McCarthy pal Patrick McHenry who ole Kevin designated to be his stand in as Speaker Pro Tempore in case he was “unavailable” (getting voted out of his Speakership sure as hell qualifies) has been the butt of jokes for petulantly slamming down the gavel on the House session that kicked his benefactor out of power. His petulance we’d soon learn was only just beginning. He turned first (apparently) official act was to turn around and evict Speaker Emeritus Nancy Pelosi from her Capitol Hill “hideaway” office. (He’d go on to toss long-time Democratic Rep. Steny Hoyer who was Pelosi’s second in command from his too) Petulance thy name is Patrick McHenry. These “hideaway” offices are limited in number and prized. They are also earned and certain people have by custom been entitled to one.

McHenry felt like lashing out but instead of taking out his frustrations on the GOPers responsible for his friend’s humiliating ouster he went after a couple of prominent Democrats. Pelosi, in California to mourn and bury her long-time friend Diane Feinstein wasn’t even in a position to clear out her possessions. McHenry told her the locks would be changed the next day (today) and she’s on the other side of the freaking country! The thing is, McHenry is in an ACTING role as Speaker Pro Tempore. It seems his actual power is quite limited as this article from New Civil Rights Movement explains. It cites the top member on the powerful House Rules Committee, Ranking Member Jim McGovern who says:

the “Speaker pro tempore” has one job only: help elect a new Speaker of the House.

Earlier today he went on to say:

“As an unelected acting Speaker pro tempore, @PatrickMcHenry’s job is to guide the House toward the election of a new Speaker. That’s it.”

“His power is constrained by the plain text of Rule 1, Clause 8 of the Rules of the House,”

In short, according to McGovern about all McHenry can do is open and preside over proceedings that are strictly confined to electing a new Speaker. He has no other powers, and certainly not administrative affairs like assigning office space. In fact, McHenry’s powers are so limited if this drags on and a new member, even a Republican has to be seated because someone resigns or dies he can’t even swear them in!

Let’s talk about the Rules Committee which is arguable the most powerful committee as it sets the rules for consideration of any piece of legislation that will go to the floor for debate and/or a vote. Specifically, Rule 1 clause 8.  It takes some serious scrolling to get to the relevant part, that which deals with a Speaker Pro Tempore but the “Powers and Functions” section states:

Routine functions that are within the scope of authority of a Speaker pro tempore
are calling the House to order, making various announcements, answering
parliamentary inquiries, putting the question, counting for a quorum, ruling
on points of order, and designating another Speaker pro tempore. Deschler
Ch 6 §§ 9, 10. When the Office of Speaker is vacant, the Member acting
as Speaker pro tempore under rule I section 8(b) may exercise such authorities of the Office as may be necessary and appropriate pending the election
of a Speaker or Speaker pro tempore.

Just what McGovern said. In fact he pointed out this was discussed and clarified back in 2004 largely due to the 9/11 attacks to ensure continuity of Government. I should note earlier Lawrence O’Donnell pointed out the Constitution doesn’t prescribe any specific positions or roles for Congress except that there shall be a Speaker of the House. It’s also worth noting the next part of the rule as it digs into the difference between an appointed Speaker Pro Tempore (as McHenry is) vs. an elected one:

The authority of a Speaker pro tempore to exercise certain powers depends on whether he is designated, designated and approved, or elected. The
powers of a designated Speaker pro tempore, compared with those of an
elected Speaker pro tempore, are relatively limited. Deschler Ch 6 §§ 10, 14.
Absent unanimous consent or specific House approval, a designated
Speaker pro tempore may not:
0 Administer the oath of office to a Member-elect. Deschler Ch 6 § 12.8.
0 Announce appointments made by the Speaker pursuant to law. 96–1, Jan.
31, 1979, p 1511.
0 Appoint conferees or make appointments of additional conferees. Deschler
Ch 6 §§ 12.9, 12.10.
0 Appoint Members to attend a funeral. Deschler Ch 6 § 12.14.
0 Spread upon the Journal a veto message from the President. Deschler Ch
6 § 12.11.
By contrast, an elected Speaker pro tempore may, for example, appoint
conferees, administer the oath of office to a Member-elect, and preside at
a joint session of Congress. Deschler Ch 6 §§ 12.8, 14, 14.8

Petulant Patrick didn’t/doesn’t have authority to do what he did. Of course, the GOP being what it is his move won’t be undone. Once a new Speaker is picked that individual will be equally as dickish. Such is the Republican Party, Trump/MAGA version.

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9 COMMENTS

  1. Just what we’d expect from the self proclaimed ‘Party Of Law & Order’.

    As long as it’s Wilhoit’s Law.

    “Conservatism consists of exactly one proposition, to wit: There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect”

    20
    • We got that. Give it a rest. Anywhere you go on the internet you do so at your own risk. My devices say that stuff all the time. Usually there’s an app. That costs ten or twelve dollars a week to clean it right up. So go spend your money, get your device cleaned, then go visit some site more suitable to your device.

    • I suspect it also applies to a man lacking g in size of another part of his anatomy. In Norbert and Margie, that includes a brain since they lack the above mentioned appendages.

  2. I’m waiting for Pelosi’s response because I am pretty sure it’s going to be one that will let the entire planet know what a little, petty, piss-ant this mchenry is.

  3. The way I see it. The Republican Party is on a train headed for a bridge that’s missing several sections of track. And it’s a very deep gorge that this bridge goes over. And since no one is driving the train there will be a very spectacular wreck coming very soon. Especially if those morons try to put Trump in as speaker. I see this whole thing dissolving into a giant cauldron. It’s appropriate that Halloween is coming because this is about to become the world’s biggest disaster. They are going to push for a hardline conservative and then you will see the most cruelty imaginable. These people that preach no abortion are about to try to destroy Medicare Medicaid social security welfare if any kind. They don’t want to cut it they want to wipe it off the table. I’m thinking this is why Joe Biden hasn’t used his presidential powers yet. I’m hoping they don’t do it but I’m seeing the writing on the wall.

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