LogFAQs > #976747662

The rules of the House of Representatives: https://cha.house.gov/_cache/files/5/3/5361f9f8-24bc-4fbc-ac97-3d79fd689602/1F09ADA16E45C9E7B67F147DCF176D95.118-rules-01102023.pdf

Relevant section 8.b.3.A --

In the case of a vacancy in the Office of Speaker, the next Member on the list described in subdividsion (B) shall act as Speaker pro tempore until the elction of a Speaker or a Speaker pro tempore. Pending such election the Member acting as Speaker pro tempore may exercise such authorities of the Office of Speaker as may be necessary and appropriate to that end.

That's the applicable language about whether McHenry already has the power. You could argue it either way but if McHenry chose to exercise the full powers of the job I think it's unlikely that he could be stopped by anything other than a permanent speaker being elected.