If, as predicted, Democrats gain control of the House of Representatives in next Tuesday’s midterm elections, Republicans may try to use a controversial procedural move that would allow them to refuse seating some of the Democrats who have been duly elected.
According to Fox News, any member of the Democratic Socialists of America might be blocked from being sworn in under an obscure rule that specifies who cannot be a member of Congress.
“Members-elect must swear an oath to uphold the Constitution before they can become full members of the House. At the beginning of a new Congress, that oath is typically taken en masse by all 435 members, led by the House speaker.”
“But an argument circulating in conservative circles posits that any member-elect can challenge another member-elect’s right to be sworn in, provided they have compiled evidence that that person would not uphold their oath. That would then lead to House-wide deliberations followed by a vote on whether that member-elect has a right to be sworn in.”
Rep. Keith Self (R-TX) explained why he would invoke such a challenge.
“You cannot swear an oath to support and defend the Constitution while actively working to destroy it. The oath of office is not just words you say at a ceremony. It is a belief. It is an oath to our country and our fellow countrymen.”
“The House has both the authority and the duty to ensure that anyone who takes that oath does so in good faith, without mental reservation or purpose of evasion. As DSA candidates and the Red-Green Alliance gain ground, we must enforce the Constitution as written or risk allowing people committed to replacing it to take seats of power under false pretenses.”
However, Self’s move may not matter if Democrats win by as big of a margin as predicted, with The Daily Beast explaining, “Democrats only need three seats to flip the majority from red to blue. The Cook Political Report estimates they’re likely to do so by flipping between 12 and 25 seats. That would give them as many as 240 seats in the House.”
“Should Democrats win, Minority Leader Hakeem Jeffries is expected to become the next Speaker, and he could potentially put the kibosh on the whole thing.”
If Mike Johnson managed to remain Speaker, it’s possible he would agree with extremists like Self, though he has yet to weigh in on the issue.
So, if you needed yet reason to vote Democratic on November 3, you now have one. A Blue Wave will prevent any debate on who and who cannot be sworn in. And if Republicans want to play that game, they should keep in mind that their loyalties could also be challenged and they might not be seated, either.
Payback is a real son of a bitch.
