Censuring Representative LaMonica McIver and removing her from the Committee on Homeland Security.

Enumerated powers · raises concerns · severity: critical

Article I, Section 5, Clause 2 grants each House the power to 'punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.' This resolution does not meet the two-thirds threshold for expulsion, and censure is not explicitly authorized by the Constitution. The removal from a committee is a punitive action that exceeds the enumerated power to judge elections, returns, and qualifications (Article I, Section 5, Clause 1). The House has no general police power to discipline members for political speech or association, which is the apparent basis for this resolution.

Bill of Rights · raises concerns · severity: critical

The First Amendment protects the freedom of speech, including legislative speech by members of Congress. The Speech or Debate Clause (Article I, Section 6, Clause 1) further shields members from being 'questioned in any other Place' for their legislative acts. Censuring a member for their committee work or political views directly penalizes protected speech and violates the First Amendment. Additionally, the resolution may infringe on the Ninth Amendment's reservation of unenumerated rights, as the right to serve in Congress without partisan retaliation for protected speech is a fundamental aspect of representative democracy.

Individual liberty · raises concerns · severity: critical

Individual sovereignty includes the right of a representative to exercise their judgment and conscience in legislative duties without fear of punishment for unpopular views. This resolution restricts Representative McIver's ability to perform her constitutional duties by removing her from a committee, effectively silencing her voice on homeland security matters. The government (the House majority) has not provided a compelling constitutional justification—such as criminal conduct or a violation of the House's explicit rules—for this restriction. The burden is on the government, and it has failed to meet it.

Decentralization · raises concerns · severity: critical

This resolution fails all four questions of the decentralization test. (1) An individual or family cannot handle this—it is a matter of congressional discipline. (2) A local community cannot handle this—it involves a federal representative. (3) A state cannot handle this—the Constitution vests discipline of federal members solely in the House. (4) The resolution consolidates punitive decision-making in the majority party leadership, bypassing the full House's deliberative process and the two-thirds requirement for expulsion. This centralization of power violates the Tenth Amendment's reservation of powers to the states and the people, as the people's right to choose their representatives is undermined by partisan retaliation.

Due process and takings · raises concerns · severity: critical

The Fifth Amendment guarantees due process before depriving a person of life, liberty, or property. While committee assignments are not property in the traditional sense, the right to serve in Congress and participate in committee work is a liberty interest protected by due process. This resolution provides no notice, hearing, or opportunity for Representative McIver to defend herself against the allegations that prompted the censure. The vote to table the resolution (215-207) indicates a partisan majority acting without procedural fairness, violating substantive due process by imposing an arbitrary punishment.