Posted on 01/17/2017 9:36:46 PM PST by Pilsner
How could John Kerry pardon Hillary Clinton? After all, it is the President of the United States, not the Secretary of State, who is empowered by the Constitution “to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” Art. II, Section 2, United States Constitution. Secretary of State John Kerry will not be President of the United States on Friday, so how could he pardon Hillary Clinton?
The incumbent President’s term expires, and Donald Trump’s Presidency begins, at noon, on January 20th. XXth Amendment, Section 1, United States Constitution. But Donald Trump will not enter on the Execution of his Office” until ”he shall take the following Oath or Affirmation:—‘I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States’.” Art. II, Section 1, United States Constitution.
Who is President during the interval between noon and the completion of the oath? In a monarchy the period between the death of one monarch, and the crowning of a successor, is an “interregnum” or interval between reigns, and technically the land is without a government during that time. In the nuclear age, the Constitution was amended to exclude the possibility of an interregnum, and insure that there will always be an acting President. When the a new term begins without a qualified President, the Vice President elect is first in line: ”if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified….”XXth Amendment, Section 3, United States Constitution. Of course Mike Pence will not take the oath of office as Vice President until Donald Trump has taken the oath as President, so he will not be the acting President during the interval. On its face it might appear that the XXth Amendment authorizes the “Vice President elect” to act as President automatically, but all executive officers of the United States must first take an oath to support the Constitution. Art. VI, United States Constitution.
During that interval between noon and when Donald Trump takes the oath and qualifies as President, the Constitution provides that “Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President,…” XXth Amendment, Section 3, United States Constitution. Congress has so provided by that “the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President.” 3 U.S. Code § 19(a)(1). Of course Speaker Ryan will not have resigned his Speakership, and from Congress, and taken the Presidential oath before Donald Trump takes the oath. Next up, the President pro tempore of the Senate, who “shall, upon his resignation as President pro tempore and as Senator, act as President. 3 U.S. Code § 19(b). Orrin Hatch isn’t quitting his day job, and rattling off the Presidential oath at breakneck speed just to be acting President for a few seconds.
So, with the incumbent’ term expired, neither the President elect, nor the Vice President elect, having qualified by taking their respective oaths of office, and neither the Speaker of the House of Representatives, nor the President pro tempore of the Senate, having become acting President by resigning, and taking the Presidential oath, Congress has provided that “the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President shall act as President: Secretary of State,…” 3 U.S. Code § 19(d)(1).
Cabinet officers appointed by the President do not serve fixed terms, but at the pleasure of the President. When one presidential term expires, cabinet officers remain in office until they resign, or are fired.. There is no need to renominate them if the President elect wants them to remain in office -- they remain in officer during the new term, until resigning or being fired.
Donald Trump has nominated Rex Tillerson to replace John Kerry as Secretary of State, but that nomination is not expected to even be voted on until next week. President Donald Trump may of course fire John Kerry, but President elect Donald Trump has no formal power over John Kerry, either before the incumbent President’s term expires, or during the term to which Trump was elected, until Trump qualifies by taking the Presidential oath.
During that interval, between noon, and when Donald Trump completes the Presidential oath, John Kerry “shall act as President”(3 U.S. Code § 19(d)(1).) and may bestow a Presidential pardon on Hillary Clinton, or anyone else he pleases.
Do I expect him to? Of course not. But the past year has seen a number of significant political events that I did not expect.
So if Trump never takes the oath, for the whole four years, who is President? Either the President elect has to take the oath, or he doesn't. I think he has to. Until he does, whether the interval is 30 seconds, or 48 months, we do have an acting President. And for 30 second or so this Friday, it will be John Kerry.
Pilsner is a lager.
There’s a theory out there that Obama never took the real oath of office.
That the “So help me God.” was not said correctly or soemthing.
If you’ve watched one in the past you know:
1 - the VP takes oath first well before Noon
2 - the Prez takes oath just before noon
3 - you become prez without taking the oath - you just need to take the oath before you start executing the office. LBJ for example was prez the moment JFK died even though he waited a bit to take the oath.
I hoppily stand corrected.
But your screed is still weird.
Baloney. He becomes President at noon. The Constitution says he shall take an oath before entering on the EXECUTION of his office. It does not say that he does not become President until he takes the oath.
If you are serious, you are mentally ill.
“Pilsner is a lager.”
That’s why bourbon and gin exist. That way you don’t have to tell beers apart!
And WHEN is Kerry going to take the Presidential oath?
I see nothing in the requirements to suggest that Trump cannot take the oath just prior to noon.
You are over-thinking this.
Some tried to make a similar argument regarding the empty SC appointment — that Obama could do it in that moment between his official exit and Trump saying ‘I do’.
Kerry would have to be sworn in.
“So help me, God” is not in the Constitution.
Roberts tried to show off and recite the oath from memory, and then started co
rrecting him.self, interrupting Obama. Roberts screwed it up so badly that they redid it hours later.
Kerry has been sworn in as Secretary of State. He would not be President, but "shall act as President. 3 U.S. Code § 19(d)(1).
Exactly. Nowhere does it say he must already BE President to take the oath, or that the taking of the oath CAUSES him to become President. It is the arrival of Noon that does that.
Me neither. In fact, I seen no reason why it could not be taken any time after Congress certifies the Electoral College winner, and we have an official President elect.
But if Trump decides to wait until after noon on Friday, there will be an interval.
Trump will take the oath before noon. He will become President at noon.
You are a nutcase.
You have way too much time on your hands.
Really ?
Of course Mike Pence will not take the oath of office as Vice President until Donald Trump has taken the oath as President, so he will not be the acting President during the interval.>>> VP goes first just to avoid this situation.
“So help me, God” is not in the Constitution.
Roberts tried to show off and recite the oath from memory, and then started co
rrecting him.self, interrupting Obama. Roberts screwed it up so badly that they redid it hours later.>>> not the first or last thing roberts screwed up. who appointed that guy? oh Yeb’s bro wuss.
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