It was jarring to see that Patrick McHenry’s first order of business in his new position as Speaker Pro Tempore was to kick Speaker Emerita Nancy Pelosi, my partner in representing San Francisco, and U.S. Rep. Steny Hoyer out of their courtesy offices in the Capitol. I’m not shocked by the pettiness that pervades our politics despite the major challenges we face, including another looming government shutdown, skyrocketing child poverty due to the end of the expanded Child Tax Credit, and democracy in Ukraine on the line.
Despite the seemingly minor nature of the action, what I am shocked by is McHenry’s brazen willingness to threaten our long-standing norms and rule of law.
I come from a place of experience. Prior to being elected to Congress, I had the honor of representing San Mateo County in the California Assembly, where I was speaker pro tem for eight years. Take it from me: McHenry’s overstep is a big deal.
While there are functional differences between the roles of speaker pro tem in the House of Representatives and California Assembly, neither one is the elected speaker of their respective chambers. This means I did not have the responsibilities or powers of the elected speaker; neither does McHenry. In California, as in the House of Representatives, speaker pro tem is not an interim speaker; it has limited ministerial duties in accordance with the rules of the chamber.
The House rule under which McHenry assumed his role could not be clearer: “Pending such election [for speaker] the member acting as speaker pro tempore may exercise such authorities of the Office of Speaker as may be necessary and appropriate to that end.” In other words, an unelected speaker pro tem has no powers beyond ensuring the chamber elects a new speaker. Certainly, office space decisions have no bearing on the election of a new speaker.
But don’t take don’t my word for it. Just look to the Constitution, which states in Article I, “The House of Representatives shall chuse their Speaker and other Officers.” Beyond the ministerial business of electing a new sSpeaker, having a former speaker hand over his full powers to an unelected individual is undemocratic. It’s also not what was intended by the House rule under which McHenry took his temporary position or by the Constitution.
The American people do not care about who occupies which office space in the Capitol, but McHenry’s willingness to so casually overstep the bounds of his authority should raise a red flag. While those who perpetrated the attempted overthrow of our democratic process may finally be getting their day in court, unfortunately, some of my Republican colleagues remain willing to subvert our democratic norms. Ignoring the plain language of our rules, even for seemingly innocuous decisions like who gets access to the Capitol building, undermines Americans’ faith in our democracy and elected officials. We have seen what happens when our leaders are willing to so casually disregard the letter of the law. Even when it may seem easier to simply ignore petty behavior, we must call it out.
After 10 years in the California Assembly, I was elected to Congress last year as part of a freshman class that has seen nothing but dysfunction from the Republican Majority. Yet, I remain deeply committed to this institution and the promise it holds for being the People’s House. That requires individuals to act in good faith within the bounds of their authority. We can and should disagree on policy and the best path forward for the country — that’s the nature of a democracy. But we must act in accordance with our own rules.
If McHenry wants to run for speaker, he is welcome to. If not, he should stay in his lane. It is no exaggeration to say that our democracy depends on it.
Kevin Mullin represents District 15 in the U.S. House of Representatives. The district includes the Bayside of San Mateo County from Daly City to East Palo Alto and the southeast side of San Francisco.