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MayReasonRule

(4,021 posts)
16. Federal Judges Have Already Previously Helped Swear In Members of Congress
Thu Oct 9, 2025, 03:31 PM
Oct 2025



How a judge can swear in a House member

The typical procedure for swearing in House members is outlined in 2 U.S.C. § 25:

The Speaker-elect is sworn in by a member of the House.
The Speaker then administers the oath to all other House members en masse.

However, the House has the authority to approve alternative arrangements for members who could not be present for the mass swearing-in. In these cases, the Speaker may designate another individual to administer the oath on their behalf. The use of federal and local judges for this purpose is supported by the House's historical precedents.
Legal basis for a judge swearing in a member

Constitutional authority: The U.S. Constitution (Article VI, Clause 3) requires members of Congress to take an oath but does not specify who must administer it.
Authorization for federal judges: Under 5 U.S.C. § 2903, federal judges are authorized to administer oaths and affirmations.
House precedents: The House of Representatives has historically authorized judges to administer the oath to absent representatives, such as members elected in special elections. For example, in 2013, several federal judges swore in members of Congress who were not present for the initial ceremony.

Recommendations

1 members have recommended this reply (displayed in chronological order):

Rfn! SheltieLover Oct 2025 #1
So, what are we waiting for? no_hypocrisy Oct 2025 #2
Go for it. Swear the Rep in on the House Steps! Captain Zero Oct 2025 #3
Why wo t tbe dems do it? I wonder if they are afaid? Why wont they do it ??? Trueblue1968 Oct 2025 #18
Well lets get on with it already ! Maru Kitteh Oct 2025 #4
And?????? Let's do it! Ninga Oct 2025 #5
Be one step ahead, instead of waiting politely to the side. yellow dahlia Oct 2025 #6
That would be a nice change, wouldn't it? (nt) Paladin Oct 2025 #11
Before you can force a swearing in the election must be certified by the State Jersey Devil Oct 2025 #7
Interesting... Thank You For Pointing This Out.. I Just Checked To See... It Has Been Certified! MayReasonRule Oct 2025 #8
The swearing in cannot be "forced" onenote Oct 2025 #14
Do it Do it RFN Tribetime Oct 2025 #9
Do it. GoodRaisin Oct 2025 #10
Kick Tribetime Oct 2025 #12
No they can't. And they won't. onenote Oct 2025 #13
Oh phooey. You mean there's rules? Hekate Oct 2025 #15
Federal Judges Have Already Previously Helped Swear In Members of Congress MayReasonRule Oct 2025 #16
Supporting exactly what I posted, thank you. A judge can administer the oath only pursuant to a House resolution. onenote Oct 2025 #17
Time Will Tell... Nothing Fucking Ventured, Nothing Fucking Gained!!! MayReasonRule Oct 2025 #19
Great info SocialDemocrat61 Oct 2025 #21
I was with you until "no one" RandomNumbers Oct 2025 #20
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