Obama retakes oath of office

[DiveCon]

does any of this really matter?
sheeesh Obama is the 44th POTUS

 

[Modbert]

does any of this really matter?
sheeesh Obama is the 44th POTUS

No, not really. But it's bad enough that the Consitution has just been considered a "piece of paper" for the past eight years. At the very least, we should do all our best to make sure it's at least quoted correctly.

 

[Zoom-boing]

Did anyone notice in the re-swearing in -- Obama didn't place his hand on a bible, cause there was no bible? Lame.

 

[Modbert]

Did anyone notice in the re-swearing in -- Obama didn't place his hand on a bible, cause there was no bible? Lame.

No law states that there needs to be a bible. He just wanted to get it over and done it so he can go on and actually do relevant shit.

 

[DiveCon]

No, not really. But it's bad enough that the Consitution has just been considered a "piece of paper" for the past eight years. At the very least, we should do all our best to make sure it's at least quoted correctly.

yeah, too bad that thing about the "just a piece of paper" never actually happened

 

[Modbert]

yeah, too bad that thing about the "just a piece of paper" never actually happened

Never been proven either way. But with the way Bush and Cheney have acted, especially Cheney after the election then it's more then likely.

Unrelated but happened Today: Cheney was quoted in a magazine for stating that Bush should of pardoned Libby.

 

[Paulie]

I agree with you but I am sure one of the reasons they have the amendment is the same reason they have a 'designated successor'. Give you example: say during the inauguration the capitol gets attacked at 12:03pm they have to be clear who is calling the shots or the wording is wrong and the president has to take the oath over but in the time before that we have a President and he is able to act as President!

In that case, Biden would temporarily be the acting president, because he had already taken the oath.

Now, if neither had taken the oath yet, I'm admittedly at a loss. I realize that Obama becomes president at 12:00, but not having taken the oath, I'm not quite sure he could even be considered president since he hadn't even sworn his allegiance to the constitution. He could literally do anything and theoretically not be accountable.

I could be wrong, but there is certainly a reason the oath exists. If it wasn't that important, it wouldn't be a requirement, and they probably wouldn't have re-done it. Obama's lawyers even said they strongly advised re-taking it for legal reasons, regardless of the unlikelihood that it would ever have been challenged federally.

 

[Paulie]

View attachment 6700

If that's the case, you can't drink alcohol then.

18th Amendment: Prohibition of alcohol

21th Amendment: Repealed the 18th.

But by your logic, we'd always follow the 18th before any after.

Rob, the mention of the oath requirement is not an amendment. It's an original section of the constitution.

The 20th amendment has no bearing on the oath affirmation whatsoever.

 

[Luissa]

Bush's term ended precisely noon. Barack Obama is not officially president until he is sworn in.

The vice president elect holds the position until that happens, but only once he is sworn in.

So then it would fall to the Speaker of the House. But only if she would resign her position first, which Nancy Pelosi obviously did not.

Next in line is the President of the Senate, but again only if Robert Byrd would resign his position. And of course he did not.

And the next in the line of succession goes to the current Secretary of State. Condi's position did not end at noon as did Bush and Cheney's. So Condoleezza Rice was president of the United States of America from 12:00 to 12:01 when Joe Biden was sworn in.

That would make Condi the first black president and also the first female president.

CONGRATULATIONS MADAME PRESIDENT!

"and the term of their successors shall then begin" Which means Obama was President at noon!

 

[Jon]

In that case, Biden would temporarily be the acting president, because he had already taken the oath.

I wouldn't think so. Biden is only President if the acting President is unable to do so because of death, incapacitation, or if he is acting under duress. If there is no acting President, then Biden could not act in his place.

 

[Modbert]

In that case, Biden would temporarily be the acting president, because he had already taken the oath.

Now, if neither had taken the oath yet, I'm admittedly at a loss. I realize that Obama becomes president at 12:00, but not having taken the oath, I'm not quite sure he could even be considered president since he hadn't even sworn his allegiance to the constitution. He could literally do anything and theoretically not be accountable.

I could be wrong, but there is certainly a reason the oath exists. If it wasn't that important, it wouldn't be a requirement, and they probably wouldn't have re-done it. Obama's lawyers even said they strongly advised re-taking it for legal reasons, regardless of the unlikelihood that it would ever have been challenged federally.

Obama became President regardless at 12:00 according to the 20th amendment. Simply put. The last line of 20th amendment section 1 I believe states that.

 

[Gord]

Don't you wish that was true.

Though if that's the case, Condi doesn't qualify either since she DIDN'T TAKE THE OATH prescribed in Art. II, Sec. 1, cl. 8.

Going by your logic, nobody was president for a minute.

No she did not have to because she was in the line of succession and under the oath of the former president and her own office. Biden and Obama needed to be sworn in because they were not in the line of succession.

 

[Paulie]

"and the term of their successors shall then begin" Which means Obama was President at noon!

Biden is also a successor. He had sworn in before 12:00, so until Obama swore in, Biden was literally the president during that brief time. You do realize that, right?

