Obama retakes oath of office

[Modbert]

You may be right, who knows. But this only precludes Rice. That amendment still clearly states that Biden was president until Obama qualified, which would require him taking the oath that the constitution REQUIRES him to take.

It would make logical sense that either Obama or Biden is President during the entire time. That I have no problem with, the problem I have is the idea that Condi was President. That is in no way possible as she did not even take any oath along with the points I've already beaten to death like the entire horse of a thread which has been killed long before I arrived.

 

[Paulie]

Actually I think Rice would be considered an acting president of the previous president under which is her position. And Biden would be an acting president under the presumption of the coming administration of the president elect. So the numbers for the elected presidents would not change.

Good point. That's PROBABLY the case, too.

 

[Jon]

It would make logical sense that either Obama or Biden is President during the entire time. That I have no problem with, the problem I have is the idea that Condi was President.

Tough titty. Before Biden took oath, Biden couldn't be President. Same goes for Obama. As you said, when the former President's term ends, the succession begins. Pelosi and Reid would not qualify because they would have to resign their elected seats. Rice then qualifies as she had no elected seat to resign.

 

[Jon]

That is in no way possible as she did not even take any oath along with the points I've already beaten to death like the entire horse of a thread which has been killed long before I arrived.

She did not have to take an oath. Her oath was taken at the time she accepted the position of Secretary of State, and part of that oath is to serve as President if her predecessors cannot.

 

[Gord]

You may be right, who knows. But this only precludes Rice. That amendment still clearly states that Biden was president until Obama qualified, which would require him taking the oath that the constitution REQUIRES him to take.

Rice remains Secretary of State until her successor is takes over.

 

[Modbert]

But I think he served two separate times.

That would be correct actually, my mistake.

Cheney becomes President for a day - ABC News (Australian Broadcasting Corporation)

 

[Paulie]

Do you make this stuff up as you go along? George Bush was president until exactly 12 noon on January 20, 2009. At that exact moment, by operation of law, Barack Obama became president.

The oath has to be taken, apparently, before he can EXECUTE his responsibilites as president. (at least according to Article III). However, I suspect that if the issue were ever to go before the Justices (including the one who botched the oath in the first place) they would hold that he was properly president at the stroke of noon.

Oh for christ's sake jill, there's numerous amounts of information posted, INCLUDING the 20th amendment, that clearly states that Biden was president until Obama took the oath. The president does not qualify as the executive until he recites the oath.

Being able to "execute" your duties relies inherently on you qualifying to be the executive. How are you not understanding this? Everyone else that has challenged that seems to have been able to understand it upon more clarification, which even I admit to having needed here.

 

[Modbert]

She did not have to take an oath. Her oath was taken at the time she accepted the position of Secretary of State, and part of that oath is to serve as President if her predecessors cannot.

Their terms expire on noon, January 20th.

Do you know when her term expires? Would it not be at noon as she is a member of Bush's cabinet?

I've never heard of cabinet members being around longer then the President when it comes to time in power.

When there is a vacancy as Secretary, the office is exercised by another member of the cabinet, as was common in earlier history, or, in more recent times, by a subaltern official of the State Department until the President appoints and the United States Senate confirms a new Secretary

And obviously, this wasn't done.

 

[jillian]

Oh for christ's sake jill, there's numerous amounts of information posted, INCLUDING the 20th amendment, that clearly states that Biden was president until Obama took the oath. The president does not qualify as the executive until he recites the oath.

Being able to "execute" your duties relies inherently on you qualifying to be the executive. How are you not understanding this? Everyone else that has challenged that seems to have been able to understand it upon more clarification, which even I admit to having needed here.

I'm afraid that you are the one who isn't getting it......

but how are YOU not understanding that Joe Biden was never president? That's just bizarre.

 

[Modbert]

Rice remains Secretary of State until her successor is takes over.

No

Because that would mean she would of been President until Hillary got confirmed yesterday.

