries reduced for refusal to wear a mask. Whether this violates the 27th Amendment to the Constitution is the subject of an ongoing federal lawsuit titled Massie v. Pelosi. This is a “case of first impression,” which means no prior court decision has settled this matter.
Finally, notice that a 2/3 vote is required to expel a member. But an extraordinary fine such as $16,000,000, whether taken from a member or his campaign account, is a fine that could force a member to leave office, in which case it acts as an effective expulsion by simple majority vote. Expulsion as a result of a simple majority vote violates the Constitution.
Because courts have given Congress broad latitude to interpret “Each House may determine the Rules of its Proceedings,” Congress must exercise excruciating discernment in this domain. Congressmen have power only because of the Constitution. If we ignore it, we have no power.