# Concerning the McCarthy concessions to become House Speaker

**URL:** <https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794>\
**Category:** Politics & Elections\
**Created:** [January 6, 2023, 6:32pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794 "2023-01-06T18:32:40Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [January 6, 2023, 6:32pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/1 "2023-01-06T18:32:40Z")

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How binding are the concessions McCarthy has agreed to with the “Never Kevins”?  
What is/are the likely result(s) if he reneges on any/all of them if he takes office?

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**Author:** ![dolphinboy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dolphinboy/32/330_2.png) [@dolphinboy](https://boards.straightdope.com/u/dolphinboy)\
**Post date:** [January 6, 2023, 6:37pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/2 "2023-01-06T18:37:11Z")

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Well one of the concession allows a single house member to force a vacating vote on the Speaker, and that would be part of the official House rules. So they could easily vote him out if they wanted to.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [January 6, 2023, 6:38pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/3 "2023-01-06T18:38:35Z")

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But are _any_ of these concessions automatically legally binding if McCarthy becomes Speaker?

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**Author:** ![AlsoNamedBort](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alsonamedbort/32/3213_2.png) [@AlsoNamedBort](https://boards.straightdope.com/u/AlsoNamedBort)\
**Post date:** [January 6, 2023, 6:40pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/4 "2023-01-06T18:40:42Z")

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After they vote for speaker, then they have to vote on the rules for the house. So if he renegs on the rules, they just won’t vote for them.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [January 6, 2023, 6:43pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/5 "2023-01-06T18:43:52Z")

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Since the vast majority were willing to vote for him without the concessions, Maybe a side deal with that majority to ignore the “Never Kevin” concessions to put them in their place would be palatable to that majority?

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**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\
**Post date:** [January 6, 2023, 6:52pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/6 "2023-01-06T18:52:11Z")

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What law would make a political promise binding?

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [January 6, 2023, 6:55pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/7 "2023-01-06T18:55:12Z")

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None that _I_ know of, but I am not as knowledgeable as others here when it comes to political science -that is the reason I asked the question.

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**Author:** ![Jophiel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jophiel/32/66_2.png) [@Jophiel](https://boards.straightdope.com/u/Jophiel)\
**Post date:** [January 6, 2023, 6:57pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/8 "2023-01-06T18:57:52Z")

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> [@AlsoNamedBort](#):
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> After they vote for speaker, then they have to vote on the rules for the house. So if he renegs on the rules, they just won’t vote for them

Besides this, alienating between six and twenty GOP Congressmen with a “Gotcha!” would guarantee that McCarthy never manages to pass a single party-line bill out of the House and has to negotiate with the Democrats to get a majority on anything. Those tweaked GOP members would vote “No” on each bill out of spite and to keep McCarthy from having any accomplishments.

McCarthy’s gotta work with these holdouts for the next two years to maintain the slim GOP margins.

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**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\
**Post date:** [January 6, 2023, 7:00pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/9 "2023-01-06T19:00:19Z")

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There’s not even a concept in U.S. law that political promises are somehow binding. No politician in history has kept all of their promises.

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**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\
**Post date:** [January 6, 2023, 7:04pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/10 "2023-01-06T19:04:11Z")

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What I don’t get is some of these House members who are voting, like George Santos, have not yet been sworn in. So how is it that they’re able to vote?

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**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\
**Post date:** [January 6, 2023, 7:05pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/11 "2023-01-06T19:05:15Z")

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None of them of have been sworn in. They’re ALL representatives-elect.

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**Author:** ![Thing.Fish](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thing.fish/32/9168_2.png) [@Thing.Fish](https://boards.straightdope.com/u/Thing.Fish)\
**Post date:** [January 6, 2023, 7:06pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/12 "2023-01-06T19:06:05Z")

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Right. The only things they can vote on are electing a Speaker or adjourning. Technically we have no actual Members of Congress in office currently.

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**Author:** ![Jophiel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jophiel/32/66_2.png) [@Jophiel](https://boards.straightdope.com/u/Jophiel)\
**Post date:** [January 6, 2023, 7:12pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/13 "2023-01-06T19:12:13Z")

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We have Senators, right? Not asked as a pedantic gotcha, I’m literally wondering if there’s some rule preventing the senators from being sworn in until we have a Speaker in the House.

