Analysis by WorldTribune Staff, October 29, 2026 — Real World News
Could Democrats who are members of the Democratic Socialists of America (DSA) be blocked from being sworn into Congress?
The DSA’s platform calls for scrapping the current U.S. Constitution and drafting a new one.
To be sworn in to Congress, members are required to take an oath to “support and defend” the Constitution.
At the beginning of a new Congress, that oath is typically taken en masse by all 435 members, led by the House speaker.
Some conservatives are contending that any member-elect can challenge another member-elect’s right to be sworn in, provided they have compiled evidence that that person would not uphold their oath. That would then lead to House-wide deliberations followed by a vote on whether that member-elect has a right to be sworn in, Fox News Digital reported on Thursday.
Texas Republican Rep. Keith Self told Fox News Digital that he could invoke the maneuver:
“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
“The House has both the authority and the duty to ensure that anyone who takes that oath does so in good faith, without mental reservation or purpose of evasion. As DSA candidates and the Red-Green Alliance gain ground, we must enforce the Constitution as written or risk allowing people committed to replacing it to take seats of power under false pretenses.”
The “Red-Green Alliance” is a term used to describe cooperation between far-left groups and radical Islamic organizations or operators.
“Anyone who has personally embraced the destruction of the Constitution has no business being sworn in to uphold it,” Self said.
The actual chances of this happening, regardless of the fact that the DSA indeed wants to tear down the Constitution, is pretty much zilch.
If Democrats win the House and Rep. Hakeem Jeffries is elected speaker, he could decide to dismiss the challenge to the DSA members.
Speaker Mike Johnson could do the same if Republicans keep their majority.
Johnson told reporters as much during an event this month in Iowa, calling the idea of him refusing to seat elected Democrats a “nonsense narrative” and vowing, “We are going to follow the law.”
In Powell v. McCormack (1969), the U.S. Supreme Court established that Congress cannot add extra qualifications for membership beyond the three explicitly listed in the Constitution (age, citizenship, and residency). Political beliefs or party/ideological affiliations are not permissible grounds to exclude a duly elected member, according to legal analysis shared via The Washington Times.
Excluding elected representatives based on their political ideology or association has historically run into First Amendment challenges regarding viewpoint discrimination.
While Article VI requires members-elect to take an oath to support the Constitution, legal scholars note that the Constitution does not grant Congress the power to administer a political or ideological sincerity test before allowing a certified winner to take the oath, The Hill reported.
