Censuring Representative Al Green of Texas.

Enumerated powers · passes

Article I, Section 5, Clause 2 of the Constitution expressly grants each House of Congress the power to 'punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.' Censure is a lesser form of discipline than expulsion and falls squarely within this enumerated power. The House is acting on its own internal proceedings, not regulating any external matter.

Bill of Rights · passes

The First Amendment protects the right to petition the government and freedom of speech, but the Supreme Court has long held that Congress may regulate the conduct of its own proceedings, including disciplining Members for disruptive behavior during a joint session. This is not a restriction on a citizen's speech but an internal rule of order. No other Bill of Rights provision is implicated.

Individual liberty · passes

This resolution applies only to a Member of Congress in their official capacity during a legislative proceeding. It does not restrict any person's control over their own person, property, speech, labor, or belief outside the chamber. The government's compelling interest in maintaining order during a joint session of Congress justifies this minimal internal restriction.

Decentralization · passes

This action concerns the internal discipline of a federal legislative body. The four-question test is designed for policy actions affecting the general public, not internal parliamentary procedure. However, applying the test: (1) an individual cannot handle discipline of a Member of Congress; (2) a local community cannot; (3) a state cannot; (4) the action does not consolidate decision-making upward because the House is the only body constitutionally authorized to discipline its own Members. The Tenth Amendment is not implicated as this is a power expressly delegated to Congress.

Due process and takings · passes

The House is following its own established procedures for censure. The resolution provides notice of the specific conduct (disrupting a joint session) and the specific punishment (censure with public reading). The Member is given the opportunity to present himself in the well. This satisfies procedural due process for internal legislative discipline. No property is taken, and no criminal penalty is imposed.