How is the Speaker of the House selected?

[Simplicio]

There was a case in the Tennessee legislature where the GOP held one house by a single seat. The Dems all voted for a moderate Republican as speaker who was not the person the GOP caucus themselves had decided to support. The Dems choice as speaker then voted for himself, giving him the speakership by one vote.

[Saint_Cad]

@muldoonthief

Section 1.6 gives Congress the power to declare a line of succession if both the President and VP die, but the succession isn’t spelled out in the Constitution itself. Congress could make up whatever succession rules they want - give it to the governor of the largest state, or the runner up in the previous Presidential election, or the Washington D.C. dogcatcher.

Absolutely incorrect!

the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

So it must be an Officer in the government (legislative, executive or judicial) and not a guy off the street or a governor or former candidate.

[alphaboi867]

How does the actual election work? Does the minority party just abstain or will they all vote for their own candidate for symbolic reasons?

[muldoonthief]

@Saint_Cad

Absolutely incorrect!
So it must be an Officer in the government (legislative, executive or judicial) and not a guy off the street or a governor or former candidate.

Except that Officer isn’t defined in the Constitution. I think my main point stands though - the order of succession after VP is created by Congress, and could be changed by Congress - there’s nothing the Constitution that sets the order of succession.

[Freddy_the_Pig]

@alphaboi867

How does the actual election work? Does the minority party just abstain or will they all vote for their own candidate for symbolic reasons?

No, the minority party nominates its party leader, and the minority members vote for the same, but of course they lose. Assuming the Democratic caucus of the incoming House of the 112th Congress chooses to retain Pelosi as party leader, she will be nominated and lose. Boehner has “run” in the previous two elections and lost.

[Ravenman]

Here is the text of how it happened in 2007, when Pelosi was elected Speaker. I’ve snipped a few parts for brevity:

The CLERK. Pursuant to law and precedent, the next order of business is the election of the Speaker of the House of Representatives for the 110th Congress.

Nominations are now in order.

The Clerk recognizes the gentleman from Illinois (Mr. Emanuel).

Mr. EMANUEL. Madam Clerk… as chairman of the Democratic Caucus, I am directed bythe unanimous vote of that caucus to present for election to the office of the Speaker of the House of Representatives for the 110th Congress the name of the Honorable NANCY PELOSI, a Member-elect from the State of California.

The CLERK. The Clerk now recognizes the gentleman from Florida (Mr. Putnam).

Mr. PUTNAM. Madam Clerk … as chairman of the Republican Conference, I am directed by the unanimous vote of that conference to present for election to the office of Speaker of the House of Representatives for the 110th Congress the name of the Honorable JOHN A. BOEHNER from the State of Ohio.

The CLERK. The Honorable NANCY PELOSI, a Member-elect from the State of California, and the Honorable JOHN A. BOEHNER, a Member-elect from the State of Ohio, have been placed in nomination.

Are there further nominations? There being no further nominations . . . the roll will now be called, and those responding to their names will indicate by surname the nominee of their choice.

The CLERK. The tellers agree in their tallies that the total number of votes cast is 435, of which the Honorable Nancy Pelosi of the State of California has received 233 and the Honorable John A. Boehner of the State of Ohio has received 202.

Therefore, the Honorable Nancy Pelosi of the State of California is duly elected Speaker of the House of Representatives for the 110th Congress, having received a majority of the votes cast.

[Little_Nemo]

@UDS

The assumption is that the Republicans, as the majority party, will put their own leader in a speaker. Boehner is currently the minority leader, i.e. the leader the Republicans as the current minority party have chosen for themselves. The further assumption is that the Republicans will not decide to change their leader at this point. History suggests that both of these assumptions are reasonably safe.

Hasn’t it also become a tradition the the reverse is not true? That Speakers who lose the majority resign from their leadership position rather than serve as minority leader?

Hastert did not run for minority leader in 2007 and Joseph Martin was replaced by Charles Halleck in 1959. (Tom Foley wasn’t eligible to be minority leader because he was voted out of office as well as losing the majority in 1994.) And many people think that Pelosi will be replaced rather than serve as minority leader.

[Cliffy]

@Little_Nemo

And many people think that Pelosi will be replaced rather than serve as minority leader.

Nobody who is paying attention.

–Cliffy

[Little_Nemo]

@Cliffy

Nobody who is paying attention.

Yeah, ABC, CBS, the Huffington Post, NPR, the New York Times and the Washington Post are all so uninformed.

[dalej42]

Democrat James Traficant once voted for Republican Dennis Hastert as Speaker. He was stripped of all of his committee assignments and was later expelled from the House after being convicted of bribery charges.