How to Rebuke a President
Censure-plus.
DEC 1, 2014, VOL. 20, NO. 12 • BY JAY COST
For responding to a president who defies his constitutional limits, Congress is said to possess four powers: to impeach, to defund, to investigate, and to withhold confirmation of nominees.
But there is a fifth recourse, which the new Republican Congress might consider in view of President Obama’s executive amnesty for illegal immigrants: the power to censure. In fact, censure could work in tandem with Congress’s other powers, helping the legislature make the moral case for responding to the president’s lawlessness.
Presidential censure is a rare occurrence. Most notably, in 1834, the Whig-controlled Senate censured President Andrew Jackson, a Democrat, for moving federal deposits from the Second Bank of the United States to local banks, derisively called his “pets” because most were operated by loyal Democrats.
Jackson’s legal justification was dubious at best. Under the law, only the secretary of the Treasury could initiate such a transfer, and then only if the funds were deemed insecure. But the Bank had been impeccably run since Nicholas Biddle became its president in 1822. An investigation had ascertained that the funds were perfectly safe, and the House had voted overwhelmingly to affirm that fact. Treasury Secretary William Duane, moreover, refused to remove the money or to step down so Jackson could install somebody who would. Jackson fired Duane, replacing him with Roger Taney without Senate confirmation. Taney’s cronies would go on to grossly mismanage funds in Jackson’s pet bank in Baltimore.
https://www.weeklystandard.com/articles/how-rebuke-president_819709.html
