A former Democratic congressman is warning that Donald Trump and House GOP leaders could exploit a “craven, but shockingly constitutional” clause to hold onto their majority even if Democrats win the 2026 midterms. Writing in The New Republic, ex-Rep. Steve Israel notes that Article I, Section 5 empowers the House — and Speaker Mike Johnson — to overrule certified election results by deciding who is “qualified” to sit, a power historically used only once, in a disputed 1984 Indiana race. Israel suggests Trump allies could use this authority to invalidate Democratic victories and maintain a “rubber-stamp majority,” calling it a potential constitutional coup that courts would struggle to stop.

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‘Craven’ constitutional loophole could let GOP keep House even if Democrats win