Biden Swearing-In Early

[Chris27777]

Can Roberts swear him in at 12:01am on Jan 20? Might be useful.

[dweller]

1. Just add a 0

to tomorrow?


✌🏻

[SergeStorms]

2. He can swear him in immediately...

as far as I'm concerned. We've been without a president for far too long now. It's not that Trump wants to do the job or anything, he just likes the trappings of power associated with the office.

[LongtimeAZDem]

3. Nope

"The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin."

[Dem4Life1102]

5. Thanks

Glad that some actually read the constitution.

[servermsh]

4. Not sure if serious but the 20th Amendment specifies Noon. n/t

[StarfishSaver]

6. No. Trump's term doesn't end until noon.

[Hekate]

7. No. But if the GOP futzes around long enough, the Speaker of the House WILL be sworn in until...

...they stop being idiots.

President Nancy Pelosi has a nice ring to it, doesn’t it? Something those utterly cynical *holes should start thinking about.

[onenote]

15. Please describe a scenario where Pelosi becomes President?

[StarfishSaver]

18. Sigh ...

[Hekate]

25. By the way, a happy & healthy new year to you

[StarfishSaver]

31. Same to you!

[Hekate]

24. The Speaker of the House of Representatives is 2nd in line to the presidency.First in line is the VP

If anything happens to both the president and vice president (i.e. death) the Speaker of the House (in this case Nancy Pelosi) becomes President. This is in the US Constitution. It is so the office will not fall vacant.

There is no provision in the Constitution for someone to refuse to leave office when their term is up. Trump, who by the way is crazy, thinks he can make everything stop by having a tantrum and telling his cultists to riot. He can’t. His term in office ENDS at noon January 20.

His term ends that day and hour despite all the shenanigans that he or his *hole Senators & Congressmen may decide to pull. It ends whether or not there are riots in Washington. It ends whether or not he starts a war. IT ENDS. The mad king can barricade himself behind the Resolute Desk and he will still CEASE to be president.

And if for any reason the Trumpists manage to screw things up to the point the duly-elected Biden can’t in fact be sworn in at that moment, the Speaker of the House AUTOMATICALLY steps in.

If I have gotten any of the details wrong, Starfish, Gothmog, Msanthrope or one of our other DU lawyers will step up and clarify.

[onenote]

28. And how do the Trumpets keep Biden from being sworn in?

This nonsensical tin foil crap really needs to stop.

And if you don't believe me, I'm pretty sure Starfish will back me up.

[StarfishSaver]

29. Biden automatically becomes president at noon on January 20, 2021

The Constitution requires him to take the oath before executing the duties of president, but that requirement is not a prerequisite to him assuming the office. He becomes president at noon whether he takes the oath or not.

And, remember, the vice president is sworn in before the president - and, since there is no constitutional requirement that she be sworn in before taking on the office, she not only becomes vice president, but can also perform all the duties of the office, whether or not she is sworn in. So, if for any reason, he can't perform the duties of the office - for example, by virtue of the fact that he hasn't been sworn in - Kamala Harris is empowered to perform those duties. There is never a gap that the Speaker has to fill.

[Prof.Higgins]

8. Unnecessary. Biden automatically becomes Prez on 20 Jan. Swearing is a public ceremony. NT

[brooklynite]

11. You are incorrect...

Article II, Section 1

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.”

He cannot take the oath before 12 noon on January 20th, and he cannot act as President until he takes the oath.

[StarfishSaver]

23. He need not take the oath to BECOME president, just to execute the duties

The Constitution says that he must take the oath before he "enter[s] on the execution of his office." This means that, while he becomes president at noon, he may not perform the duties of "his office" until he takes the oath. The language referring to his office suggests that he assumes the office regardless whether or when he takes the oath. He just can't do the job until be does. An interesting distinction. But it does ensure that the country is never without a president and, even if there is, for any reason, a delay in taking the oath, the succession of the office itself is seamless.

[lastlib]

26. That language does seem to suggest that he can take the oath....

any time between 1/6 (after Congress certifies the votes) and noon 1/20--but he cannot exercise presidential powers until noon 1/20. Do I read that correctly?

