The Map Room, 7:35 pm, 20 January 2009
Posted on 01/17/2017 9:36:46 PM PST by Pilsner
I thought that any affirmation of the oath was required, it doesn’t necessarily have to be so help me God. Or is that not correct? Which Obama did not provide.
Its been 16 years since I have watched an inauguration, but I believe you are correct. But the interval is still there until one of them takes the oath.
Its been 16 years since I have watched an inauguration, but I believe you are correct. But the interval is still there until one of them takes the oath.
Beyond stupid. How does Kerry sidestep the vp and take the oath before Trump? He isn’t even next in the succession. And how does he get the Chief Justice to go along with such an abortion?
I like how you think. You are thinking outside the box. I’m sure all the constitutional attorneys on the left are thinking of the same thing as a backup plan just in case Obama doesn’t let Hillary off the hook.
So this was possible on every inauguration day?
If so, then why hasn’t anyone taken advantage of it before?
Your entire post is BS. The VPOTUS takes the oath first. So for a few moments VPOTUS Pence is the acting President.
“Trump becomes President at the same instant that Obama ceases to be President. At noon.”
100 percent wrong. Trump must swear the Oath correctly before his term can officially begin, per Article II Section 1 of the United States Constitution (not Amendment 20). While Amendment 20 does specify the date and time of when the old term officially ends and the new begins such as:
Amendment XX Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
Article II Section 1 of the United States Constitution specifically states:
“...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.’”
Therefore, since the 20th Amendment came about when the President originally was sworn into office in March which caused problems due to the needed time it took to install and confirm cabinet members. The 20th Amendment, ratified by 43 states, pushed this back to January. The 20th Amendment does not override the clause in Article II Section 1 of the United States Constitution. This is why the oath is sworn as near to noon on January 20th as is possible. Otherwise, Trump cannot duly execute the office of the President even though Amendment 20 states his term officially begins. Trump must say the Oath in his entirety and correctly before he can be officially President. Without the Oath, he officially and technically can’t do jack.
>> Something is wrong with you.
I suppose you have an atomic stopwatch to make your case?
Did you run your theory past Mr Justice Merrick Garland?
Trump will have already taken the oath before noon. Therefore he will become President at noon, at the instant Obama’s term ends.
Any limitations as to how early PEOTUS can swear in?
After thinking about this a little more I am going to amend what I said. Kerry cannot be interim President because he is a political appointee by Obama. His term ends at 12:59:59 PM on January 20th. At the same time all Obama’s political appointees also end. The interim President would follow the line of succession until Trump is officially sworn in. Trump doesn’t automatically become President at the end of Obama’s term as he is still President-Elect until he is sworn in even though a new administration term has begun. Since kerry is out of a job at 12;59:59 he is no longer Secretary of State and no longer in the line of succession.
Correct me if I’m wrong, but not having taken or having on file an oath of office nullifies any official actions taken by public servants. IIRC there was a stinkfest a few years back in LA over the fact that a bunch of court officials didn’t have them and it was going to have a bunch of prosecutions thrown out.
At least one full day. Obama was sworn in in private on Sunday Jan 20 his second time around. The big public show for his inauguration happened the next day. He was already president for a day. (We all know that he had to get sworn in a second time in private after Roberts messed up the oath. And that is how Zero was sworn in 4 times.)
Because they weren’t truly hardcore America hating douchebags?
Interesting. Thanks. I suppose for national security, there must be some degree of CIC overlap.
The Map Room, 7:35 pm, 20 January 2009
I think really it happened the way it did for Zero’s second Innaugural because, per the Constitution it must occur at noon on the 20th, but the twentieth was a Sunday and the big public event was planned for Monday the 21st. I suppose this could only occur when an incumbent is re-elected. I don’t think that Trump could get sworn in early while there is another standing President.
There’s nothing in the requirements that prevents him from taking the oath the day before (just in case of disruption), then doing it again at noon, just for ceremonial purposes.
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