We have a quite the serious Constitutional quagmire here. 20th Amendment states that:
and the terms of Senators and Representatives [shall end] at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin [...]
Riddle me this....
How are purported House members-elect lawfully participating in House business (election of a Speaker), if they are not actually members of the House until they are sworn in, which according to House rules, cannot happen until the election of a Speaker?
Sounds like the Constitution is long overdue for an amendment to clarify this glaring oversight by the Framers.
Furthermore, if our House has been functioning in such a disfunctional, arguably unconstitutional manner, seemingly since the beginning, have we ever truly had a legitimate Congress?
Time for a new Convention of the States to settle some of these big issues.
Slowly re-read what you just wrote 😉
Constitution already sets up situations for which the Chief Justice presides over Congress, such as impeachment, and as you acknowledged, they issue the oath the POTUS-elect. Given the similar nature of the procedure, having an unelected, theoretically nonpartisan official preside, who already is tasked with issuing oaths in other cases (for POTUS and new Justices) makes sense.