noblepa wrote: ↑Sun Oct 08, 2023 11:15 pm
Kriselda Gray wrote: ↑Sun Oct 08, 2023 9:26 am
I thought I'd read that as the temporary speaker he have almost the same powers as the regular dude and that they could conceivably go until Jan of 25 without actually having to elect a new one and it wouldn't affect getting their business done. This sounds totally different.
I definitely remember hearing that, as well. Someone questioned whether the house was back to the situation they were in in January, when absolutely no business could be conducted until a new speaker was elected.
Someone else replied that the difference is that, in January, since it was a new congress, with a newly minted Republican majority, there was no speaker or anyone authorized to act as speaker. The new rules that were adopted in the wake of McCarthy's election specified that the designated member, in this case, Rep. McHenry had all the authority of the actual speaker.
McHenry’s authority is determined by House Rule I, Clause 8(b)(3), which was put in place in 2003 and which reads, in part:
“In the case of a vacancy in the Office of Speaker, the next Member on the list described in subdivision (B) 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.”
Of course, McHenry may chose inaction, or be brow-beaten into inaction, using the excuse that "I'm only
acting speaker". IOW, he may be too timid to push the untested limits of the authority given him by the new rules. After all, if he allows a bill to come to the floor, or, heaven forbid, allows negotiations with the WH and the dems regarding a budget, he may find himself persona non grata when the new, permanent, speaker is finally elected. So, he may chose to do nothing, even if the rules say he can.
No.
In January the House had not been organized, there were no rules.
The Speaker Pro Tem is a law, not just floor rules and he is operating under the rules the Republicans adopted after they elected McCarthy.
Every 2 years when they swear in a anew House, the new house has to then adopt rules. The old rules don't carry over. But mostly the old rules, with the odd change, are just readopted.
not this year, the Klown Kar Kaukus demanded a lot of things, but the point is, until a Speaker is elected in January every other year, there are no rules save the Constitutional requirement that a Speaker be elected. Since they already had rules from January when they diecided to burn the house down last week, those rules are still in effect. But the House Floor Rules only apply for the 2 year term, the Law that provides for the Speaker Pro Tem is an actual law and is in effect until they decide to change it, it won't otherwise expire.