If something had caused a delay in both of them taking the oath, the chain of success would skip to Pelosi, being the sitting house speaker. In a case of a delay in oath recitals of both the pres and the VP, Pelosi would actually be the acting president.

 

[Modbert]

No she did not have to because she was in the line of succession and under the oath of the former president and her own office. Biden and Obama needed to be sworn in because they were not in the line of succession.

Wrong again, she failed to take the Oath that would be required of the President under your logic.

Either one of two things:

1.) Obama has not yet taken the oath to be President. TO BE PRESIDENT HE MUST TAKE THE OATH. Since Condi did not take the oath, she was not president.

2.) Obama automatically becomes President at 12:00. Condi does not become President.

Either way, you fail.

 

[Modbert]

Biden is also a successor. He had sworn in before 12:00, so until Obama swore in, Biden was literally the president during that brief time. You do realize that, right?

If something had caused a delay in both of them taking the oath, the chain of success would skip to Pelosi, being the sitting house speaker. In a case of a delay in oath recitals of both the pres and the VP, Pelosi would actually be the acting president.

Now that is a scary thought.

 

[Luissa]

In that case, Biden would temporarily be the acting president, because he had already taken the oath.

Now, if neither had taken the oath yet, I'm admittedly at a loss. I realize that Obama becomes president at 12:00, but not having taken the oath, I'm not quite sure he could even be considered president since he hadn't even sworn his allegiance to the constitution. He could literally do anything and theoretically not be accountable.

I could be wrong, but there is certainly a reason the oath exists. If it wasn't that important, it wouldn't be a requirement, and they probably wouldn't have re-done it. Obama's lawyers even said they strongly advised re-taking it for legal reasons, regardless of the unlikelihood that it would ever have been challenged federally.

It doesn't matter that Biden took the oath before Obama, Obama was still President at noon. Yes he has to take the oath but he still becomes the President at noon! Most likely for the reasons I stated before!
Also otherwise why would they make an amendment stating that the President's successor shall take office when the acting Presidents term ends at noon. Without this you would have such problems as who is really President at 12:03 if the inauguration is running late!And if you are also right why wouldn't they make the President take the oath first!

 

[Jon]

Wrong again, she failed to take the Oath that would be required of the President under your logic.

Either one of two things:

1.) Obama has not yet taken the oath to be President. TO BE PRESIDENT HE MUST TAKE THE OATH. Since Condi did not take the oath, she was not president.

2.) Obama automatically becomes President at 12:00. Condi does not become President.

Either way, you fail.

Wrong. In a situation where the President dies or becomes incapacitated, the line of succession takes effect immediately. Those in line have already taken an oath to fulfill the role of President, as it is part of their duty in their current position. Basically, Condoleeza had already taken an oath to be President if those before her were unable to serve.

 

[Paulie]

Obama became President regardless at 12:00 according to the 20th amendment. Simply put. The last line of 20th amendment section 1 I believe states that.

Rob, you're wrong. No one officially becomes a "successor" until they have taken an oath. A delay in oath recital at precisely 12:00 leaves the next in the chain of succession as acting president. Biden had taken the oath before 12:00, so had Obama not done so for whatever reason, Biden would be the acting president. If NEITHER had taken the oath for whatever reason, Pelosi would be acting president because she was in the official chain of succession.

No one ever mistook the constitution for being perfect, and the 20th amendment is no different in that case. It is unclearly written, and is obviously diluding critical thought process here.

You can't be a successor of anything if you haven't taken your required oath.

 

[Luissa]

Biden is also a successor. He had sworn in before 12:00, so until Obama swore in, Biden was literally the president during that brief time. You do realize that, right?

If something had caused a delay in both of them taking the oath, the chain of success would skip to Pelosi, being the sitting house speaker. In a case of a delay in oath recitals of both the pres and the VP, Pelosi would actually be the acting president.

You might want to read the amendment again bud! No where does it say that Vice President is President until the President elect takes his oath. I will write is again " and the terms of their successors shall then begin" refering to the part at the beginning where it says "The terms of the President and Vice President shall end at noon on the 20th day of January"

 

[Paulie]

It doesn't matter that Biden took the oath before Obama, Obama was still President at noon. Yes he has to take the oath but he still becomes the President at noon! Most likely for the reasons I stated before!
Also otherwise why would they make an amendment stating that the President's successor shall take office when the acting Presidents term ends at noon. Without this you would have such problems as who is really President at 12:03 if the inauguration is running late!And if you are also right why wouldn't they make the President take the oath first!

You are wrong Luissa, I'm sorry. Research it if you need to.

The reason the oath wouldn't be given beforehand is because he obviously isn't the president yet, until 12:00. How can you swear your allegiance to the constutition and to faithfully execute your duties as president if you aren't the president yet?

There's a reason you take the oath at 12:00, obviously. Because that is the moment you become president. If something delays the process, then so be it. You rely on chain of succession, which is something ALSO clearly stated in the constitution. It would just be a matter that becomes necessary to deal with. No big deal obviously, because it would literally be a matter of minutes, and most likely not involve policy decisions, absent some kind of unfortunate event.