[StarfishSaver]

30. That's an interesting point

Yes, I think your reading is probably correct. The Constitution simply says he must take the oath before executing the duties of his office - it doesn't say he must do it at noon on January 20.

[obamanut2012]

9. no

[brooklynite]

10. Amendment XX, Section 1

Amendment XX
(ratified January 23, 1933)
Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3rd day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

[BainsBane]

41. Surely the constitution can't compare

To the OP's fantasies.

[bottomofthehill]

12. He can swear him so whenever he wants but his term will not start

Until 01/20/2021 at 1200:01 est

[beastie boy]

14. Only possible in one place on Earth: the US Embassy in Canberra, Australia

Amendment XX requires the President to be sworn in on Jan 20 at noon. This date and time comes 12 hours earlier in Canberra, Australia. And since the US embassy there is technically a US territory, I don't see why not.

[bottomofthehill]

16. XX Section 1 does not actually say anything about swearing in place or time.

It only says Term starts at Noon. Where or when the oath is taken is not mentioned

[onenote]

32. Article II Section 1 Clause 8

"Before he enters 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."

The taking of the oath is a prerequisite for exercising the powers of the Presidency. Nothing says e couldn't take it before he officially became president at noon, but the logical understanding would be that he becomes president and then takes the oath, not the other way around.

[bottomofthehill]

33. Actually, the oath is usually taken just before noon and not just after

It is taken before so that at the stroke of 12. the President is the President.

This picture (actually combination of pictures) was taken before noon. I love it as you can zoom in really close. If you know where you were sitting, you can even find yourself.

http://gigapan.com/gigapans/17217

[Mr.Bill]

17. What I would love to see is him being sworn in

in a simple ceremony in the oval office and right after he says "so help me God" he just says excuse me, I've got a huge mess to clean up then he walks over to the desk and sits down and goes to work.

[bottomofthehill]

20. He could do that if trump would let him in before noon.

FdR took the oath at the Whitehouse

[Mr.Bill]

22. He could take the oath off camera at noon outside, then

walk in and do it on camera.

[brooklynite]

35. And the advantage of this would be.......?

[Mr.Bill]

36. Just the image of no big ceremony,

just a man who wants to get to work. I think that would be a good tone to set.

[brooklynite]

38. Unless you propose to take this up with Biden, the decision has already been made...

There will be a swearing in ceremony on the west side of the Capitol with a limited crowd attending.

[Mr.Bill]

39. I'm aware of that. Just saying what I would like to see,

not that I'm going to see it.

[Meowmee]

19. Hopefully 12 hours will not make much of a difference.

[BainsBane]

21. I love when people post stuff like this

as though DU gets to determine any of it.

[lastlib]

27. We're all constitutional lawyers here, don'tcha know?

--- ---

[Mr.Bill]

37. Well, that describes most of the threads here,

if not all of social media. It's just thinking in print.

[BainsBane]

40. no

It's pretending that all that has to happen is for DU to agree on something and it magically materializes. This post could get a 1000 likes, and it won't change a thing.

[Mr.Bill]

42. You want to know what I think is pretty funny?

People thinking every thing is going to get better because we just flipped over a page on the calendar.

[BainsBane]

43. What makes it better

is a new president.

[Mr.Bill]

44. Well, of course there is that.

But I'm talking about people saying it's just so great that 2020 is over without even relating it to politics. It's like when you hit a milestone birthday and people ask so, what it feel like to be 60? Well, almost the same as it feels like to be 59 and 364 days.

But you are right. January 20th is a day where the calendar will make a difference overnight.

[Kaleva]

34. "The terms of the President and Vice President end at noon on the 20th day of January.....

and the terms of their successors shall then begin."

https://constitution.congress.gov/constitution/amendment-20/

[StarfishSaver]

45. Exactly

He becomes president at noon, regardless whether he takes the oath. The same article requires the oath be taken before he actually exercises his duties, but he becomes the president at noon.