As potentially extended battles to elect new speakers of the House of Representatives become more frequent, a common fear is repeatedly expressed in the national news media that the chamber cannot act until the new speaker is chosen.
The lower chamber in the 119th Congress can function without a speaker and has done so as recently as October 2023, when former Speaker Kevin McCarthy (R-Calif.) was removed by conservative rebels led by Rep. Matt Gaetz (R-Fla.).
Rep. Patrick McHenry (R-N.C.) presided over the House as acting speaker while the House Republican Conference struggled before finally settling on Johnson to replace McCarthy.
The House convened at noon today for the first meeting of the new Legislature. The election of a speaker, the swearing-in of members, and the adoption of rules under which the chamber will operate are the first orders of business.
Fears that Johnson may be unable to keep the gavel are justified, thanks to the narrow Republican majority of 219–215. If all 435 members are present and voting, Johnson cannot afford to lose more than one vote.
Rep. Thomas Massie (R-Ky.) insists that he is a “hard no” on Johnson and half a dozen other conservatives such as Rep. Chip Roy (R-Texas) have held back on committing their votes either way.
Congress is required by the Constitution to meet in a joint session on Monday to count the Electoral College votes.
So, is it true the House can do nothing without first electing a new speaker and thus would be unable to do its duty on the Electoral College?
According to Matt Glassman—formerly a legislative procedures analyst for the Congressional Research Service (CRS) and now a professor at Georgetown University’s Government Affairs Institute—the answer is no. The House sets its own rules and can operate largely as the majority decides.
“The House can do whatever it wants,” Glassman told The Epoch Times. “Remember, at noon today, Johnson is no longer a leader in Congress, they are all just Members-elect, and the Clerk of the House is in the chair, and the highest privilege the Members-elect have is to try to elect a Speaker.”
Glassman said that “anyone who wants to demand that they keep ... trying to elect someone can, but by resolution someone can make a motion on the House floor to either elect a Speaker Pro Tem, a temporary Speaker, or they can just elect someone as an actual Speaker, but with a common agreement that he or she will step down in three days.”
If the House majority was unable to exercise either of those options, Glassman said, then they could vote for a new rule making it possible to be sworn in before a new speaker has been elected. A temporary chairman could then be chosen for the specific purpose of participating in the joint session with the Senate on Monday.
In other words, the House does not shut down without a speaker.
