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Rep. David Joyce is exploring options to give more powers to Rep. Patrick McHenry instead of electing Rep. Jim Jordan as Speaker of the House, but doing so would both empower Rep. Hakeem Jeffries to protect the Biden agenda and would remove the only Republican from the line of presidential succession, ensuring complete Democrat control of the United States under all circumstances until at least 2025.
But under the Constitution, this plan would cut the only Republican out of the entire line of presidential succession, leaving only 18 Democrats as the actual or potential head of state and commander-in-chief until after the 2024 presidential election. The House parliamentarian has reportedly decided that the Joyce plan could vest McHenry with all the powers of the Speaker’s office, but that is legally incorrect. The parliamentarian can give advice on House Rules under the Rules Clause of the Constitution, but only a statute passed by both chambers of Congress and signed by the president is a “Law” that satisfies Article II of the Constitution.
But it can only be a person with the true title of Speaker, not Speaker Pro Tempore or Acting Speaker. So if McHenry – or anyone else – is sitting in the Speaker’s chair as anything other than the true Speaker elected by a roll call vote of the House, then after Biden and Harris the powers of the presidency would bypass the House altogether, going to Sen.
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