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Tuesday, April 14, 2026

Judiciary and Congressional Ethics

For next time, Davidson, ch. 14.  Besides DHS, what domestic issues do you want to discuss on Wednesday?

From last time:

Merrick Garland and "the Biden Rule"

Gorsuch and the nuclear option

KBJ


Blue Slips and Senatorial Courtesy (Davidson, 368-370) Applies to US Attorneys.



History
  • Article I, sec. 6 puts some limit on criminal and civil actions against lawmakers: "They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place."
  • 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."
  • Pre-1960s: Lax, often informal disciplinary proceedings.
  • 1964: Following allegations against powerful staffer Robert G. Baker, the Senate created the Select Committee on Standards and Conduct.  LBJ tried and failed to scuttle the investigation
  • 1967: House Committee Established: In response to investigations into Representative Adam Clayton Powell, the House established the Committee on Standards of Official Conduct.
  • 1977: Post-Watergate Reforms: Both chambers revamped their ethics procedures, with the House establishing a temporary Select Committee on Ethics (leading to new financial disclosure rules) and the Senate renaming its committee to the Select Committee on Ethics.
  • 2008: Office of Congressional Ethics (OCE): The House created this independent office to review misconduct allegations and report to the Ethics Committee.  New name: Office of Congressional Conduct (OCC)
  • 2011: The House Committee on Standards of Official Conduct was renamed the House Committee on Ethics.


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