As the House Republicans debate the leadership of the lower chamber, it’s worth noting that the House speaker, who is second in line for the presidency, doesn’t have to be a member of Congress.
In its 234 years of existence, the House has never been led by a non-member, as per the Congressional Research Service. Experts believe that it is unlikely for a non-member to become the speaker, but it is not impossible.
Currently, the House is without a speaker after Kevin McCarthy was removed from the position through a no-confidence vote, marking the first time in history that a speaker has been removed this way. Rep. Patrick McHenry, a close ally of McCarthy’s, has been named speaker pro tempore. Meanwhile, Reps. Steve Scalise and Jim Jordan have both announced their candidacy for the next speaker.
The Constitution sets few requirements for the House speaker. The person must be nominated by a member of the House and chosen by a majority of the full membership, which is currently 218 votes considering the House has 435 members (excluding two vacancies).
“The House of Representatives shall chuse their speaker and other officers,” as stated in the Constitution.
Could Trump actually become speaker of the House?
Far-right GOP Rep. Troy Nehls of Texas recently announced his intention to nominate Trump as speaker. Trump himself hasn’t ruled out the idea and received some nominations in the previous speaker’s election in January.
However, the rules for the 118th Congress suggest Trump may be ineligible to serve as speaker. Rule 26 of the House Republicans’ adopted rules states that a member of leadership who has been indicted for a felony carrying a sentence of two or more years in prison “shall” vacate their position. Trump currently faces 91 felony charges across his various criminal cases.
Nevertheless, internal rules can be changed or ignored, so the Republican conference could make an exception if they choose to do so.
“A lot of people have been calling me about speaker,” Trump said outside a courthouse in New York City where he is facing the attorney general’s civil fraud trial. “All I can say is we will do whatever is best for the country and the Republican Party and people.”
Trump also mentioned in an interview with Fox News Digital that he has been asked if he would consider serving as speaker for a short period, to which he responded that he would do it if necessary.
In 2021, Democratic Rep. Brendon Boyle introduced a bill that would have restricted the speaker position to House members only, prompting Trump to note how interesting it would be if he attempted to become speaker. However, the bill did not become law.
Who are the potential candidates for the new House speaker?
While it is likely that more House Republicans will enter the race to replace McCarthy, Rep. Steve Scalise and Rep. Jim Jordan are the only ones who have formally announced their candidacies.
For now, Rep. Patrick McHenry is serving as speaker pro tempore, a temporary position with limited power that does not allow for the passage of legislation.
“The House is largely paralyzed at this point,” Republican Rep. Garrett Graves told CBS News.
Kathryn Watson
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