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Report for Congress
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Order Code RL30016
Recall of Legislators and the
Removal of Members of Congress from Office
Updated March 20, 2003
Under the United States Constitution and congressional practice, Members of
Congress may have their services ended prior to the normal expiration of their
constitutionally established terms of office by their resignation or death, or by action
of the House of Congress in which they are a Member by way of an “expulsion,” or
by a finding that in accepting a subsequent public office deemed to be “incompatible”
with congressional office, the Member has vacated his congressional seat.
In some States, State legislators and other State or local elected officials may be
removed from office before the expiration of their established terms not only by
action of the legislature itself through an expulsion (or for executive officers, through
an “impeachment” and conviction by the legislature), but also by the voters through
a “recall” election procedure. While an expulsion is an inherent authority of
legislative bodies incident to their general powers over their own proceedings and
members, recall is a special process outside of the legislature itself, exercised by the
people through a special election. Recall provisions for State or local officers
became popular in the “progressive movement,” particularly in the western and plains
States, in the early part of the 20th Century.21
Constitutional History.
The United States Constitution does not provide for nor authorize the recall of
United States officials such as United States Senators, Representatives to Congress,
or the President or Vice President of the United States, and thus no United States
Senator or Member of the House of Representatives has ever been recalled in the
history of the United States.