 On that date, they are sworn in by their individual oaths of office and thereby collectively become the Nth Congress (89th, 95th, 105th, ...).The Court did not reach, because it determined it did not need to in this case, the question of which Congress the Constitution was referring to that had the power to expel one of its members.The Court determined in this case that no Congress could exclude a future member, a candidate member, from being sworn in and taking a seat in the House.