“The Speaker doesnt have to be a current member necessarily.... (according to the constitution)”
That interpretation assumes that when the Framers placed the words the House of Representatives shall choose their Speaker in Article I of the U.S. Constitution they were not basing the speakership on the Speaker of the House of Commons of the British Parliament, which most definitely *did* need to be filled by a Member of the House of Commons. The reason that they didnt write the House of Representatives shall choose their Speaker *from among their members* was because it was deemed to be self-evident, since the Speaker is the leader of the House and the leader must come from within the grouphad the Framers intended to allow the House to elect a Speaker that was not a member of the body, such a clear departure from parliamentary precedent would have been specifically noted, and they likely would have selected a title other than Speaker. The one instance in the U.S. Constitution where the presiding officer would not be a member of the body he presided was when the Vice President is made, ex officio, the President of the Senate, but he was specifically designated as such in Article I, and the fact that the VP is not a member of the Senate was probably the reason why they didnt baptize the presiding officer of the Senate as the Speaker of the Senate.
No one believes that the Chief Justice of the United States can be someone other than a Justice of the U.S. Supreme Court, and, until a few years ago (when a couple of Republicans upset at Newt Gingrich voted for retired Republicans for Speaker) no one other than a sitting Representative had even received a vote for Speaker. I think the theory of the non-member of the House serving as Speaker is an interesting exercise in constitutional analysis, as is the theory that the Governor of New York could be in the line of succession to the presidency (a governor is, after all, an officer), but having a non-member serve as Speaker ultimately would be a distortion of the Framers original intent.
Mark Levin has been promoting the idea...his suggestion is Scott Walker for Speaker.
Let's ask John Roberts about that!
2. How is the Speaker of the House elected?
Article I, Section 2 of the U.S. Constitution states, “The House of Representatives shall chuse their Speaker and other Officers.”
Although the Constitution does not require the Speaker to be a Member of the House, all Speakers have been Members.
When a Congress convenes for the first time, each major party conference or caucus nominates a candidate for Speaker. Members customarily elect the Speaker by roll call vote. A Member usually votes for the candidate from his or her own party conference or caucus but can vote for anyone, whether that person has been nominated or not.
To be elected, a candidate must receive an absolute majority of the votes castwhich may be less than a majority of the full House because of vacancies, absentee Members, or Members who vote “present.” If no candidate receives the majority of votes, the roll call is repeated until a majority is reached and the Speaker is elected.
I understand your reasoning, but many Constitutional scholars such as Mark Levin, as well as many before him, disagree with you. I was a rather young tyke when I first heard this discussed in the 70s, so it is certainly not a new concept.