Does the president need to take the oath of office?
Since the ratification of the Twentieth Amendment, the oath is completely symbolic. The transition happens automatically. “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 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.
I heard the CBS commentary as well–they made a point of noting that George Bush ceased being president (his presidency “expired” was the term they used) at noon, but Obama was not sworn in until 12:05, so Joe Biden was president for that time. Even if this were true (it doesn’t appear to be), Biden didn’t take his oath until a minute or so after noon either. But it appears Obama was president at noon whether or not he took the oath.
Uh… are you saying that the Constitution allows someone to be president without having presidential authority? That’s crazy talk! Yet, there it is in black and white. Look at it like this- you buy a lottery ticket, and it wins. The lottery people say that there was only one winning ticket sold. Therefore, you ARE the winner. However, before you can get your money, you have to sign the papers. The Constitution states who is to become the president and when, and then further states what they have to do before they can do anything about it. And in any case, I don’t suppose Condaleeza Rice could be considered to have been president in the short interval after noon, before Obama was sworn in, because she didn’t take the oath of office either. If you ignore the part about how the terms end and begin simultaneously, then it’s not so clear- the constitution states that President and VP Elects must take the oath, but it does not state that an acting president must. It just says “…shall act
Flunkie, you’re living up to your handle: It says the term of the outgoing president ends at noon on January 20th. That may strongly imply that the term of the incoming president begins at noon on January 20th, but the Constitution does not directly state so. Read the 20th Amendment: “The terms of the President and Vice President shall end at noon on the 20th day of January … and the terms of their successors shall then begin.” He became President upon the death of JFK, but the Constitution requires the oath before the President is allowed to execute any powers. Uh… are you saying that the Constitution allows someone to be president without having presidential authority? That’s crazy talk!
Really interesting answers… thanks! I thought Obama might need a “redo”, but iamkimian’s explanation makes sense to me. And in any case, I don’t suppose Condaleeza Rice could be considered to have been president in the short interval after noon, before Obama was sworn in, because she didn’t take the oath of office either.
