Censuring Rep Gosar is Little More than a Hand Slap for Violent Video

For the first time since 2010, a lawmaker was formally censured in the U.S. House of Representatives. Paul Gosar, a Republican member from Arizona, posted a 90-second animated video on his official Twitter account that portrayed him killing Democratic Representative Alexandria Ocasio-Cortez, assaulting President Biden, and brutally repelling migrants trying to cross the border into the United States.

Unlike censure proceedings in the past, this vote was streamlined and along party lines. Only Republican Representatives Liz Cheney of Wyoming and Adam Kinzinger of Illinois joined the Democrats, and another Republican Representative abstained by casting his vote as “present.”

Characterized as a far-right politician, Representative Gosar has a history of aligning himself with white nationalists such as the America First movement. He holds significant influence in far-right circles around the country.

The January 6 riot at the capital was an apparent factor in the decision last week. Democrats argued this type of imagery and rhetoric on a politician’s national platform encourages violence and tacit approval of actual violence against government officials. When Representative Alexandria Ocasio-Cortez, stood to address the issue, she made clear that the issue at hand was not about personal attacks but about “what we are willing to accept” in behavior by fellow lawmakers.

Censure is formal disapproval by either one or both the House of Representatives and Senate. It does not carry any material punishment with it. Under Article 1, Section 5, Clause 2 of the Constitution, “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.” Censure is not explicitly stated in the Constitution; instead, it is an internal rule in the House and Senate authorized under this clause of the Constitution.

Once the resolution is approved, the individual in question must stand in the well of the House while the Speaker reads the resolution as a public rebuke, closest kin to public humiliation. No rule requires a member to be given any other form of punishment along with the reading of the censure resolution. However, in the case of Mr. Gosar, he was stripped of two committee assignments as a separate punishment.

There have been 24 other instances where a house of Congress used the tool of censure. In the beginning, censure was a means to show “deep disapproval of a member’s behavior.” As time went on, censure became a political tool to challenge a member’s integrity, especially during the nineteenth century when duals over honor and reputation were abundant. Later, censure was used almost solely for reprimanding unacceptable behavior during floor debate in the late 1800s.

Unlike impeachment, the censure process does not require either house of Congress to hold hearings, nor does it require Congress to inform the public. It is only an internal vote on a resolution to formally rebuke a member for their behavior. Censure also does not have any long-term impact on a member, as they can run for office again once their term is up.

The Republicans of the House argued that this swift move to censure a Republican Representative showed the Democrat’s scheme of silencing their opposition. The Republican party claimed that Democrats were also guilty of offending Republicans and this move was an abuse of power by Speaker Nancy Pelosi. Representative Kevin McCarthy of California repeated “there’s an old definition of abuse of power: rules for thee but not for me” throughout the open debate.