Democratic Rep. Justin Jones of Nashville speaks before his counterpart voted to remove him from the House of Representatives on Thursday. Constitutional scholars say such measures are very rare and have uncertain consequences.
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Democratic Rep. Justin Jones of Nashville speaks before his counterpart voted to remove him from the House of Representatives on Thursday. Constitutional scholars say such measures are very rare and have uncertain consequences.
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It is rare for any legislature in the US to expel a member—in most states reportedly never did so. Even in this context, circumstances in Tennessee, where the Republican-led House of Representatives expelled two black lawmakers, stood out.
“Most of the explosions happened criminal behavior or abusive behaviornot the suppression of dissent or the prosecution of political opponents,” state constitutional law expert Miriam Seifter said in an email to NPR.
“Relative Level of Democratic Dysfunction” Warnings
Rep. Justin Jones, D-Nashville and Justin Pearson, D-Memphis, were expelled not for committing crimes, but for violating the rules of decency. They used a bullhorn on the floor of the house, spoke without being recognized, and led protests calling for gun control as Republicans, who have an overwhelming majority in the House, stood by.
“I think it’s amazing that the state legislature is even trying to expel them for this behavior, not to mention that they actually managed to get enough votes to expel them,” Anita Krishnakumar, who studies law and interpretation at the Legal School, told NPR. center of Georgetown University. in email.
But the couple are now banished, a few months into their two-year term. Third House Democrat Rep. Gloria Johnson narrowly avoided being expelled.
“What happened this week in Tennessee was a show of power used to send a political message: dissent and refusal to comply are unacceptable,” Carrie Russell of Vanderbilt University, chief senior lecturer in political science, told NPR in an email.
Many state legislatures and the US Congress have equally broad disciplinary powers. But this power was used sparingly. Until this week, the last two eliminations in the Tennessee House of Representatives came as a result of overwhelming bipartisan votes to expel members on criminal or ethical grounds, rather than the imposition of one’s will by a supermajority.
“Using legislative discipline as a weapon is indicative of a serious level of democratic dysfunction,” said Seifter, who is co-director of the State Democracy Research Initiative at the University of Wisconsin School of Law. She added, “This suggests that more attention should be paid to government at the state level.”
“Anti-democratic actions are much easier to carry out if state institutions are subject to limited scrutiny,” Seifter said.
It is especially rare for legislatures to expel members due to actions involving substantive political differences.
Precedents date back to Civil War and Reconstruction
This marks the first time that multiple Tennessee legislators have been ousted in the same legislative session since 1866, when Tennessee struggled to accept citizenship rights for former enslaved people after the Civil War.
“The expulsion of six members from the Tennessee legislature in July 1866 was for ‘contempt of the authority of that house,'” Russell of Vanderbilt University, chief senior lecturer in political science, told NPR.
“Specifically, the removal order was used because Representatives refused to ratify the Fourteenth Amendment (a condition required for Tennessee to be readmitted to the Union),” Russell said. By excluding members, the House could more easily reach the majority threshold.
Protesters listen in the Tennessee House gallery during a protest to demand action on gun reform laws and support three lawmakers who face an expulsion vote – what experts call an extraordinary disciplinary move.
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Seth Herald/Getty Images
Protesters listen in the Tennessee House gallery during a protest to demand action on gun reform laws and support three lawmakers who face an expulsion vote – what experts call an extraordinary disciplinary move.
Seth Herald/Getty Images
“So even then it was used to exclude dissenters,” Russell added.
The Reconstruction-era precedent, says Krishnakumar, “highlights the fact that this is an unusual, rare move for a legislature—and that legislatures don’t tend to do it in times of normal politics.”
Noting the strong political polarization and divisions in the post-Civil War years, Krishnakumar said, “I don’t think it’s a coincidence that we have to go back to that era to see this behavior of the legislature.”
Will other states see similar efforts?
Of course, the current environment of intense political polarization extends beyond Tennessee. So, can majorities in other state legislatures follow suit and expel politicians they can’t agree with?
“At this point it seems unlikely” to become a general pattern, Seifter said.
“Unlike other ways in which state legislators can consolidate their power or act in a counter-majority fashion (the model I wrote about Here), disciplinary measures tend to be self-limiting,” she added.
One important reason: even if the legislature succeeds in ousting an MP, the state body probably won’t have a say in what happens to the seat. In Tennessee, county or city councils in affected areas can appoint a temporary deputy — and officials. they say they will restore For example, Rep. Justin Jones.
In addition to this, Seifter said, “politically motivated exclusions are likely to be unpopular and mobilize opponents.”
However, Krishnakumar points out that in highly polarized times, elected officials are looking for ways to score points with their supporters and outmaneuver the opposition party.
She added: “This kind of exile, while very problematic from a democratic point of view, provides a good way to score those points.”
