Nonsense. The presidential term ends at 12 noon EST on the day. At high noon Bush ceased to be president and Obama became president. The swearing in is a formality.
From 12:00 to the time he took the oath, about 5 minutes later, he couldn’t execute the powers of the Presidency. Nancy Pelosi could, however, if I understand the wording correctly.
Nope. The Constitution explicitly 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.” “
Note: BEFORE HE ENTER ON THE EXECUTION OF HIS OFFICE.
Swearing the oath is a *requirment* of the Constitution. In fact it's actually "phrased as a command. "Before he enter on the Execution of his Office, he shall take the following Oath" The oath itself is the only thing in the Constitution that is in quotes. It's supposed to be sworn that way, and no other way.
Only if it was accomplished in writing before the formal ceremony, is that taking of the oath (Not swearing in) a "formality".
That's the way the military does it for officers swearing their oaths (same one that that VP Biden swore just before noon).
The entire Constitution is now considered a mere "formality," ie not necessary, optional, by virtually our entire political and legal class.
Sorry to see you infected by that dangerous way of thinking.