House members cannot be sworn in without a speaker

After a second day of a number of rounds of voting on Jan. 4, Republican lawmakers did not elect Rep. Kevin McCarthy as House speaker. It was the primary time in 100 years that a nominee for House speaker couldn’t take the gavel on the primary vote.

The day earlier than, on Jan. 3, the workplaces of several House freshmen, together with Rep.-elect George Santos, erroneously introduced that that they had been sworn into the 118th U.S. Congress. In a textual content message, VERIFY viewer Emmanuel requested our staff if members of the House can be sworn in without an elected speaker.

Can members of the House be sworn in without a speaker?

No, members of the House cannot be sworn in without a speaker.

According to a report revealed by the Congressional Research Service (CRS), Article 1, Section 2 of the U.S. Constitution units a time period of workplace of two years for all members of the U.S. House of Representatives. This means one House ends on the conclusion of every two-year Congress and a new one should be sworn in.

“The House must take these actions at the beginning of each new Congress because it is not a continuing body,” the CRS report says.

On the opening day of a new Congress, which normally convenes at midday on Jan. 3, the House sometimes follows a “well-established routine,” in line with the CRS report. These proceedings embody electing and swearing in the House speaker, swearing in members, electing and swearing in administrative officers, and adopting guidelines of process and varied administrative resolutions.

“After the speaker is elected, the member with the longest continuous service (the Dean of the House) administers the oath to the speaker,” in line with the U.S. House of Representatives History, Art & Archives website. “The speaker, in turn, administers the oath to the rest of the members en masse.”

But if no speaker is chosen, incoming House members cannot take an oath or be sworn in on the House ground, in line with the U.S. Code of Law, which reads:

“At the first session of Congress after every general election of Representatives, the oath of office shall be administered by any Member of the House of Representatives to the Speaker; and by the Speaker to all the Members and Delegates present, and to the Clerk, previous to entering on any other business; and to the Members and Delegates who afterward appear, previous to their taking their seats.”

Incoming House members who haven’t taken the oath cannot vote, have interaction in ground proceedings, introduce new laws or conduct different official House enterprise till a speaker is chosen, in line with a guide on procedures of the House, revealed by the U.S. Government Publishing Office.

“Until a member-elect has subscribed to the oath, he does not enjoy all the rights and prerogatives of a member of Congress,” reads the House guide.

The Associated Press contributed to this report.