Posted on 01/17/2017 9:36:46 PM PST by Pilsner
>> I don’t think that Trump could get sworn in early while there is another standing President.
I’m thinking the swear-in has an effective date.
In my financial dealings with the U.S. govt, transactions have an “effective” date which now makes more sense given your comments.
I’m sure that’s a matter of state law.
Anyway: Trump will take the oath before the public ceremony begins. Thus, he will become President exactly at noon, fully empowered to execute the office.
This entire thread is idiotic and bizarre.
Al Haig, is that you?
Well, that would be a huge LOL in history then. Kerry, thinking that he has the authority to pardon Hillary, does so. Then, he finds out that Trump has already been sworn in. Such FUN!
The Supreme Court has already ruled numerous times on issues like this, most recently in National Labor Relations Board v. Noel Canning , finding unanimously, that a technical interregnum during which there is no practical time for an official to act does not constitute a valid exception case either Constitutionally nor statutorily.
As far as the US Constitution is concerned, there is ZERO practical lapse between the administration of one President and the next.
Give it up.
The Supreme Court has ruled on these questions in several cases. There is no practical lapse in the SCOTUS interpretation of US law between one administration and the next.
the biggest favor Obama could do for Trump would be to pardon Hillary.
It's also nonsense from the perspective of case law. The Supreme Court has ruled on questions like this several times, and each time they've made the same finding: a slight theoretical lapse in time between two Constitutional or statutory events does not constitute a sufficient cause in law for the exceptions to be allowed. John Kerry will not be "acting President" under any definition the Supreme Court has ever considered valid.
Has Hillary even applied for a pardon?
How many Political Pundits and Lawyers can dance the minuet on the head of a Campaign Map push-pin?
Can they still do this while playing “Mother-May-I” and “Simon-Says”?
If a Bureaucrat falls in the forest, can we “Shoot-Shovel-Shutup” without having to do an Environmental Impact Study?
Questions, so many questions!
No. Legally bullshit. For one thing, Kerry won’t be Secretary of State at that point. For another, he also can’t have Presidential authority without also having taken the Oath of Office.
Reread amendment 20. You got it wrong. If there is an acting President, it would be Paul Ryan. But I don’t think anyone would try to find out. they are still trying to figure out who was President between Mar 4 and 5 1849 because Zachary Taylor wouldn’t take the oath on Sun Mar 4. Supposedly the President pro Tempore of the Senate David Acheson was “President for a day” because that was the order of succession then
Check the Presidential Succession Act. Paul Ryan would have to resign his seat in the Congress to become acting president. Al Haig was right.
The Presidential Succession Act was different in Zachary Taylor’s day.
Too many assumptions. Even if some of this were correct, the House Speaker would still have to be offered the position before turning it down.
Try running that argument through a federal court and see how far you get.
If you and and every other Freeper posting posting blather about how the job has to be offered to, and turned down, by the Speaker, or President pro tempore, before the Secretary of State gets a chance to act as President, and/or that the Secretary of State has to take the Presidential oath before acting as President, would bother to read the XXth Amendment, and Presidential Succession Act, you would see that the power to act as President devolves to the Secretary of State automatically, instantly. The Amendment and law were crafted so that if the Soviets nuked the President and Vice President, the remaining US Government would have an official who was acting President, without any delay for consultation, resignation, oath taking, and the like. In the event of a prolonged interval without a duly elected President, who has qualified by taking the oath, the Speaker, or President pro tempore, may resign, take the Presidential oath, and become acting President ahead of the Secretary of State, but until they do the Secretary of State is also acting President.
if so apply tar, and feathers liberally until lurch, obozzo, and the bunch wear feathers for years
Also false, in the United Kingdom and the other Commonwealth Realms the powers of office pass to the new monarch immediately upon the Demise of the Crown. There is no gap. "The King is dead. Long live the King!" represents the legal fact that the transfer of power is instantaneous. While there are legal formalities to follow, up to and including the Coronation. The Crown has passed from one monarch to the next.
The same applies to the Presidency. Barack Obama ceases to be President at Noon EST on 20 January 2017. Donald Trump becomes President at Noon on 20 January 2017.
He has to take the oath, but he is already President at that moment. Lyndon Johnson became President when John Kennedy died, not when he took the oath.
The oath is a requirement, yes, but in an emergency the President can act if there is no time to take the oath, as long has he does so within a reasonable time frame.
personally I believe if Hillary is not indicted immediately as an obvious violation we have not changed anything and our country is a sham..no one can have a private server for classified work period..nothing more is needed, what some nuance to study..no criminal activity deserves justice, and if the elite are let go the elite need to get kicked to the curb before we are war to preserve their status quo
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