[bill1952]

All BS aside, what is the legal basis pro and con for this?

Can an elected representative sit if he refuses the oath?

[conservative in nyc]

Can an elected representative sit if he refuses the oath?

Absolutely. Article VI of the Constitution only requires that a representative take an oath OR affirmation to support the Constitution. Someone who refuses the oath can affirm his support for the Constitution instead of taking an oath.

[Melas]

Finally someone asked the right question. No, you won't find a requirement to place your hand upon the bible or take a religious oath anywhere in the U.S. Constitution or in the U.S. Code. It's merely an INFORMAL traditionl.