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onenote

(46,401 posts)

32. Article II Section 1 Clause 8

Fri Jan 1, 2021, 10:23 PM

Jan 2021

"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.

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Biden Swearing-In Early [View all] Chris27777 Jan 2021 OP

Just add a 0 dweller Jan 2021 #1

He can swear him in immediately... SergeStorms Jan 2021 #2

Nope LongtimeAZDem Jan 2021 #3

Thanks Dem4Life1102 Jan 2021 #5

Not sure if serious but the 20th Amendment specifies Noon. n/t servermsh Jan 2021 #4

No. Trump's term doesn't end until noon. StarfishSaver Jan 2021 #6

No. But if the GOP futzes around long enough, the Speaker of the House WILL be sworn in until... Hekate Jan 2021 #7

Please describe a scenario where Pelosi becomes President? onenote Jan 2021 #15

Sigh ... StarfishSaver Jan 2021 #18

By the way, a happy & healthy new year to you Hekate Jan 2021 #25

Same to you! StarfishSaver Jan 2021 #31

The Speaker of the House of Representatives is 2nd in line to the presidency.First in line is the VP Hekate Jan 2021 #24

And how do the Trumpets keep Biden from being sworn in? onenote Jan 2021 #28

Biden automatically becomes president at noon on January 20, 2021 StarfishSaver Jan 2021 #29

Unnecessary. Biden automatically becomes Prez on 20 Jan. Swearing is a public ceremony. NT Prof.Higgins Jan 2021 #8

You are incorrect... brooklynite Jan 2021 #11

He need not take the oath to BECOME president, just to execute the duties StarfishSaver Jan 2021 #23

That language does seem to suggest that he can take the oath.... lastlib Jan 2021 #26

That's an interesting point StarfishSaver Jan 2021 #30

no obamanut2012 Jan 2021 #9

Amendment XX, Section 1 brooklynite Jan 2021 #10

Surely the constitution can't compare BainsBane Jan 2021 #41

He can swear him so whenever he wants but his term will not start bottomofthehill Jan 2021 #12

This message was self-deleted by its author beastie boy Jan 2021 #13

Only possible in one place on Earth: the US Embassy in Canberra, Australia beastie boy Jan 2021 #14

XX Section 1 does not actually say anything about swearing in place or time. bottomofthehill Jan 2021 #16

Article II Section 1 Clause 8 onenote Jan 2021 #32

Actually, the oath is usually taken just before noon and not just after bottomofthehill Jan 2021 #33

What I would love to see is him being sworn in Mr.Bill Jan 2021 #17

He could do that if trump would let him in before noon. bottomofthehill Jan 2021 #20

He could take the oath off camera at noon outside, then Mr.Bill Jan 2021 #22

And the advantage of this would be.......? brooklynite Jan 2021 #35

Just the image of no big ceremony, Mr.Bill Jan 2021 #36

Unless you propose to take this up with Biden, the decision has already been made... brooklynite Jan 2021 #38

I'm aware of that. Just saying what I would like to see, Mr.Bill Jan 2021 #39

Hopefully 12 hours will not make much of a difference. Meowmee Jan 2021 #19

I love when people post stuff like this BainsBane Jan 2021 #21

We're all constitutional lawyers here, don'tcha know? lastlib Jan 2021 #27

Well, that describes most of the threads here, Mr.Bill Jan 2021 #37

no BainsBane Jan 2021 #40

You want to know what I think is pretty funny? Mr.Bill Jan 2021 #42

What makes it better BainsBane Jan 2021 #43

Well, of course there is that. Mr.Bill Jan 2021 #44

"The terms of the President and Vice President end at noon on the 20th day of January..... Kaleva Jan 2021 #34

Exactly StarfishSaver Jan 2021 #45