A procedural maneuver within the House of Representatives could block members aligned with the Democratic Socialists of America (DSA) from being sworn in, even if they secure electoral victories. This parliamentary tactic, circulating in conservative circles, centers on challenging a member-elect's right to take the oath of office if evidence suggests they would not uphold the Constitution.
The oath of office is a mandatory step for all members-elect before they can become official members of the House. Typically, this oath is administered collectively to all 435 members at the start of a new Congress, led by the House Speaker. However, the proposed challenge mechanism allows any member-elect to contest another's eligibility to be sworn in, provided they have compiled evidence that the individual would not uphold their oath. Such a challenge would then lead to House-wide deliberations and a subsequent vote on whether the member-elect has a right to be sworn in.
A potential argument against DSA members, according to proponents of this tactic, is the group's platform, which calls for the abolition of the current U.S. Constitution and the drafting of a new one. Several individuals associated with the DSA have already won primary elections across the country.
Rep. Keith Self, a Republican from Texas, indicated to Fox News Digital that he might employ this maneuver. "You cannot swear an oath to support and defend the Constitution while actively working to destroy it," Self stated. "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."
Self added, "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." The term "Red-Green Alliance" is used on the right to describe cooperation between far-left groups and radical Islamic organizations.
An analysis by the Center for Renewing America suggests that if such a challenge is made, the House speaker could ask the member-elect to step aside while the debate proceeds. The analysis states, "The objecting member should place the documentary record before the House, and the House should debate whether that evidence establishes that the member-elect remains committed to destroying the constitutional order."
If the House votes to affirm the challenge, it could prevent the member-elect from being sworn in. However, the success of such a move depends on several factors. If the House Minority Leader, currently Hakeem Jeffries, becomes speaker, he could dismiss the challenge. Similarly, if Republicans maintain their majority, Speaker Mike Johnson could choose to disregard the challenge. Johnson has previously dismissed the notion of refusing to seat elected Democrats as a "nonsense narrative," stating, "We are going to follow the law."
Such an action would also raise questions about overriding the will of the voters who elected the individual. Furthermore, it could conflict with Supreme Court precedent established in the 1969 case of Powell v. McCormack, which ruled that the House cannot exclude an elected candidate who meets the constitutional requirements of age, residency, and citizenship.
This issue follows the historical precedent of Adam Clayton Powell Jr., a New York Democrat, who was denied his oath of office in 1966 after winning re-election amid financial scandals. Although the House's decision to bar him was later overturned by the Supreme Court, the tactic is being considered again by some Republicans.
Rep. Tim Burchett, a Republican from Tennessee, has publicly stated his intention to use this maneuver to block Darializa Avila Chevalier, a candidate who defeated a long-serving House Democrat and is expected to win her general election in a heavily Democratic district. Burchett cited a deleted social media post from Chevalier in 2019, where she reportedly described wiping her hands on the American flag due to a lack of a napkin, as grounds for his challenge.
These discussions highlight the escalating partisan tensions that are emerging even before the next Congress is formally constituted.