How is the House of Representatives organized?

[Francis_Vaughan]

@Lord_Feldon

It’s in Article VI:

Darn - and I really did look for it.

I would assume that a legislature that attempted to pass laws would run into challenges to those laws if they had not taken the oath, but probably for the purposes of the bootstrapping of the body into legitimacy, there should be no such problem.

[Gordon_G]

@Andy_L

At the start of a new Congress, those voting to elect the speaker are representatives-elect, as a speaker must be selected before members are sworn in to office; the House of Representatives cannot organize or take other legislative actions until a speaker is elected.

This is tradition (or even “rule”), NOT constitution; and a sovereign parliamentary body can set its own rules at any time. They could have the janitor administer the oath if 51% agreed.

It was silly the way HofR wasted days before the swearings-in, with families taking time off from their own busy schedules, waiting for the photo-op.

[Andy_L]

I wonder if they aren’t a sovereign body until they are sworn in - so they couldn’t change the rules until after changing the rules wasn’t necessary. Silly, I agree

[Saint_Cad]

@Gordon_G

This is tradition (or even “rule”), NOT constitution; and a sovereign parliamentary body can set its own rules at any time.

No it is the law. 2 USC 25
I’ve posted the law above and even alluded to the fact that it is a law and not a house rule may make it unconstitutional.

@Gordon_G

They could have the janitor administer the oath if 51% agreed.

Not even that many. All you need is a majority which, if everyone voted, is 218 votes. Not 222 (51%).

@Andy_L

I wonder if they aren’t a sovereign body until they are sworn in - so they couldn’t change the rules until after changing the rules wasn’t necessary. Silly, I agree

You know, this is like the Yellowstone Zone of Death. Everyone agrees it is a potential problem and they could easily change the law to make it workable, but they don’t. Pure laziness.