But it is a moot point because Obama doesn't think he is failing, I'm sure - he probably thinks he is succeeding wildly beyond his dreams. He is a hate-filled man on a mission, one that is going swimmingly well up to this point.
Without an overwhelming GOP majority in both Houses of Congress, he could decide to just postpone the swearing in ceremony and he will still be POTUS and there won't be anyone to do much about it. He'll have the urban street, the SEIU, the Prison Guards etc. Will the Joint Chiefs ignore the CIC?