There is no force of law behind the Dean or swearing the Speaker. The Speaker becomes the Speaker when a majority of the duly elected and present Reps vote them in. Having the Dean “swear in” the Speaker is merely ceremonial. The newly elected Speaker could literally just declare “I’m the Speaker” and that would be enough.
Similar deal in the Senate in that the VP has no power to deny a legally elected Senator their seat. If the VP refuses to engage in his ceremonial duties, the new Senate majority can just appoint someone else to do it and proceed as normal.
I am not glossing over anything. The Constitution and our democratic republic depend entirely on the social contract and what people believe. I get it…you desperately don’t want it to work and, technically, it shouldn’t. That (a) doesn’t mean they won’t do it, (b) doesn’t mean millions won’t believe it worked and (c) doesn’t mean SKKKOTUS won’t somehow in some fashion go along with it. This has nothing to do with the law or technicalities. It has to do with practical reality. They will pull this shit, message on it hard and their KKKult will line up behind it. It will cause a massive constitutional crisis and will lead to claims that nothing the new Congress has done is in any way legitimate because they were void ab initio.
Stomping feet and yelling “but that’s not how it works” will be screaming into the abyss
Not the same/similar. Only 1/3 of the Senate is up for election. Looking only at who is remaining in the Senate it’s 35 Democrats/Independents and 30 Republicans, according to 270 to Win.
So long as the governor of the state where the senator has been elected certifies the vote count/election, the VP’s role is strictly ceremonial.
