The midterm elections are still days away, but two Republican lawmakers are already discussing a controversial way to challenge certain Democrats who win seats in the House of Representatives.
Rep. Keith Self of Texas has suggested that he could invoke a rarely used congressional procedure to question whether incoming members associated with the Democratic Socialists of America should be allowed to take the oath of office.
The argument is that candidates who support replacing the current Constitution cannot sincerely promise to defend it.
“You cannot swear an oath to support and defend the Constitution while actively working to destroy it,” Self told Fox News Digital.
“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.”
Self also argued that the House has a responsibility to examine whether members-elect intend to honor their constitutional obligations.
The proposal goes beyond political rhetoric. The Center for Renewing America, a conservative organization founded by Trump administration budget chief Russ Vought, has outlined a process for challenging an incoming member’s eligibility to take the oath.
Under the theory, a member-elect could object to another incoming lawmaker being sworn in. The objection could prompt a debate over the individual’s qualifications and potentially a House vote.
That would be a significant departure from the customary opening of a new Congress, when members are generally sworn in together.
And Self isn’t the only Republican entertaining the idea.
Rep. Tim Burchett of Tennessee previously told the New York Post that he intends to challenge Democratic nominee Darializa Avila Chevalier if she wins New York’s 13th Congressional District.
Burchett’s objection centers on a since-deleted 2019 social media post in which Chevalier described wiping her hands on an American flag after forgetting napkins. She has since expressed regret over the remark.
Burchett has argued that the episode raises questions about her willingness to uphold the Constitution.
But there is a substantial legal obstacle to these efforts.
In the landmark 1969 decision Powell v. McCormack, the Supreme Court ruled that the House cannot refuse to seat a duly elected member who satisfies the qualifications established by the Constitution.
Those qualifications concern age, citizenship and residency. Political ideology is not among them.
The Constitution also provides a lawful amendment process. Supporting changes to the nation’s founding document does not, by itself, establish that a candidate is constitutionally disqualified from serving in Congress.
That distinction matters because the proposed challenges would ask lawmakers to judge whether another elected representative’s political beliefs make their oath unacceptable.
The dispute could also depend heavily on who controls the House when the new Congress convenes in January.
If Democrats win a majority and elect Hakeem Jeffries as speaker, he could reject such challenges. Republican Speaker Mike Johnson could also decline to entertain them if his party retains control.
Johnson has already pushed back against the suggestion that Republicans would refuse to seat elected Democrats, calling the broader claim a “nonsense narrative” and saying the House would follow the law.
There is no evidence that Republican leadership has formally adopted a plan to exclude Democratic election winners.
Still, Self’s public comments and Burchett’s stated intentions show that the idea is being discussed before voters have even cast their final ballots.
The stakes extend beyond the individual candidates being targeted.
If voters elect someone who meets the Constitution’s requirements for office, a challenge based on that person’s political beliefs could trigger a confrontation over the limits of congressional authority and the rights of the district’s electorate.
For now, the threatened challenges remain hypothetical. Their success would depend on the election results, House leadership and potentially the courts.
But the possibility of a fight over seating elected representatives is already becoming part of the battle surrounding the 2026 midterms.
Sources
- Fox News — October 29, 2026
Little-known rule could stop socialists from being sworn into Congress - The Daily Beast — October 30, 2026
MAGA Hatches Sinister Plot to Block Election Winners - New York Post — October 3, 2026
Rep. Burchett planning to block NYC socialist Chevalier from Congress after she claimed to use American flag as napkin - U.S. Supreme Court — Powell v. McCormack (1969)
Landmark ruling on Congress’s authority to exclude duly elected members.
