What if the U.S. House fails to select a speaker by Jan. 6, 2025? This vulnerability poses a unique challenge in terms of measurement. The situation did not arise as an issue in 2021.
Just two years ago, an unusual situation occurred during an internal Republican conflict over the party’s leadership in the House following the midterm elections.
The incoming Congress is set to take office on January 3, 2025, just a few days before January 6th.
“We are actively investigating these types of questions,” said Rep. Joe Morelle, a New York Democrat and ranking member on the House Administration Committee, in an interview with CBS News.
Morelle emphasized that the panel’s Democrats are diligently studying historical precedents and conducting tabletop exercises to ensure preparedness for any attempts by supporters of former President Donald Trump to challenge and potentially overturn election results.”
According to Morelle, he refrained from providing detailed information about the sensitive topic to avoid giving people ideas.
According to a group of constitutional law experts interviewed by CBS News, the Constitution does not provide a specific solution for a political standoff like this.
According to Graber, the author of the 2013 book “A New Introduction to American Constitutionalism,” the framers of the Constitution probably assumed that Congress would successfully organize itself and elect its own officers. However, there is uncertainty about what would happen if Congress were unable to get organized.
According to Berman, the 12th Amendment of the Constitution mandates that Congress certifies the vote. However, it remains uncertain whether the House must select a House speaker or approve formal House rules in order to fulfill its responsibility.
According to Rep. Jamie Raskin, a Democrat from Maryland and a constitutional law expert, the mandate of the Constitution cannot be disregarded due to internal political disputes or House procedures. Raskin emphasized that the House rules should not supersede the constitutional directives, stating, “We must ensure that the Constitution is being upheld.”
In an effort to address the ambiguity and potential weaknesses surrounding the electoral certification process on January 6, Congress took action in 2022 by enacting legislation to enhance standards and establish clear guidelines for the procedure.
The law emphasizes that the vice president’s role in the electoral vote counting process is “ministerial” and does not grant them the authority to reject electors or settle disputes regarding electors.
The law has also increased the requirement for dissenters in the House and Senate to officially object to the electors submitted by states on Jan. 6. Previously, only one member from each chamber of Congress could object to a state’s electors, but now it requires one-fifth of the House and Senate to vote in favor of doing so.
The Washington, D.C.-based Campaign Legal Center and other supporters of the new law argue that the certification of the presidential election on January 6, 2025, should be insulated from any meaningful role by the House speaker.
According to CBS News, several Democrats have expressed concerns about potential exploitation of uncertainty, highlighting the lack of preparation for subterfuge on January 6, 2021.
The challenges that hindered progress in the House in 2023 may resurface once again. Projections and surveys suggest that the majority in the House could once again be quite narrow in 2025, following the 2024 elections.
At the start of the 118th Congress in January 2023, the margin stood at 221-212. A slim majority heightens the likelihood of a prolonged struggle for House speaker leadership and a potential deadlock.
Raskin expressed the need for preparation, stating, “We should be ready for various scenarios to ensure our safety.”
Meetings and research are currently ongoing in the committee’s offices, according to Morelle. He emphasized that the panel’s Democrats are committed to addressing the challenges faced in the past and ensuring that they are prepared for any potential circumstances.
