Robert Hubbell is an always sensible blogger. In this post, he addresses the dysfunction in the House GOP. Kevin McCarthy paid the price for empowering the far-right faction of his party. He put his fate in their hands, even though they are a small minority. Hubbell believes there is only one way forward. Bipartisanship.

He writes:

Each additional day that Republicans fail to elect a Speaker of the House is a “never-before-in-the-history-of-our-nation” event. Kevin McCarthy was the first speaker to be ousted on a motion to vacate. Steve Scalise is the first “post-motion-to-vacate” nominee for speaker to withdraw his candidacy before a floor vote on his nomination. We are in uncharted constitutional waters.

The “Speaker of the House” is one of two legislative officers mentioned in the Constitution. (Art I, Sec 3, Cl. 5: “The House of Representatives shall chuse their Speaker.”) The Speaker is second in the line of succession prescribed in the Presidential Succession Act of 1947. The power of the House to act is dependent on a speaker who manages the calendar, controls debate, and calls for votes on motions to advance and approve legislation.

The inability of Republicans to elect a speaker is due, in part, to their narrow margin of control—four votes. But Nancy Pelosi accomplished great things with a four-vote margin during the 117th Congress (2021-2022)—the first two years of President Biden’s historic legislative run.

The dysfunction in the Republican House is a direct consequence of MAGA’s election of extremist candidates in gerrymandered districts (e.g., Jim Jordan). Those MAGA extremists constitute one of several independent federations operating under the umbrella name “Republican Party” in the House. But as is plain, the term “Republican Party” is a notional concept in the House with no operational consequence.

The atomism of the House GOP will not be overcome no matter how many times the fractious Republican caucus votes for a speaker. Nor will it change if Republicans elect a speaker subject to removal by a motion to vacate made by a single member.

The consequences are real; some Republicans understand that fact. GOP Rep. Michael McCaul said the following after Scalise withdrew his name from consideration:

We are living in a dangerous world; the world’s on fire. Our adversaries are watching what we do — and quite frankly, they like it.

I see a lot of threats out there. One of the biggest threats I see is in the [GOP caucus] room, because we can’t unify as a conference and put the speaker in the chair . . . .

There is only one path forward. It is staring Republicans in the face. But they have yet to debase themselves enough or humiliate enough of their wannabe leaders to accept the inevitable: They do not have a governable majority and must join with Democrats to elect a consensus candidate with support from both parties.

Or, as Minority Leader Hakeem Jeffries said, the only path forward is for

traditional Republicans break with the extremists within the House Republican Conference and partner with Democrats on a bipartisan path forward.

Some Republicans understand that fact but have yet to find the courage to speak that truth out loud. The time will come; it must. The only question is how long before Republicans accept that truth—and how much drama and disruption the GOP will inflict on the American people before they surrender to reality.

Addendum: Republicans are floating the notion of an “acting speaker” with expanded powers to allow passage of limited resolutions and specific bills. No such creature exists under the Constitution or the rules of the House. If Republicans can agree on expanding powers for an acting speaker, they can elect a speaker. (For a discussion of the limited powers of acting Speaker pro tempore Patrick McHenry, see House Practice: A Guide to the Rules, Precedents and Procedures of the House – Chapter 34. Office of the Speaker (govinfo.gov))

Further addendum: On two occasions, the House has elected a speaker by a plurality vote. But a plurality vote to elect the speaker requires a rule change that would, in turn, require a majority vote. There is only one path forward: A bipartisan governing coalition.

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