Why is Speaker of the House Mike Johnson denying representation of the elected Democrat, Adelita Grijalva?

[Amy10223]

She was elected more than two weeks ago. She won a landslide election for her Arizona seat. Yet, Johnson still refuses to have her sworn in. His excuse is--he wants the Democrats to open up the government again--which has been shut down. Meantime, two Republicans were already sworn in AFTER she was elected, AND also after the government shut down. So what is his excuse?

Ohhhh, it's because she would be the needed 218th vote to have the Epstein Files released. Johnson has said his decision has NOTHING to do with the Epstein Files. He wants the government to be open again. Despite the fact that It is NOPT the Democrats who voted for this--the Republicans have the House, they have the Senate, they have the Whitehouse, and they have the Supreme Court. So why are they (ie; Senator Lawler, Rep., asked Hakkeem Jeffries about the govt shutdown--and Jeffries told him to shut his mouth and asked him why he voted in favor for a bill that would cut down on Medicare, Medicaid, and the Affordable Healthcare Act, and use the money for bigger tax cuts for billionaires.

Meantime--the people of Arizona are waiting for their elected Adelita Grijalva to be sworn in so she can begin to help the people there. Her father was the governor of this state until he died recently, and she wants to take his place.

[abc3643]

He may not be able to do that as it may be unconstitutional. Congress does have the right not to seat an elected representative, but I think that is Congress's right - not just the Speaker of the House. Now, there may be an election within the House whether or not to seat a representative and that may be a simple majority, but I would find that very problematic.


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Congress has the constitutional right to judge its own members' elections, returns, and qualifications, but the Supreme Court ruled in Powell v. McCormack that this power cannot be used to exclude a candidate who meets the age, citizenship, and residency requirements. Congress can refuse to seat a member by a simple majority vote if they don't meet these constitutional qualifications, or it can expel a member after they are seated by a two-thirds vote. [1, 2, 3]
Constitutional authority

• Article I, Section 5 of the Constitution gives each house of Congress the power to be the "Judge of the Elections, Returns and Qualifications of its own Members". [3, 4]

Refusing to seat a member

• Exclusion: A simple majority vote in the House or Senate can refuse to seat a member-elect before they are sworn in.
• Grounds for exclusion: This power can only be exercised if the candidate does not meet the specific constitutional qualifications for age, citizenship, and residency.
• Supreme Court limitation: In Powell v. McCormack (1969), the Supreme Court limited this power, stating that Congress cannot refuse to seat a candidate who meets all constitutional requirements, as this would disenfranchise the voters who elected them. [1, 2, 3, 5]

Expelling a member

• Expulsion: After a member has been seated, Congress can expel them with a two-thirds vote.
• Grounds for expulsion: This power can be exercised for reasons beyond the constitutional qualifications, but the process requires a supermajority vote. [1, 2]

AI responses may include mistakes.

[1] www.hklaw.com/.../when-can-congress-refuse-to-seat-a-dulyelected-can
[2] https://www.congress.gov/crs-product/R45078
[3] en.wikipedia.org/.../Unseated_members_of_the_United_States_Congress
[4] www.democracydocket.com/.../
[5] www.quora.com/Can-Congress-refuse-to-seat-an-elected-member

[Amy10223]

All those constitutional laws have nothing to do with my question. Besides, when does the right ever regard the Constitution of the US?

[abc3643]

The answer to your question is obvious. It's political grounds.

[blackeagle007]

This is ridiculous. She was elected in by the people. Johnson is being a tool and a riddler about the whole thing

[Anonymous]

He swore in the two Republicans who won special elections during pro forma sessions but won't do it now. She's a Democrat and the magic signature to get the Epstein discharge petition. Not very subtle what he's doing.

[OlderAndWiser]

So. . . are you actually asking a question?

[Amy10223]

So…. in case you haven’t noticed…it’s the only way to post here at GAG. By asking a question. And the answer is yes, I was posting a question in case people like yourself think we don’t know what’s going on.

[OlderAndWiser]

So you're just posting a statement.

[Amy10223]

No, the question is WHY is he not allowing someone to be sworn in. If you don't have the answer, don't bother answering.

[OlderAndWiser]

How would anyone other than Johnson KNOW the answer? You are just soliciting guesses.

[jshm2]

You must be living under a rock if you don't know she is the critical signatory on releasing the unredacted Epstein files.

[Amy10223]

I posted this question to get the opinions from others, to see if they know about it, and to see what they thought. I know it’s because of what you said.

[exitseven]

He is using his influence to pressure Chuck Schumer to stop the shutdown.

[eagle1951]

yep she would be 218