Plus:

When there is a vacancy as Secretary, the office is exercised by another member of the cabinet, as was common in earlier history, or, in more recent times, by a subaltern official of the State Department until the President appoints and the United States Senate confirms a new Secretary.

 

[Jon]

No

There was no vacancy in the seat. She was acting Secretary until the new administration took over. That did not happen until Biden was sworn in.

 

[Jon]

I've never heard of cabinet members being around longer then the President when it comes to time in power.

Because it's never happened.

 

[Jon]

I'm afraid that you are the one who isn't getting it......

but how are YOU not understanding that Joe Biden was never president? That's just bizarre.

We're just following the Constitution. Remember, it's more than just a piece of paper.

 

[Gord]

No

Because that would mean she would of been President until Hillary got confirmed yesterday.

Plus:

There was no vacancy. Rice continued on as Secretary of State. Once Biden was sworn in he became acting president until Obama was sworn in.

 

[Jon]

Because that would mean she would of been President until Hillary got confirmed yesterday.

No, because Biden's being sworn in ended Rice's term as Secretary of State AND superseded her in the line of succession.

 

[Modbert]

There was no vacancy. Rice continued on as Secretary of State. Once Biden was sworn in he became acting president until Obama was sworn in.

Did you look at the 20th amendment? That specifically states that all terms end at noon for the President and Vice President.

That means their cabinet too.

 

[jillian]

We're just following the Constitution. Remember, it's more than just a piece of paper.

No... you're not. You're stirring the pot. And if any of you knew a thing about the constitution, I'd eat my hat.

The issue of suspension of the executive power
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.[2]

Such finding was based on a 1821 ruling by Chief Justice John Marshall opining that it was "inevitable" the existence of a short "interval in which the executive power is suspended" because "the Constitution only provides that the President shall take the oath it prescribes 'before he enters on the execution of the office'." Marshall then referred to the interval between the midnight of the 3rd of March, when the presidential term started, and the noon of the 4th, when the oath of office was taken, as it was the practice at that time, saying that "there has been uniformly and voluntarily an interval of twelve hours in which the executive power could not be exercised." Marshall further notes that the law was silent on the exact time the oath should be taken, leaving it "at the discretion of the high officer", who could decide to take the oath on the first hour of his term in an emergency, or could defer the taking of the oath until the next day, if more convenient (for instance if inauguration day fell on a Sunday); neither timing would be deemed improper, though it is reasonable to take the oath "as soon as it could be conveniently taken" so to shorten that time interval.[2]

With the enactment of the 20th Amendment, the moment when one term ends and another begins was changed from the midnight of the 3rd and 4th of March to noon on January 20th, but the amendment only dealt with the beginning and end of the presidential term, not with the moment when the new President actually enters in the execution of his office.

Oath of office of the President of the United States - Wikipedia, the free encyclopedia

 

[Jon]

here is no interval between the term of one President and the beginning of his successor

No one argued that. We're arguing who that successor was. Couldn't have been Obama, he did not qualify for the position.

Did you even read that article yourself?

the amendment only dealt with the beginning and end of the presidential term, not with the moment when the new President actually enters in the execution of his office.

 

[del]

Did you look at the 20th amendment? That specifically states that all terms end at noon for the President and Vice President.

That means their cabinet too.

no, it doesn't. cabinet members are appointed, not elected. they serve at the pleasure of the president once confirmed by the senate. unless she submitted her resignation, she was still SecState.

 

[Paulie]

I'm afraid that you are the one who isn't getting it......

but how are YOU not understanding that Joe Biden was never president? That's just bizarre.

Ok, let's go over this slowly, shall we?

Amendment 20, Section 3.

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Let's hear your reasoning for how Obama could have possibly qualified, absent a recital of the required oath, as stated in Article 2, Section 1 which reads as follows:

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."

PLEASE tell me you get it now. Everyone else finally seems to.