Can Elon Musk Become Speaker of the House if He's Not Natural Born Citizen?

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What's New

Republican Kentucky Senator Rand Paul has thrown Elon Musk's hat into the ring for a possible House speaker as Republican Louisiana Representative Mike Johnson faces blowback over the latest government spending bill.

Amid speculation about how long President-elect Donald Trump might tolerate Musk's presence, the tech billionaire showed he has some political capital as he helped kill the proposed spending bill.

NBC News reported that Musk posted more than 100 times on Wednesday about the proposed spending bill, calling the bill "criminal" and urging his followers to call their representatives. Musk's vocal opposition preceded Trump and Vice President-elect JD Vance speaking out against the bill.

Newsweek reached out to Musk by email on Thursday morning through his Tesla and X press teams for comment.

Elon Musk Capitol Hill Washington
Tesla CEO Elon Musk, co-chair of the new Department of Government Efficiency (DOGE), arrives on Capitol Hill with his son on December 5 in Washington, D.C. Anna Moneymaker/Getty Images

Why It Matters

Musk led the charge against a Republican-backed government funding bill, possibly sending the government into shutdown over the holidays.

Some lawmakers criticized Musk and Trump after they came out against a short-term spending compromise orchestrated by Johnson to keep the government open until the president-elect's new term. But Musk's growing influence over the Republican Party was on display as a number of GOP lawmakers quickly came out against the legislation.

The move by Musk highlights the significant role that he, even as an unelected official, might play in Trump's administration as the co-head of the newly created Department of Government Efficiency (DOGE). Johnson said on Wednesday morning that he had been texting overnight with Musk and entrepreneur Vivek Ramaswamy, the other DOGE co-head, about the funding bill.

What To Know

Many have questioned the possibility, citing concerns about Musk's citizenship and other stumbling blocks.

Three main concerns have cropped up surrounding the possibility of Musk running for the House speaker. Chiefly, many have asked if Musk could even do that with the ever-increasing responsibilities he faces running his companies and working on DOGE.

Additionally, many have asked if someone can serve as House speaker without already being a member of the House of Representatives.

The question came up last year when Republicans floated the idea of pushing Trump into the role after Kevin McCarthy was voted out. Just as was the case with Trump, Musk could become speaker because you don't actually need to be a House member to hold the position.

The U.S. Constitution's only requirement for the speaker of the House is that the person is chosen by the House of Representatives. Thus, Musk could serve as the House speaker if he got the support and votes to do so.

Mike Johnson Chuck Schumer Hakeem Jeffries
From left: House Speaker Mike Johnson, Senate Majority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries listen during a Hanukkah reception at the U.S. Capitol Building on December 17 in Washington, D.C. Anna Moneymaker/Getty Images

What People Are Saying

Musk said on X, formerly Twitter: "'Shutting down' the government (which doesn't actually shut down critical functions btw) is infinitely better than passing a horrible bill."

Republican Georgia Representative Marjorie Taylor Greene wrote on X: "I'd be open to supporting @elonmusk for Speaker of the House. DOGE can only truly be accomplished by reigning in Congress to enact real government efficiency.

"The establishment needs to be shattered just like it was yesterday. This could be the way."

Paul wrote on X: The Speaker of the House need not be a member of Congress ... Nothing would disrupt the swamp more than electing Elon Musk . . . think about it . . . nothing's impossible. (not to mention the joy at seeing the collective establishment, aka 'uniparty,' lose their ever-lovin' minds).

What Happens Next

Lawmakers have through Friday to prevent a government shutdown. It isn't clear what a new spending bill may look like now that Trump and Musk have asked for a streamlined budget.

Is Musk a U.S. Citizen?

Another question that has arisen is whether Musk could serve as speaker as he's not a natural born citizen. Musk came to the United States in the 1990s and became a citizen in 2002, according to his biography written by journalist Walter Isaacson.

There's no requirement that the speaker of the House be a natural born citizen of the United States. Naturalized citizens have served in the Senate, House and in Cabinet positions because there's nothing barring them from doing so. Only the presidency requires a person to be a natural born citizen.

Henry Kissinger served as President Richard Nixon's secretary of state after becoming a naturalized citizen in 1943 while undergoing basic training in South Carolina. He was born in Germany.

Madeleine Albright, who served as President Bill Clinton's secretary of state during his second administration, was born in Europe and became a naturalized U.S. citizen while studying at Wellesley College.

As House speaker, Musk would be second in the line of presidential succession, after the vice president. In the event Trump could not continue his presidency and the vice president couldn't either, Musk could not serve as president.

Where Is Musk From?

Musk was born in South Africa in 1971 to a Canadian mother and a South African father. The family lived for nearly two decades in South Africa before emigrating to Canada.

Musk first lived in the U.S. while studying at the University of Pennsylvania, into which he transferred after studying for two years at Queen's University in Ontario. Musk remained in the U.S. despite failing to enroll in a graduate program at Stanford while holding a student visa, which led to some suggestions that Musk had worked illegally in the U.S.

President Joe Biden popularized the claim, saying during a campaign visit to Pittsburgh in October that the "wealthiest man in the world turned out to be an illegal worker here.

"He was supposed to be in school when he came on a student visa. He wasn't in school. He was violating the law. And he's talking about all these illegals coming our way?"

Musk denied the claim, writing on X that Biden "is lying" and that he was "in fact allowed to work in the US."

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