The oath of office is just one of the 2 Constitutional requirements before a president - who becomes Presiden at noon on Jan 20th automatically - can be given the presidential powers or be allowed to “act as President”. The other Constitutional requirement is that he “qualify” by Jan 20th.
We know Obama did not qualify by Jan 20, 2009 because his BC is amended and means nothing until the BC is presented as evidence to a judicial or administrative person or body and is determined to be probative. Because his BC is amended (as the HDOH has confirmed), there is a special procedure it has to go through before it means anything legally.
The “birther” lawsuits gave Obama a chance to present the BC as evidence and have his birth facts legally established. But he refused to do that, even though the deadline to do so was Jan 20, 2009.
Because Obama “failed to qualify” by Jan 20, 2009, the 20th Amendment would demand that the Vice President Elect (Joe Biden) “act as President” until a President qualifies.
I didn’t watch the inauguration, but I just heard recently that Justice Stevens (?) muttered under his breath after swearing in Joe Biden, “Congratulations, Mr President”. I wonder if anybody has the unedited clip of that, so that can be confirmed. If so, that strongly suggests that SCOTUS knows that Joe Biden is the only person who the Constitution allows to act as the Commander-in-Chief, giving orders to the US military.
And Joe Biden did not approve of the surge.
Somebody also said that Joe Biden sighed and gave a long pause before swearing to uphold and defend the US Constitution. He also knows that Obama cannot Constitutionally “act as President”.
Why did these guys go along with Obama illegally using presidential powers? I strongly suspect it is the same reason that GW Bush said the entire Western World would be destroyed if TARP was not passed (even though we went quite a while after those statements without TARP and were fine so it was not because of the NATURAL CONSEQUENCES of TARP not being passed): whoever made the electronic run on the bank that one day and set off a panic told the people in power in the federal government that if they resisted Obama’s coup there would be another run on the bank that really WOULD end the Western world.
I know that sounds crazy, but the more I see the more I really do think that’s what happened. But that’s the subject for another day I guess.
I am pretty sure that chief justice Roberts swore Obama in. Did he commit a crime?