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Aug 26, 2026

Shock Move Hits Zohran Mamdani’s Socialists — “Cannot Enter Congress”11

Rep. Greg Steube, R-Fla., is calling for the House of Representatives to adopt a rule making explicit that a newly elected member who refuses to take the constitutional oath of office cannot be seated, a proposal he raised after the surprise Democratic primary victory of New York democratic socialist Darializa Avila Chevalier.

Steube floated the idea in a June 24 interview with conservative commentator Benny Johnson, one day after Avila Chevalier defeated five-term Rep. Adriano Espaillat in the Democratic primary for New York’s 13th Congressional District. He then repeated the proposal publicly on June 25, writing that the oath to defend the Constitution is not optional and arguing that anyone elected to Congress who refuses to swear it should be barred from taking a seat.

The Florida Republican’s comments quickly became part of a broader national argument over Avila Chevalier’s political history, including her involvement in pro-Palestinian activism at Columbia University, her support for democratic socialist policies and a series of old social media posts that resurfaced during and after the primary. But the central factual distinction is important: there is no public evidence that Avila Chevalier has said she would refuse the congressional oath if she wins the November 3 general election. Steube’s proposal, as he described it, is therefore directed at a hypothetical refusal rather than a refusal that has already occurred.

That distinction matters because the oath itself is already a constitutional and statutory requirement. Article VI of the Constitution says senators and representatives are bound by oath or affirmation to support the Constitution. Federal law also requires House members to take the oath before taking their seats, and the oath administered today requires them to support and defend the Constitution against enemies foreign and domestic, bear true faith and allegiance to it, take the obligation freely and faithfully discharge the duties of office.

In other words, a member-elect who literally refused to take the oath would already face a basic legal obstacle to functioning as a member of the House. What remains unclear is what Steube’s proposed rules amendment would add to existing law, how it would define a refusal, or whether it would attempt to address disputes over a member-elect’s sincerity rather than the simple act of declining to swear or affirm. As of late August, Steube had publicly announced the idea but had not released detailed text explaining its mechanics.

That uncertainty is especially significant because congressional power to exclude duly elected members is limited. In the 1969 case Powell v. McCormack, the Supreme Court held that the House could not create additional qualifications for membership beyond those fixed by the Constitution. Congress retains broad authority to discipline its members and, with a two-thirds vote, expel a sitting member, but the constitutional framework does not give the House a free hand to turn political disagreement or objectionable past speech into a new eligibility test.

The oath requirement is different because it appears in the Constitution itself. A refusal to take it is therefore not the same thing as the House inventing an ideological qualification. But if an elected candidate takes the required oath, a separate attempt to deny that person a seat because lawmakers believe the oath was insincere would raise much more difficult constitutional questions. Steube has not said in detail how his proposal would handle that distinction.

Avila Chevalier became the focus of the debate after pulling off one of New York’s most closely watched congressional upsets of 2026. Unofficial state election-night results showed her winning about 48.6 percent of the Democratic primary vote, compared with roughly 45.2 percent for Espaillat. The victory made the 32-year-old organizer the Democratic nominee in a district covering parts of Upper Manhattan and the Bronx and highlighted the growing influence of the city’s democratic socialist movement.

Her campaign was backed by New York City Mayor Zohran Mamdani, the Democratic Socialists of America, Justice Democrats and other progressive organizations. She ran on an agenda that included expanding affordable housing and tenant protections, supporting universal health care, raising wages, creating broader pathways to citizenship and abolishing Immigration and Customs Enforcement. She has also been a vocal opponent of U.S. military support for Israel and has called for major changes in American policy toward the Israeli-Palestinian conflict.

The primary campaign also brought renewed scrutiny to Avila Chevalier’s years of activism at Columbia. Reporting on her background shows that she was involved with Students for Justice in Palestine and helped launch the 2016 Columbia University Apartheid Divest campaign, a coalition-oriented divestment effort connected to the broader Boycott, Divestment and Sanctions movement. She later returned to campus as an alumna and supported pro-Palestinian organizing during the 2024 protests and encampment.

That history has become politically explosive because a later version of the Columbia University Apartheid Divest coalition adopted much more confrontational rhetoric. In 2024, years after Avila Chevalier graduated, a CUAD social media account posted language describing its goal as the “total eradication of Western civilization” and seeking instruction from militants in the Global South. Other CUAD-linked rhetoric and protest activity drew condemnation from university officials, lawmakers and Jewish organizations.

Critics, including Steube and Johnson, have cited those statements while portraying Avila Chevalier as directly responsible for the organization’s later rhetoric. The chronology, however, requires care. Avila Chevalier was involved in the group’s earlier divestment campaign and later supported Columbia protest activity, but the most inflammatory CUAD statement cited by her critics was posted in 2024, approximately eight years after her graduation. Association with the organization is documented; personal authorship of every later statement issued in its name is not.

Her own past social media record has provided critics with more direct material. CNN reported after the primary that a now-deleted account attributed to Avila Chevalier contained favorable references to Marxism, communism and figures including Vladimir Lenin, as well as calls at various points to abolish police, prisons and borders. The reporting also identified a post in which she described using an American flag to wipe her hands when she did not have a napkin. Other old posts contained inflammatory language about race, political leaders and the United States.

Avila Chevalier has not disputed that many of the old posts came from her account, but she has argued that they do not represent the totality of her current politics. In interviews during the campaign, she said she had grown considerably since writing them and resisted efforts to make the election a referendum on years-old social media statements. Her supporters have similarly argued that opponents are collapsing provocative jokes, activist rhetoric and current policy positions into a single caricature.

For Steube and other Republican critics, however, the issue is not merely tone. They argue that rhetoric attacking the United States, calling for abolition of major institutions or associating with organizations that later embraced militant language raises a legitimate question about allegiance to the constitutional system. Steube used that argument to move from criticism of Avila Chevalier’s ideology to the procedural question of what the House should do if a future member-elect actually refuses the oath.

Still, refusing an oath and holding political views that other lawmakers consider hostile to the country are not legally identical. The Constitution protects a wide range of political speech, including radical and deeply unpopular speech, while also requiring members of Congress to swear or affirm support for the Constitution. The existing system therefore creates a bright procedural line: a successful candidate must take the oath. What Congress may do when members object to the beliefs behind that oath is a separate issue governed by constitutional limits, House disciplinary power and, ultimately, the judgment of voters.

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