Swearing in the Phoenix: Toward a More Sensible System for Seating Members of the House of Representatives at Organization

Authors

Brian C. Kalt

Abstract

Under U.S. House precedent, any member-elect can challenge the right of

any other member-elect to take the oath of office at the beginning of a new term.

The uncontested members-elect then swear in and decide the fate of those who

were forced to stand aside. If the House is closely divided and there are

disputed elections at the margins, a minority party could exploit this procedure

to try to seize control of the House.

Repository Citation

Brian C. Kalt, Swearing in the Phoenix: Toward a More Sensible System for Seating Members of the House of Representatives at Organization, 105 Marq. L. Rev. 1 (2021).
Available at: https://scholarship.law.marquette.edu/mulr/vol105/iss1/2