OK...IF Hastert resigns as speaker, how does this work?

[trof]

Does congress have to be in session to elect a new speaker?
Or can the repugs just caucus and vote among themselves (from 'remote' locations?) and vote in a new speaker?

Thanks in advance to our politics nutz & boltz mavens.

[jean]

1. wouldn't the Boner be next in line? He's House Majority Leader .

[Renew Deal]

3. I wouldn't count on that happening.

They'll probably pick someone elderly to ride things out.

[jean]

6. that sounds about right. I've seen mention of Henry Hyde, who is not

running for re-election and has trouble walking. He was one of the managers during Clinton's impeachment trial and his mantra was 'rule of law.'

[Renew Deal]

2. Congress would have to be in session.

I don't think this is the kind of emergency that should drag them back to washington, but who knows.

[trof]

4. Hmmm...this would interrupt campaigning.

Wonder which party would benefit most?

[Tansy_Gold]

9. Speaker of the House is 3rd in line to succeed

if something happens to president and vp.

IF the pukes want to campaign on fear, then they had better make sure their asses are covered by having the line of succession clear. IF, otoh, they consider everything safe and normal, they could probably hold off.

My money is that if Hastert resigns, the pukes will call a special session to elect a new speaker. That keeps their culture of fear intact. And since they're going to elect a puke anyway, it doesn't matter if the Dems show up (unless there's a need for a quorum, and I'm not clear on that at all). So it seems to me that it would hurt the pukes even if it only pulled them away from campaigning for a day, but it might also help them because they would be seen as taking action to oust a vermin from their leadership. That appears to be the biggest complaint against them at this point -- that they knew about Foley AND that they didn't do anything.

So it's probably a toss-up as to political advantage for the pukes.

But I'm jus' speculatin'

Tansy Gold

[onenote]

20. a quorum is always necessary

218 members (a majority) of the House are needed to make up a quorum. However, a quorum is assumed to be present unless someone raises the issue. So, in theory, a new speaker could be selected even if most members were still on the campaign trail

[Chipper Chat]

5. Do you suppose Newt will just muscle his way in?

Or hey, how 'bout Alan Keyes?
(Think outside the box)

[jean]

7. he's not an elected official at moment, wouldn't he have to be a member

of Congress?

[Virginia Dare]

11. No, the speaker doesn't have to be...

http://en.wikipedia.org/wiki/Speaker_of_the_United_States_House_of_Representatives


The office of Speaker was created by the Constitution of the United States. The Speaker is elected by the House of Representatives, and is its highest-ranking officer. Although it is not a Constitutional requirement, as a practical matter the Speakership always belongs to the majority party, and is that party's leader, outranking the House Majority Leader. Likewise, there is no Constitutional requirement that the Speaker even be an elected representative in the Congress.

[jean]

21. ugh. I really don't relish having Gingrich in control of anything.

[Chipper Chat]

12. Actually no, he or she doesn't.

There is no rule that says the speaker has to be an elected member of the body. And even if it did, since when do republicans care about rules?

[northzax]

13. nope.

while it has never happened, the Constitution only states that, "The House of Representatives shall chuse their Speaker and other Officers..." (1:2.5) it doesn't say that Speakers and other offices have to be members of the House.

technically, that is.

Yes, the House needs to be in session, since it is a floor vote, not a caucus vote.

[madokie]

8. Who do they have who could stand up to the scrutiny

they should be subjected to?

[madinmaryland]

10. I don't think Congress will convene until after the election.

In the mean time nothing would happen. After the election, if they do have a lame duck session prior to the new congress being installed in early January, they would elect a new speaker for the duration of the lame duck session.

Depending on who wins the House, would probably determine who is elected for this session.

[onenote]

16. we have a winner

Good analysis, with one minor quibble: even if the Democrats gain control of a majority of Congress, the repubs will still be in the majority for the lame duck session. The Democrats probably will allow the repubs to elect someone like Hyde to be speaker for the remainder of the session

[madinmaryland]

24. That's correct.

The Repubs will have control of the lame duck and will make the selection. If they lose the house, I assume there will be quite a bit of disarray over the leadership of the lame duck congress. It could actually be kind of amusing watching them after a loss like this.

My feeling is Hastert will stick it out and act as the "lightening rod" and take the blame for this congress. "Fall on the sword" for the pubbies.

[in_cog_ni_to]

14. A man on C-SPAN this morning said Hastert has a secret list of people.

It's part of the procedure for a temporary Speaker of the House. When he was elected he made a secret list of people he would want to lead (only Hastert and a few others know who is on the list) and that list is locked in a safe. They or he? chooses who will lead TEMPORARILY. In this case Temporary means...UNTIL NOVEMBER because they're TOAST.

[onenote]

18. the man on C-SPAN probably doesn't know what he's talking about

It takes a vote of the House to elect the speaker, not Denny Hastert's secret list.

[trof]

15. Interesting: Does not have to be member of the house.

The Speaker, committee chairmen, and some other officials are generally from the majority party; they have counterparts (for instance, the "ranking members" of committees) in the minority party.

The Constitution provides that the House may choose its own Speaker. Although not explicitly required by the Constitution, every Speaker has been a member of the House. The Constitution does not specify the duties and powers of the Speaker, which are instead regulated by the rules and customs of the House. The Speaker has a role both as a leader of the House and the leader of his party (which need not be the majority party). Under the Presidential Succession Act (1947), the Speaker is second in the line of presidental succession behind the Vice President.
http://en.wikipedia.org/wiki/United_States_House_of_Representatives

[KharmaTrain]

23. Remember, This Was Designed For No Party Or Many...

The Parlimentary system was their only model and they left the otpion option there'd be third or fourth parties that could swing votes by aligning with one or more of the other parties...thus it left the door open that a Speaker could be judge...non-partisan...not like the Prime Minister position it has now become.

I think the position would move the next person down the ladder up until a new Speaker is elected...just like how Vice President remained vacant. The House could reconvene in emergency session before the election, but why bother. If the GOOP loses control I suspect Boenner will take over for the duration...but if the GOOP stays in charge, all bets are off. One thing's for certain, we're gonna have to watch this lame duck session cause the pork barrel and ear marking will be fast and furious.

Cheers...

[Horse with no Name]

17. My gut feeling is that he isn't going to resign

Just like Bush isn't going to resign. Just like Rove isn't going to resign. Just like Rumsfeld isn't going to resign.
These people are drunk with power. To resign admits defeat.
This isn't something that they are going to do.
They will point fingers and blame everyone else except themselves.
To expect them to do the right thing is kind of like expecting the Easter Bunny to pinch hit for Santa.

[onenote]

19. Unless some new info comes out, I think you are right

[LynneSin]

22. If he resigns and there is a vote before the elections....

MY FRICKING MODERATE REPUBLICAN REPRESENTATIVE, MICHAEL CASTLE, ALONG WITH ALL THE OTHER MODERATES BETTER BAN TOGETHER AND DEMAND THAT THEY WANT A MODERATE RUNNING THE HOUSE. I DON'T CARE IF CASTLE IS PRO-CHOICE, PRO-ENVIRONMENT ETC. WHEN HE KEEPS SUPPORTING THE LAME ASS REPUBLICAN CONSERVATIVE LEADERSHIP

Dennis Spivak 2006!!