A little-known congressional maneuver could be used to prevent members of the Democratic Socialists of America from being sworn into the House of Representatives next year, even if they prevail in Tuesday’s elections. The theory centers on the constitutional oath required before an elected candidate becomes a full House member.

At the opening of a new Congress, all 435 members typically take the oath together under the direction of the House speaker. An argument circulating among conservatives holds that an elected member may challenge another elected member’s right to participate if evidence shows that person would not uphold the oath.

Such an objection could trigger deliberations across the House, followed by a vote on whether the challenged candidate may be sworn in. For DSA members, supporters of the maneuver could point to the organization’s platform calling for the current United States Constitution to be scrapped and replaced with a newly drafted document.

Republican lawmakers are eyeing a little-known congressional maneuver that could block Democratic Socialists of America members from being sworn into the House — even if they win their elections next week.

The move hinges on the oath of office. Lawmaker-elects must swear to uphold the Constitution before taking their seat. But under this procedure, any member-elect can challenge another's right to be sworn in by presenting evidence that person would not honor that oath. The DSA's own platform, which calls for scrapping the current Constitution and drafting a new one, could serve as that evidence. Rep. Keith Self, R-Texas, told Fox News Digital he's considering invoking the challenge. Rep. Tim Burchett, R-Tenn., has already said he plans to use it against incoming Rep. Darializa Avila Chevalier. The move would face serious legal headwinds — the Supreme Court ruled in 1969 that the House cannot exclude an elected member who meets constitutional age, residency, and citizenship requirements. Story here: https://t.co/XndsASEOj9 — Fox News Politics (@foxnewspolitics) October 29, 2026

Several DSA members and candidates who describe themselves as democratic socialists have already won primaries across the country. Rep. Keith Self, R-Texas, suggested to Fox News Digital that he could invoke the procedure against candidates who have embraced replacing the Constitution.

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“You cannot swear an oath to support and defend the Constitution while actively working to destroy it. The oath of office is not just words you say at a ceremony. It is a belief. It is an oath to our country and our fellow countrymen,” Self said.

Self also warned about DSA candidates and what he called the “Red-Green Alliance,” a term used on the right for cooperation between far left groups and radical Islamic organizations or operators. He argued that the House must ensure the oath is taken sincerely and without an intent to evade its obligations.

“Anyone who has personally embraced the destruction of the Constitution has no business being sworn in to uphold it,” Self said. His argument frames the dispute around whether candidates committed to replacing the constitutional order can honestly promise to support that same order.

An analysis by the Center for Renewing America said a challenge to an elected member’s fitness to take the oath could be followed by the speaker asking that person to step aside while debate begins. The organization said the objecting member should submit documentary evidence for consideration.

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“The objecting member should place the documentary record before the House, and the House should debate whether that evidence establishes that the member-elect remains committed to destroying the constitutional order,” the analysis said. The House could then consider a resolution addressing the challenged candidate’s commitment to destroying that order.

If adopted, such a resolution could prevent the elected candidate from being sworn in. But the theory depends on several variables, including which party controls the chamber and who wins the speakership when the new Congress convenes.

If House Minority Leader Hakeem Jeffries, D-N.Y., becomes speaker, he could dismiss a challenge. Speaker Mike Johnson, R-La., could also reject such an effort if Republicans retain their majority, and he has publicly pushed back on suggestions that the GOP would refuse to seat elected Democrats.

Johnson rejected CNN correspondent Manu Raju’s question on the subject as “nonsense.” During an event in Iowa this month, Johnson called the broader suggestion a “nonsense narrative” and vowed, “We are going to follow the law.”

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Any attempt to block a winning candidate would also raise questions about overruling the voters who selected that person. More significantly, it would clash directly with Supreme Court precedent and would be virtually guaranteed to face renewed litigation.

In Powell v. McCormack, the Supreme Court ruled in 1969 that the House could not exclude an elected candidate who otherwise satisfied the constitutional requirements involving age, residency, and United States citizenship. The dispute followed the House’s refusal to seat Adam Clayton Powell Jr. after he won reelection in 1966 while facing multiple financial scandals.

The House adopted a resolution preventing Powell, then a senior Democratic lawmaker from New York, from taking his seat. The Supreme Court ultimately overturned that decision, but the precedent has not stopped some Republicans from considering another attempt.

Rep. Tim Burchett, R-Tenn., told the New York Post earlier this month that he would try to block Darializa Avila Chevalier from joining Congress next year. Chevalier defeated a senior House Democrat in an upset and is considered almost certain to win the general election in her heavily Democratic district.

Burchett cited a deleted 2019 post on X in which Chevalier boasted that she wiped her hands on an American flag because she lacked a napkin. Whether the maneuver succeeds or fails, the threats show partisan tensions taking shape before voters formally select the new Congress in the midterm elections.

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