Modbert
Daydream Believer
- Sep 2, 2008
- 33,178
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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.
In 1916, the State Department determined that "there is no interval between the term of one President and the beginning of his successor, although there may be a slight interval when the executive power is suspended." Therefore, a delay in taking the oath of office would not leave a hiatus in the office of the President, but the new president would not have the constitutional power to perform any executive function until the oath of office was taken
http://query.nytimes.com/mem/archive-free/pdf?_r=2&res=9C00E3D7143BE633A25756C1A9679D946796D6CF
Perhaps this is what you speak of? But the 20th amendment fixed it.
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