Did you run your theory past Mr Justice Merrick Garland?
Al Haig, is that you?
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 biggest favor Obama could do for Trump would be to pardon Hillary.
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
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 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
I’m going to point out the obvious and note that John Kerry will not be sworn in as President at any point in time so he will have no opportunity to exercise the powers invested in the office.