McHenry assumed the position of speaker pro tempore when Kevin McCarthy was removed from the seat on Oct. 3.
Although the Constitution is silent on the authority of the House speaker or what occurs when the position is vacant, rules outlined in the House rules provide a framework for replacing the speaker. These rules, established every two years at the start of a new Congress, contain a section called House Rule 1, Clause 8. Originally enacted after 9/11 to ensure government continuity, this rule does not specifically address the current vacancy resulting from a vote to remove the speaker. However, it offers some insights into McHenry’s authority.
Upon McCarthy’s election, he created a confidential list of members who would serve in his absence under the provisions of Rule 1. McHenry was placed at the top of this list and designated as the speaker pro tempore.
The rule states the following regarding McHenry’s authority:
“In the case of a vacancy in the Office of Speaker, the next Member on the list … shall act as Speaker pro tempore until the election of a Speaker or a Speaker pro tempore. Pending such election the Member acting as Speaker pro tempore may exercise such authorities of the Office of Speaker as may be necessary and appropriate to that end.”
The interpretation of what “that end” refers to – the election of a new speaker or the exercise of the speaker’s authorities – is open to debate. McHenry and some scholars believe that he can only perform actions required for electing a permanent speaker. On the other hand, McCarthy and others argue that McHenry already possesses all the powers of a permanent speaker without needing approval from the House to exercise them.
Regardless, McHenry’s interpretation seems to have prevailed, and the House has the power to determine the next steps. There have been several proposals to enhance McHenry’s authority, including officially appointing him as speaker pro tempore, thereby granting him some powers of a permanent speaker for a brief period. Implementing such a plan would allow the House to resume regular business and begin addressing bills once again. Jordan supports a proposal to extend McHenry’s authority until Jan. 3, but there are other proposals with different timeframes.
Whether these proposals can secure majority support in the House remains to be seen. Many Republicans who attended a conference meeting on Thursday expressed opposition to such an arrangement, meaning it would require some level of support from Democrats, who are likely to demand concessions in exchange for their votes.
