Potential Maneuver Could Block Democratic Socialists from the House

A congressional tactic could potentially prevent Democratic Socialists of America (DSA) members from being sworn in to the House of Representatives, despite winning elections. Members-elect must swear an oath to uphold the Constitution before becoming full House members, usually taking this oath together, led by the Speaker.

An argument in conservative circles suggests that any member-elect can challenge another’s right to be sworn in, with evidence that this person might not uphold the oath. This leads to House deliberations and a vote on whether the member-elect can be sworn in.

For DSA members, a possible argument is the group’s platform advocating for replacing the current U.S. Constitution with a new one. Several DSA members have won primaries nationwide.

“You cannot swear an oath to support and defend the Constitution while actively working to destroy it,” said Rep. Keith Self, R-Texas.

The “Red-Green Alliance” describes cooperation between far-left groups and radical Islamic organizations, as stated by Self.

An analysis by the Center for Renewing America explains how a member-elect’s fitness can be challenged. The Speaker may ask them to step aside for a debate. After presenting documentary evidence, the House debates whether the member-elect intends to destroy the constitutional order, followed by a vote.

The theory relies on variables such as Speaker candidates. House Minority Leader Hakeem Jeffries, D-N.Y., could dismiss the challenge. Speaker Mike Johnson, R-La., might do the same if Republicans maintain their majority. Johnson labeled the idea as ‘nonsense narrative’ and promised adherence to the law.

This maneuver also questions the electorate’s will. Any action would conflict with Supreme Court precedent from Powell v. McCormack in 1969, which stated the House cannot exclude candidates meeting age, residency, and citizenship criteria.

The Supreme Court verdict followed Adam Clayton Powell Jr.’s exclusion under financial scandal allegations, eventually overturned.

Rep. Tim Burchett, R-Tenn., intends to block Darializa Avila Chevalier next year, citing a deleted post from 2019 where she wiped her hands on the U.S. flag.

These threats reflect partisan tensions ahead of next week’s midterms.

Reporter Elizabeth Elkind covers the House for Fox News Digital, previously seen at the Daily Mail and CBS News. Follow her on Twitter @liz_elkind or contact her at [email protected].