#29: CIVICS 101: The Legislative Branch
Q&A #29: Could a person other than an elected Representative in Congress serve as a Speaker of the House?
Our American Government
Our American Government is a small book published by the House of Representatives for citizens and those who seek a greater understanding of the American interpretation of democracy. It follows a question-and-answer format and covers a broad range of topics dealing with the three branches of our Government, the electoral process, and the role of political parties.
The Savvy Citizen is reproducing the 169 questions-and-answers through a series of posts called Civics 101. Each post will contain the Q&A as well as some additional commentary to add historical context, fun facts, or anything we believe will add to our collective understanding of these topics.
Think of it as your adult Civics class, but without the test!
Let’s keep at it.
SECTION: The Legislative Branch: The Congress
Members, Offices, and Staff
Q&A #29: Could a person other than an elected Representative in Congress serve as a Speaker of the House?
Technically, yes.
There is no constitutional impediment to such a selection. The House is empowered to choose its Speaker and other officers without restriction. But this possibility is unlikely, and indeed, the Speaker has always been a Member of the House.
My Thoughts
Given the long history of choosing Members to serve in the Speaker role, it would seem ludicrous to choose a non-Member. But, just because it’s always been that way, doesn’t mean that it has to be that way forever.
The same goes for justices on the Supreme Court. There is no constitutional impediment to appointing someone who doesn’t have a Juris Doctor from an accredited law school (something non-existent for most of the country’s history). In fact, the first Juris Doctor degree was awarded by the University of Chicago Law School in 1903 after a lobbying campaign by the American Bar Association (founded in 1878).
I always find it interesting when Members of Congress deem certain nominees for cabinet and/or judicial appointments “unqualified” for the positions to which they aspire. This raises the question, by what standard do we measure “qualified”?
Just food for thought!
—
Back next time with Q&A #30: Who was the Speaker of the House of Representatives for the longest period of time?
Meanwhile, don’t forget that we’re organizing the post links on a single page available here.
xo,
Kelley for the Savvy Citizen Team
December 20, 2024