Potential Challenge for Democratic Socialists in Congress

A lesser-known maneuver in Congress might prevent members of the Democratic Socialists of America (DSA) from being sworn in as House members next year, even if they secure victory in the upcoming elections.

Before becoming full members of the House, those elected must take an oath to uphold the Constitution. Traditionally, at the start of a new Congress, this oath is taken collectively by all 435 members under the guidance of the House speaker.

However, some conservatives are suggesting that any member-elect can contest another’s eligibility for this oath, especially if they can provide evidence indicating that the individual wouldn’t honor their oath. This would lead to discussions in the House followed by a vote to decide whether that member-elect can be sworn in.

For DSA candidates, one possible basis for challenging their eligibility could be the organization’s platform advocating for the abolition of the current U.S. Constitution in favor of a new one. Several DSA members, along with self-identified democratic socialists, have achieved primary victories throughout the nation.

Rep. Keith Self, a Republican from Texas, remarked that he might consider using this tactic. He stated, “You cannot swear an oath to support and defend the Constitution while actively working to destroy it.” According to him, the oath is not merely a formality but a sincere commitment to both the country and its citizens.

He emphasized that the House must ensure that individuals taking the oath do so in good faith, without reservations. As the DSA and the so-called Red-Green Alliance gain traction, he believes in the necessity of enforcing the Constitution strictly to prevent individuals dedicated to its replacement from assuming office under false pretenses.

The term “Red-Green Alliance” is often used to characterize collaborations between far-left entities and radical Islamic groups.

Self further stated, “Anyone who has personally embraced the destruction of the Constitution has no business being sworn in to uphold it.”

Per an analysis from the Center for Renewing America, if a challenge is raised regarding a member-elect’s suitability to take the oath, the House speaker could ask them to step aside while deliberations occur.

The member objecting should present documented evidence to the House, which would then debate whether this evidence proves that the member-elect is committed to undermining the constitutional framework.

The House would subsequently vote on a resolution that determines the member-elect’s allegiance to upholding the Constitution. If passed, this could bar them from being sworn in.

This approach hinges on various factors. For instance, if House Minority Leader Hakeem Jeffries from New York is elected as speaker, he may choose to dismiss the challenge. Similarly, Speaker Mike Johnson from Louisiana could do the same if Republicans maintain their majority.

Recently, Johnson dismissed the idea of refusing to seat elected Democrats as a “nonsense narrative,” asserting that the law would be followed.

There are also ethical concerns surrounding the act of overriding the choice of voters who elected the representative.

Such a move would likely contradict Supreme Court rulings, leading to probable legal disputes. For example, the 1969 case Powell v. McCormack established that the House cannot exclude an elected candidate from being sworn in if they meet constitutional prerequisites regarding age, residency, and citizenship.

This situation recalls the case of Adam Clayton Powell Jr., a Democratic representative from New York, who was denied his oath of office in 1966 due to various financial scandals. Ultimately, the Supreme Court overturned the House’s decision to bar him from taking his seat.

Nonetheless, some Republicans are contemplating revisiting this option.

Recently, Rep. Tim Burchett from Tennessee expressed his intention to use this maneuver against Darializa Avila Chevalier, who won a surprising victory over a senior Democrat and is widely expected to win her general election. Burchett cited a past incident where Chevalier claimed to have wiped her hands on the American flag due to a lack of a napkin as grounds for her ineligibility.

Regardless of the outcome of these efforts, they highlight the increasing partisan tensions forming even before the new Congress officially convenes following next week’s midterm elections.