Current:Home > InvestCan a non-member of Congress be speaker of the House?-InfoLens
Can a non-member of Congress be speaker of the House?
View Date:2024-12-23 12:02:24
As Republicans in the House of Representatives debate who should lead the lower chamber, it's notable that the House speaker — who is second in line for the presidency — doesn't have to be a member of Congress.
The House has never been led by a non-member in its 234 years of existence, according to the Congressional Research Service, and experts say a non-member speaker is still unlikely. But it is possible.
The House is currently without a speaker after Kevin McCarthy was removed from the position in a vote on Tuesday, the first time in history a speaker has been removed via a no-confidence vote. Rep. Patrick McHenry, a close ally of McCarthy's, has been named speaker pro tempore, while Reps. Steve Scalise and Jim Jordan have both announced they are running to be the next speaker.
The Constitution has very few requirements to be House speaker. The person must be nominated by a member of the House, then chosen by a majority of the full membership of the House. For a House with 435 members, that's 218 votes, although there are two vacancies right now.
"The House of Representatives shall chuse their speaker and other officers," the Constitution reads.
Could Trump actually become speaker of the House?
The far-right GOP Rep. Troy Nehls of Texas announced this week that he would nominate Trump to be speaker. The former president hasn't ruled out the idea, and Trump received some placatory nominations in the speaker's election in January.
But the Republican conference's rules for the 118th Congress suggest Trump could be ineligible to serve as speaker. At the beginning of the year, House Republicans adopted a set of rules including Rule 26, which says a member of leadership who has been indicted for a felony that could carry a sentence of two or more years in prison "shall" vacate their position. Trump faces 91 felony charges across his four criminal state and federal court cases.
"A member of the Republican Leadership shall step aside if indicted for a felony for which a sentence of two or more years imprisonment may be imposed," the Republican conference rules for the 118th Congress state.
But internally adopted rules can be changed, or ignored, and the Republican conference could do so if they choose.
"A lot of people have been calling me about speaker," Trump said Wednesday morning outside a New York City courthouse for the New York attorney general's civil fraud trial against him. "All I can say is we will do whatever is best for the country and other Republican Party and people."
Trump also told Fox News Digital that he has been asked if he would "take it for a short period of time," and said he "will do it if necessary."
- Kevin McCarthy has been ousted as speaker of the House. Here's what happens next.
In the summer of 2021, Democratic Rep. Brendon Boyle introduced a bill that would have allowed only House members to serve as speaker. At the time, Trump called the idea that he might try to become speaker "so interesting." The bill did not become law.
What names have been floated to be the new House speaker?
Although more House Republicans are likely to jump into the race to replace McCarthy, House Majority Whip Steve Scalise and Rep. Jim Jordan are the ones who have formally announced their candidacies.
For now, House Financial Services Committee Chairman Rep. Patrick McHenry is serving as speaker pro tempore, a temporary position with limited power that does not appear to allow legislation to pass the lower chamber.
"The House is largely paralyzed at this point," Republican Rep. Garrett Graves told CBS News on Wednesday.
- In:
- United States Congress
- Kevin McCarthy
Kathryn Watson is a politics reporter for CBS News Digital based in Washington, D.C.
veryGood! (2)
Related
- Multi-State Offshore Wind Pact Weakened After Connecticut Sits Out First Selection
- Angel Dreamer Wealth Society: Empowering the Future, Together with Angel Dreamer
- Save Up to 71% on Amazon Devices for October Prime Day 2024 -- $24 Fire Sticks, $74 Tablets & More
- 'Dancing With the Stars' Anna Delvey elimination episode received historic fan votes
- Homes of Chiefs’ quarterback Mahomes and tight end Kelce were broken into last month
- Reese Witherspoon and Ryan Phillippe's Daughter Ava Phillippe Reveals How to Pronounce Her Last Name
- Trump calls Maine Gov. Janet Mills a man in a mistake-riddled call to supporters, newspaper reports
- Georgia State Election Board and Atlanta’s Fulton County spar over election monitor plan
- Bull doge! Dogecoin soars as Trump announces a government efficiency group nicknamed DOGE
- 2 plead not guilty to assaulting ex-NY governor. Defense says they aimed to defuse conflict
Ranking
- Louisiana man kills himself and his 1-year-old daughter after a pursuit
- When is an interview too tough? CBS News grappling with question after Dokoupil interview
- In final rule, EPA requires removal of all US lead pipes in a decade
- When is an interview too tough? CBS News grappling with question after Dokoupil interview
- RHOBH's Kyle Richards Addresses PK Kemsley Cheating Rumors in the Best Way Possible
- Colorado’s Supreme Court dismisses suit against baker who wouldn’t make a cake for transgender woman
- Best October Prime Day 2024 Athleisure & Activewear Deals – That Are Also Super Cute & Up to 81% Off
- Keith Urban Reacts to His and Nicole Kidman’s Daughter Sunday Making Runway Debut at Paris Fashion Week
Recommendation
-
13 Skincare Gifts Under $50 That Are Actually Worth It
-
Milton’s storm surge is a threat that could be devastating far beyond the Tampa Bay region
-
Investigation finds widespread discrimination against Section 8 tenants in California
-
Investigation finds widespread discrimination against Section 8 tenants in California
-
Louisiana House greenlights Gov. Jeff Landry’s tax cuts
-
In ‘Piece by Piece,’ Pharrell finds Lego fits his life story
-
October Prime Day 2024: 28 Best Travel Deals on Tumi, Samsonite, Travelpro & More Essential Packing Gear
-
Chipotle brings back ‘Boorito’ deal, $6 burritos on Halloween