NC’s Rep. McHenry is writing history’s playbook in new interim House speaker role
After 9/11, Congress decided that the House speaker needed to keep a list of successors in case anything happened to the person holding that position.
So when a speaker was unseated this week in a historic first, the House rule book directed Congress to turn to the secret list of successors to replace him.
But the same rule book offered no advice on what would come next.
At the top of ousted Speaker Kevin McCarthy’s list was Rep. Patrick McHenry, a fellow Republican from Lincoln County, 35 miles northwest of Charlotte. McHenry is McCarthy’s close friend and ally and is now House speaker pro tem, leading the chamber toward finding its new leader.
No one before McHenry has ever held the role in this way, though those presiding over the House in the speaker’s stead are given that title for the moment.
It was clear from McHenry’s actions that he knew what was about to happen. He watched as the vote count pulled away from McCarthy’s favor and made his way toward the front of the chamber When McCarthy’s loss was announced, McHenry climbed the steps of the dais to take his position as the House’s leader.
But what wasn’t immediately clear to those watching was that all guidance for McHenry on what he could do next stopped there. Now, McHenry finds himself writing history’s playbook for future House members who find themselves in this position.
Jason Roberts, a political science professor at UNC-Chapel Hill, who takes a particular interest in the procedures of Congress, broke down some key questions about how McHenry found himself in this position and what rules cover his powers and responsibilities now.
How did McHenry become interim speaker?
Roberts said that the rule put in place after Sept. 11, 2001, was based on a hypothetical tragedy in which there is no longer a speaker.
“It’s anticipating a catastrophe, not an intraparty brawl,” Roberts said.
Because of that framework for a replacement, no one ever thought to give the speaker pro tempore guidance on how to steer the ship while the House’s members aren’t getting along.
What can a temporary speaker do?
Roberts said the House operates under two sets of guidelines: rules and precedent.
“The rules of the House on what he can and can’t do are very unclear,” Roberts said. “It just says that he shall serve in this role and facilitate the election of the speaker. Well, what does that mean? Does that mean he can only do those things? Can you do other things?”
What has McHenry already done?
“He’s already decided he can do things the speaker can do,” Roberts said. “The first thing he did was recess the House to the call of the chair, so that’s something a speaker can do.”
Roberts added that every time McHenry does an official act in his new role, he sets a precedent that anyone assuming this role going forward will also be allowed to do those things.
What if a member disagrees with McHenry’s authority?
“If someone in the House decided they didn’t like the precedent McHenry is setting, they could appeal the ruling of the chair,” Roberts said.
The parliamentarian can make a ruling, and then the House can vote on it.
“Any majority vote can either enhance or restrict his powers by setting precedent,” Roberts said.
Immediately after McHenry took over, former Speaker Nancy Pelosi and Rep. Steny Hoyer, both Democrats, were told to move out of their hideaway offices in the U.S. Capitol, which is prime real estate in the building.
“It’s hard to argue that this is directly related to getting a speaker elected, so he seems to be taking a broad interpretation of (what he is allowed to do),” Roberts said.
In contrast, it took nearly 24 hours before McHenry decided he was allowed to officially adjourn the House, forcing House staff and Capitol police to work around the clock until he took that step Wednesday afternoon.
Was kicking out Pelosi and Hoyer McHenry’s decision?
Some reporting has blamed McHenry for the move, while some has indicated it was a decision left over from McCarthy. A Capitol Hill official in a nonpartisan role told McClatchy this is standard after a new speaker comes in, if office space is needed for the most recent speaker.
Either way, it was carried out while McHenry was in office.
“That was just pure partisan vindictiveness,” Roberts said. “It’s just brass-knuckle politics. I think there’s a faction of Republicans who are pissed at the Democrats that they wouldn’t help save McCarthy, but if the shoe was on the other foot they would not have helped save a Democratic speaker, so that’s just a little bit disingenuous, but that’s partisan politics.”
However, Roberts said that kicking out Pelosi and Hoyer is not part of McHenry’s brand of politics.
“McHenry is well thought of as a very studious, serious person,” Roberts said. “He’s a policy guy. You know tempers are hot, but that’s just not McHenry’s style.”
What’s at stake?
Lawmakers have two large pieces of legislation left on the table following last week’s budget negotiations: funding the government before Nov. 17 and figuring out whether to send aid to Ukraine.
Technically, McHenry could try to bring legislation to the floor if he chooses to. Whether he would be successful is a guessing game.
“If he attempts to do so, as long as the majority doesn’t vote to stop it, then yes,” Roberts said, of whether McHenry could. “The fundamental thing about the House that is always true is a majority of the House can do anything it wants to.”
On the other hand, the Republicans who voted to oust McCarthy are the same ones who were using the House budget as a bargaining chip and do not support funding Ukraine in its defense against Russia.
What could happen next?
Roberts said the majority always rules, but just because the majority of the House is Republican doesn’t mean that cross-partisan, cross-majority alliances won’t start forming as the House tries to right the ship.
This story was originally published October 5, 2023 at 5:00 PM.
