Posted on 01/20/2009 9:50:10 AM PST by vadum
Since nobody on Capitol Hill cares about the Constitution, this constitutes trivia.
The musical interlude at the inauguration ceremony that extended for about six minutes after 12 Noon today, after Joe Biden had already taken the oath of office as vice president, temporarily prevented Barack Obama from taking the presidential oath.
Obama did not, as at least one TV commenter said, automatically become president at Noon.
The Constitution is explicit. The president-to-be must take the oath and the outgoing president's term of office ends at 12 Noon. This is not a monarchy where the transfer of power takes place strictly by operation of law. The new president must agree to take on the job by saying so.
Article II, section 1, provides:
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:The 20th Amendment sets the end of a presidential term at Jan. 20 at 12 Noon: "The terms of the President and Vice President shall end at noon on the 20th day of January...""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."
Wrong. There have been times when the President didn’t take the oath of office until the following day (usually when the 20th fell on Sunday). The new President is the President on precisely noon on the 20th.
“...that extended for about six minutes after 12 Noon today...”
OMG! Bush got SIX extra minutes to be POTUS. I’m sure the Bush haters will try and make a mountain out of this mole hill.
Actually, Biden was President for that 6 minutes.
Wonder how long it will take him to put it on his resume.
This is not unusual at inaugurations.
Interesting. So Obama is 45, techically?
Who is this idiot?
George Soros wasn’t concerned.
No. You didn’t read the post. The president’s term ends at 12 Noon. Period. Read it — don’t take my word for it. Regardless of the way things were done in the past (I don’t know what you’re referencing) the Constitution is explicit.
Thank you.
Sometimes I think that when someones discovers an interesting piece of trivia that they would actually look to see if they are right or not.
LOL, I don’t know. But it is interesting.
I am unclear. Under the US Constitution, does this mean the US actually survived a Biden Presidency?
Are you suggesting the oath of office of the POTUS is superfluous?
OMG!!! Why isn’t this in breaking news?!? Oh, wait a minute, it is...
Well if it really bothers you then remember that VP Biden had previously taken the oath thus he could be acting President in those few minutes..... In any case President Obama has now taken the oath.
He’s the President without the oath but there is very little he can do until it’s taken.
That’s hogwash. Sec. 1 of the 20th Amendment clearly provides that the presidential and VP terms ends at noon on Jan. 20, “and the terms of their successors shall then begin.” End of story.
It doesn’t bother me. It’s just a fun fact that some will forget as soon as they read it — much like the Constitution itself.
No, I wouldn't go that far. But precedent is precedent. The guiding element to the transition of power is the "TIME" and not the taking of the oath. At 12:00 on the 20th, the President Elect becomes the President, regardless if the Oath is administered or not.
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