Republican lawmakers are weighing potential challenges to prevent newly elected socialist candidates from taking their congressional seats following the midterm elections, reviving a debate over political ideology and constitutional eligibility.
Representative Keith Self of Texas has suggested that members of the Democratic Socialists of America (DSA) should be blocked from taking the oath of office in January if they support replacing the U.S. Constitution. Fellow Republican Representative Tim Burchett of Tennessee has similarly threatened to challenge Darializa Avila Chevalier, a socialist Democratic candidate in New York, if she wins her race.
The proposed parliamentary tactic would involve a lawmaker raising an objection before newly elected representatives are sworn in, questioning whether a member-elect genuinely intends to uphold the Constitution. The full House could then debate the objection and vote on whether to permit the member to take the oath.
Burchett’s specific threat against Avila Chevalier follows public scrutiny over a deleted 2019 social media post in which she stated she had wiped her hands on an American flag because she lacked a napkin.
The strategy, however, confronts a significant legal hurdle established decades ago. In the landmark 1969 Supreme Court ruling Powell v. McCormack, the high court ruled that Congress cannot refuse to seat a duly elected member who satisfies the constitutional requirements for office regarding age, citizenship, and residency. The court determined that Congress cannot add ideological qualifications to those established in the Constitution.
“Anyone who has personally embraced the destruction of the Constitution has no business being sworn in to uphold it,” Self said, arguing that lawmakers should not pledge allegiance to a document they aim to replace. The DSA’s political platform advocates for replacing the existing constitutional framework with a new democratic document, though group membership does not automatically mean an individual candidate endorses every tenet of the platform.
Several DSA-backed candidates have advanced through Democratic primaries, including Avila Chevalier and Claire Valdez in New York, Melat Kiros in Colorado, Donavan McKinney in Michigan, and Christopher Rabb in Pennsylvania. Incumbent socialist members of Congress, such as Representatives Alexandria Ocasio-Cortez and Rashida Tlaib, are also campaigning for reelection.
Republican leadership has downplayed the likelihood of a widespread exclusion effort. House Speaker Mike Johnson dismissed the prospect earlier this month during a campaign stop in Iowa, labeling the idea a “nonsense narrative” and emphasizing that Republicans intend to follow the law.
While the House maintains the constitutional power to expel sitting members by a two-thirds majority vote, that disciplinary mechanism is distinct from refusing to seat a certified winner. Whether individual Republican lawmakers formally object to any incoming representatives will depend on the final election outcomes and which party commands a majority when the new Congress convenes.
