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MayReasonRule

(3,903 posts)
16. Federal Judges Have Already Previously Helped Swear In Members of Congress
Thu Oct 9, 2025, 04:31 PM
Thursday



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