A legal scholar has examined a little-known constitutional provision that could allow a House clerk to block newly elected members from taking their seats, raising concerns about potential delays in congressional proceedings. The analysis highlights a historical case where such an obstruction tactic was considered as a way to influence control of the chamber. Experts warn that exploiting this loophole could create unprecedented disruptions in the transition of legislative power. The discussion underscores the fragility of established parliamentary norms in times of political contention.
Former House Rules Committee chief of staff Don Wolfensberger analyzed a historical precedent where a House clerk could potentially obstruct the seating of members-elect to manipulate congressional control.
