Possible Congressional Maneuver Against DSA Members

A little-known congressional strategy may prevent Democratic Socialists of America (DSA) members from joining the House of Representatives next year, despite winning elections. Newly elected members must take an oath to uphold the Constitution before officially joining the House. This oath is typically taken by all 435 members at the start of a new Congress, led by the House Speaker.

In conservative circles, there is an argument that a member-elect can challenge another’s right to be sworn in if there is evidence they won’t uphold their oath. This leads to House deliberations and a vote on the member-elect’s right to the oath. For DSA members, one argument is their platform to replace the current Constitution. Several DSA members have won primaries nationwide.

“You cannot swear an oath to support and defend the Constitution while actively working to destroy it. The oath of office is not just words you say at a ceremony. It is a belief. It is an oath to our country and our fellow countrymen,” said Rep. Keith Self, R-Texas.

Rep. Self expressed that the House has a duty to ensure the oath is taken in good faith, without intention to evade. He warns against allowing individuals committed to replacing the Constitution to assume power. The term “Red-Green Alliance” refers to cooperation between far-left groups and radical Islamic entities.

According to the Center for Renewing America, a challenge to a member-elect’s oath fitness could lead the House Speaker to request the member-elect to step aside for debate. The House would then vote on a resolution about the member-elect’s commitment to the constitutional order, potentially preventing them from the oath.

The theory relies on several factors. Should House Minority Leader Hakeem Jeffries, D-N.Y., become Speaker, he may dismiss the challenge. Speaker Mike Johnson, R-La., could do the same with a Republican majority. Johnson dismissed the idea of refusing to seat elected Democrats, stating they will follow the law.

This maneuver challenges the electorate’s will, contradicting previous Supreme Court rulings. The 1969 Powell v. McCormack case stated the House can’t exclude a candidate meeting age, residency, and citizenship requirements from the oath.

The case involved Adam Clayton Powell Jr., denied his oath for financial scandals. The House barred him, but the Supreme Court overturned the decision.

Despite this, Republicans consider revisiting the maneuver. Rep. Tim Burchett, R-Tenn., indicated plans to block Darializa Avila Chevalier due to a deleted 2019 post where she disrespected the American flag. Chevalier unseated a senior House Democrat in a victory and is likely to win her general election.

Whether such efforts succeed, the threats highlight the partisan tension ahead of Congress’s next session following the midterms.

Elizabeth Elkind reports on the House of Representatives for Fox News Digital, with previous bylines at the Daily Mail and CBS News. Follow her at @liz_elkind or email at [email protected].