Between the scandals of Democratic Rep. Ilhan Omar (MN-5) and the various assorted Dan Sullivans being found in Alaska, courtesy of Democrat Senate candidate Mary Peltola, the 2026 midterm election cycle has definitely been interesting. But there may be one more tidbit of interest on the horizon if Democratic Socialists of America (DSA) candidates are elected in their respective races and prepare to be seated in the 120th Congress in January.
Just because Democrat Socialist of America candidates and Red-Green Alliance members win their elections doesn’t automatically mean they can take office. They must take the Oath of Office and that event can stop any elected representatives from taking office.
— Buckets522 (@TubbsBill) October 29, 2026
At the beginning of each new Congress, new members are sworn in. Typically, what happens is that all 435 members, new and old, take the Oath to uphold the Constitution en masse, which is led by the Speaker of the House. But a new debate is taking place among conservatives that any member-elect can challenge the seating of another member-elect if there is enough evidence brought forth that the member whose seating is being challenged would not uphold their oath to the Constitution.
Should that happen, there would be a House-wide debate, followed by a vote over whether that member-elect has the right to be sworn in. One of the main arguments for invoking the rule is the case of DSA candidates. Many of those candidates won their respective primaries and are now campaigning on getting rid of the Constitution in its current form and crafting a new one. Republican Rep. Keith Self (TX-3) has stated that he may invoke the edict, telling Fox News Digital:
"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...Anyone who has personally embraced the destruction of the Constitution has no business being sworn in to uphold it."
Once the challenge has been brought forth, the Speaker would ask the member-elect in question to step aside while debate begins. Then, according to the Center for Renewing America:
"The objecting member should place the documentary record before the House, and the House should debate whether that evidence establishes that the member-elect remains committed to destroying the constitutional order."
Zohran Mamdani says socialism is the future of the Democratic party. “What these candidates offer is a vision that extends beyond the midterms, that extends beyond 2028.” https://t.co/WpqOAjrDBA
— DSA Watch (@DSA_Watch) June 29, 2026
If House Minority Leader Hakeem Jeffries (NY-8) becomes Speaker or current Speaker Mike Johnson (LA-4) retains his position, either one has the option to dismiss any such challenge. Then there is the argument that a challenge goes against the will of the people who elected the member-elect being challenged. Any such challenge would also go against Supreme Court precedent.
It's probably a safe bet that Democrats would have no such problem issuing such a challenge. Republicans might also have the chutzpah to issue the challenge, but would GOP leadership have equal amounts of chutzpah to carry it out? For many of these candidates, campaigning on the DSA platform is ample enough evidence of possible unfitness to serve. But there are also past social media statements made by many of the candidates. Are we to believe that they have really dropped all those positions just to run for office? Not on your life.
To be clear, Speaker Johnson has already addressed the possibility with a comment earlier in October:
Johnson told reporters...the idea of him refusing to seat elected Democrats a 'nonsense narrative' and vowed, "We are going to follow the law."
But who knows?
In America, you are free to say what you believe, no matter how vile or outrageous it is. But in the case of DSA candidates, this may be the shot in the foot heard 'round the nation.
The Democrats /Socialists are telling us how they want to scrap the very things that our country has had in place for 250 yrs! DONT LET THEM IN OFFICE! https://t.co/ekDMEPtPOF
— Danny (@Danny777LV) October 29, 2026
Editor’s Note: The 2026 Midterms will determine the fate of President Trump’s America First agenda. Republicans must maintain control of both chambers of Congress.
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