A.2. Chamber Ethics Panels

Each chamber must establish a permanent Ethics Panel, with at least twelve members, chosen at random from the membership of the chamber, but not to include the Speaker of the House or the Leader of the Senate, with the power and duty to investigate and recommend sanctions for violations.

There is a lot packed into these few words. First, establishing an Ethics Panel is not discretionary. The word “must” appears, meaning there is no option. Whether each chamber wants one or not, there will be an Ethics Panel. Next, twelve members are chosen at random to serve on the Panel. The exact means of selection are left to each chamber’s rules, but they are not picked by party leaders or anyone else. They are random, and there are twelve of them, just like a criminal jury in most jurisdictions. Moving on, the leadership of each chamber is explicitly excluded from membership in the Panel. This serves two functions: preventing political maneuvering by leadership, and preserving leadership’s role if any matter is referred to the chamber as a whole. Finally, the language imposes both the power and the duty to investigate and refer matters to the whole chamber for action. This means they are bound by their oaths of office to carry out the investigations that are expected of them. It isn’t discretionary, and it does subject them to removal from office if they refuse.[1]

The Ethics Panel for each chamber must convene for at least thirty minutes weekly whenever Congress is in session. The Panel may be convened longer or more frequently.

This may seem like silly micromanagement, but it serves a purpose. Leadership can’t claim that the Panel doesn’t need to meet or lacks the power to convene. Furthermore, the requirement to meet establishes a transcript in the Congressional Record. If the Panel meets, but frequently does nothing, that will be visible to the American people and the inevitable watchdog groups that spring up to watch public officials.

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[1] See Article IV, Section 7.A.4.