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Late Swearing-In Means There was No President Briefly
Capital Research Center ^ | January 20, 2009 | Matthew Vadum

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:

"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."

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..."


TOPICS:
KEYWORDS: 20thamendment; bhoinauguration; bush; constitution; oath; obama; vpbiden
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1 posted on 01/20/2009 9:50:11 AM PST by vadum
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To: vadum

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.


2 posted on 01/20/2009 9:53:07 AM PST by Big_Monkey
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To: vadum

“...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.


3 posted on 01/20/2009 9:54:02 AM PST by NCC-1701 (DRILL NOW. DRILL OFTEN. DRILL 24/7/365. PAY LESS. SUCK THE GROUND DRY.)
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To: vadum

Actually, Biden was President for that 6 minutes.

Wonder how long it will take him to put it on his resume.


4 posted on 01/20/2009 9:54:20 AM PST by patton (SPQA)
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To: vadum

This is not unusual at inaugurations.


5 posted on 01/20/2009 9:56:17 AM PST by mlo
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To: patton

Interesting. So Obama is 45, techically?


6 posted on 01/20/2009 9:56:26 AM PST by txhurl (W is not president.)
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To: Big_Monkey; vadum
"President" David Rice Atchison
7 posted on 01/20/2009 9:57:07 AM PST by okie01 (THE MAINSTREAM MEDIA: Ignorance on Parade)
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To: vadum

Who is this idiot?


8 posted on 01/20/2009 9:57:15 AM PST by Psycho_Bunny (ALSO SPRACH ZEROTHUSTRA)
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To: vadum

George Soros wasn’t concerned.


9 posted on 01/20/2009 9:57:16 AM PST by End_Clintonism_Now (POLITICAL DISSIDENT as of 11/4/08)
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To: Big_Monkey

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.


10 posted on 01/20/2009 9:57:50 AM PST by vadum
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To: Big_Monkey

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.


11 posted on 01/20/2009 9:57:56 AM PST by Taking Congress back in 2010
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To: txflake

LOL, I don’t know. But it is interesting.


12 posted on 01/20/2009 9:58:04 AM PST by patton (SPQA)
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To: vadum
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.

I am unclear. Under the US Constitution, does this mean the US actually survived a Biden Presidency?

13 posted on 01/20/2009 9:58:17 AM PST by Oztrich Boy (This world is a comedy to those that think, a tragedy to those that feel - Horace Walpole)
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To: Big_Monkey

Are you suggesting the oath of office of the POTUS is superfluous?


14 posted on 01/20/2009 9:59:24 AM PST by TeleStraightShooter (Barack Hugo Obama - has he ever criticized Hugo Chavez?)
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To: vadum

OMG!!! Why isn’t this in breaking news?!? Oh, wait a minute, it is...


15 posted on 01/20/2009 10:00:42 AM PST by lonevoice (Ich bin ein plumber)
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To: vadum

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.


16 posted on 01/20/2009 10:01:16 AM PST by deport
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To: vadum

He’s the President without the oath but there is very little he can do until it’s taken.


17 posted on 01/20/2009 10:01:39 AM PST by AU72
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To: vadum

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.


18 posted on 01/20/2009 10:02:41 AM PST by AuH2ORepublican (Fred Thompson appears human-sized because he is actually standing a million miles away.)
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To: deport

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.


19 posted on 01/20/2009 10:03:00 AM PST by vadum
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To: TeleStraightShooter
"Are you suggesting the oath of office of the POTUS is superfluous?"

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.

20 posted on 01/20/2009 10:03:16 AM PST by Big_Monkey
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