One should note that the Supreme Court decisions in the 1940s are highly suspect. FDR took more than a few executive liberties to ensure that the court voted his way WRT the New Deal.
Hozer said:
We don't need term limits. Congress has the power, per the Constitution, to expel any member for any reason with a 2/3 vote.
Whether or not you look at refusing to count votes as violating the law or 'just violating the rules of Congress' (one in the same IMO... and even though those rules are subject to change, they are not subject to change at the whims of the speaker), the fact of the matter is that Congress is not policing itself with these kind of things. I find it hard to believe that when a member decides to blatantly miscount a vote and then states that he is not accountable to anyone else in the House, he isn't immediately expelled with a 2/3 vote.
Even if they chose not to expel this member, he is up for election once every two years. It's the district's responsibility to know what their representative is doing and to vote him out if they think he isn't representing their interests.
I agree with Steve Wilkins, the system is broken if this is business as usual.