(Edit: It occurs to me that, unlike the House, the senators have a staggered term so 2/3s of them are previously sworn in and still serving existing terms anyway)

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**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\
**Post date:** [January 6, 2023, 7:13pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/14 "2023-01-06T19:13:37Z")

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It’s weird that electing a Speaker comes before swearing in the new House members. I would think swearing them in would be the first thing done.

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**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\
**Post date:** [January 6, 2023, 7:14pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/15 "2023-01-06T19:14:11Z")

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The Speaker is the one who swears them in.

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**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\
**Post date:** [January 6, 2023, 7:22pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/16 "2023-01-06T19:22:47Z")

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Yeah, it’s a way the US House is different from many state Houses. In those, the Clerk functions as Speaker Pro Tem and swears in everyone **then** the members elect their officers. Here basically you first have a Meeting Of The Elected to select a Speaker **before** constituting themselves.

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**Author:** ![Marvin\_the\_Martian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/marvin_the_martian/32/2898_2.png) [@Marvin\_the\_Martian](https://boards.straightdope.com/u/Marvin_the_Martian)\
**Post date:** [January 6, 2023, 8:26pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/17 "2023-01-06T20:26:45Z")

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> [@Jophiel](#):
>
> We have Senators, right? Not asked as a pedantic gotcha, I’m literally wondering if there’s some rule preventing the senators from being sworn in until we have a Speaker in the House.

Senators were sworn in on January 3.

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**Author:** ![Marvin\_the\_Martian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/marvin_the_martian/32/2898_2.png) [@Marvin\_the\_Martian](https://boards.straightdope.com/u/Marvin_the_Martian)\
**Post date:** [January 6, 2023, 8:36pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/18 "2023-01-06T20:36:15Z")

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> [@Czarcasm](#):
>
> How binding are the concessions McCarthy has agreed to with the “Never Kevins”?  
> What is/are the likely result(s) if he reneges on any/all of them if he takes office?

In 1923 the agreement between the majority and the insurgents was read into the house record before the final vote for Speaker. Also recorded was the majority leader (who wasn’t the candidate for Speaker) accepting the agreement. Back then the Speaker was supposed to be non-partisan, or at least appear so. Thank Newt for changing that.

The 1923 insurgents were a cohesive bloc who wanted the House rules to put limits on the power of the Speaker. What they got was an agreement that the 2021 rules would remain in place for 30 days, during which time a new set of rules would be negotiated in good faith.

ETA: Relevant page from the 1923 Congressional Record:

[https://www.congress.gov/bound-congressional-record/1923/12/05/house-section](https://www.congress.gov/bound-congressional-record/1923/12/05/house-section)

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [January 6, 2023, 8:38pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/19 "2023-01-06T20:38:39Z")

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McCarthy’s promises aren’t binding, but anything that gets written into the House rules is, at least until a majority votes to change the rules (and lots of luck getting a majority of this House to agree on anything).

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**Author:** ![Marvin\_the\_Martian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/marvin_the_martian/32/2898_2.png) [@Marvin\_the\_Martian](https://boards.straightdope.com/u/Marvin_the_Martian)\
**Post date:** [January 6, 2023, 8:45pm UTC](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794/20 "2023-01-06T20:45:43Z")

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The House needs to approve the rules (I think it is the second thing after selecting a Speaker and the first thing after swearing in). Here’s an article about the adoption of rules for the last Congress:

> **[House adopts rules package for 117th Congress - Roll Call](https://rollcall.com/2021/01/04/house-adopts-rules-package-for-117th-congress/)**
>
> The House approved its rules package for the 117th Congress on a partisan vote, after dispensing with several GOP attemtps to derail the measure.

So yes if McCarthy reneges on his promises the gang of 5 or 7 or 20 or whatever can vote against them and we’re back to a shit show, although enough Dems could theoretically vote in favor of the rules in order to neuter the wackus maximus contingent.

[Next page](https://boards.straightdope.com/t/concerning-the-mccarthy-concessions-to-become-house-speaker/977794.md?page=2)
