If They Do the “Crime,” Will They Do the “Time?”: Punishment of Misconduct by Congress

Abstract

The Framers of the Constitution granted Congress the ability to punish members for misconduct to protect the institution's integrity and dignity. However, with the low approval ratings of Congress and the widespread belief that those in government are corrupt, the institution has not done an excellent job at protecting its integrity. This chapter examines all allegations investigated by the House and Senate Ethics Committees to determine if Congress has systematically punished misconduct among members. Using data on 396 misconduct investigations in Congress, this research examines the institution's likelihood of punishing a member before and after implementing permanent ethics committees in the 90th Congress. The study reveals that Congress was more likely to systematically punish members for ethical misconduct before permanently installing ethics committees. However, in the contemporary period, the only type of misconduct a member is likely to be punished for is sexual harassment. Yet, the likelihood of being punished for sexual harassment falls when a member resigns or strategically retires.

Citation

Pomante, M.J. (2022), "If They Do the “Crime,” Will They Do the “Time?”: Punishment of Misconduct by Congress", Pomante, M.J. (Ed.) Scandal and Corruption in Congress, Emerald Publishing Limited, Leeds, pp. 171-190. https://doi.org/10.1108/978-1-80117-119-920221016