Constitution doesn’t specify who administers oath to lawmakers
Independent Newsmedia
In regard to Professor Jennifer L. Selin’s opinion, House speaker’s refusal to seat Adelita Grijalva supported by history, law:
If administration is at the discretion of the speaker, at what point does his refusal to administer it run afoul of Powell v. McCormack, 395 U.S. 486 (1969)?
By what authority may Congress effectively prohibit a duly elected and qualified person from taking her seat?
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In regard to Professor Jennifer L. Selin’s opinion, House speaker’s refusal to seat Adelita Grijalva supported by history, law:
If administration is at the discretion of the speaker, at what point does his refusal to administer it run afoul of Powell v. McCormack, 395 U.S. 486 (1969)?
By what authority may Congress effectively prohibit a duly elected and qualified person from taking her seat?
The Constitution requires an oath. It does not specify who must administer it or give Congress authority to limit the persons who may do so.
Calvin Coolidge was sworn in by his father, a notary public and justice of the peace. Why couldn’t Rep. Grijalva have been sworn in by a notary and taken her seat?
Editor’s note: John Paul Parks is a Scottsdale attorney. Please submit comments at yourvalley.net/letters or email them to AzOpinions@iniusa.org. We are committed to publishing a wide variety of reader opinions, as long as they meet our Civility Guidelines.
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