RE: Congrats to Obama, Second Black US President!

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RE: Congrats to Obama, Second Black US President! - 1/22/2009 3:26:02 AM

BitaTruble

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quote:

ORIGINAL: variation30

all I've gotten so far is this: obama is the president elect until the oath. condie was the president (though could not do anything as she hadn't taken the oath) until obama took the title.

I think there's something that's been missed here. Biden was sworn in before noon so when Bush's term expired 'at' noon, Biden would have been in line before Condi. Condi was never president.

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RE: Congrats to Obama, Second Black US President! - 1/22/2009 3:41:02 AM

Hippiekinkster

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quote:

ORIGINAL: variation30

quote:

ORIGINAL: Musicmystery

If you're claiming that Bush is out of office but his cabinet is still in place, even for 20 minutes, you've a LOT of explaining to do.

I am. under any other circumstance when the president is out of office (like death), the cabinet stays. I'm going to look at all the old succession acts and see if they say anything about this, but I don't think they do.

I have a sneaking suspicion that smarter people than you have already thought this through.

I remember when I was a college kid and I thought I'd figured something new and unique out, only to find that others had already worked through it.

We didn't have teh Interwebs to show everyone how brilliant we were, though.

You keep working on it. Some day you might be a Constitutional Scholar. You have to finish that Econ101 class first, though.

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RE: Congrats to Obama, Second Black US President! - 1/22/2009 3:45:27 AM

CatdeMedici

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Good point, so what does that mean regarding any executive orders he signed before he completed the second oath?

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RE: Congrats to Obama, Second Black US President! - 1/22/2009 3:52:50 AM

housesub4you

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No he was President at noon on the 20th with or without the swearing in. You have to read the whole document and not just pick and choose the pieces that support your ideals

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RE: Congrats to Obama, Second Black US President! - 1/22/2009 4:07:47 AM

barelynangel

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I am with bita on this, when noon came around, Biden was already sworn in as to his duties as the New Administrations Vice President of the US and he won this through election not appointment yes? and the Oath was his launch into his duties -- yes? Therefore, at noon, Bush did resign based on the nature and constitution you yourself quoted, his term ended. The resignation is a forced resignation through agreement of the contract he agreed to when he took office (i.e., follow the constitution, which means his resignation was effective as of Noon). Since Biden had taken the Oath, and there was no President who could serve, he then became President until such time a President was capable of serving.

Sorry Condi -- while i think she should have ran lol wasn't President.

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RE: Congrats to Obama, Second Black US President! - 1/22/2009 6:44:12 AM

DomKen

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Actual Constitutional scholars are in agreement, the 20th amendment supplants the oath requirement. Obama became POTUS at precisely noon local time on Jan. 20th as is quite clearly stated in the 20th amendment.

< Message edited by DomKen -- 1/22/2009 6:52:15 AM >

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RE: Congrats to Obama, Second Black US President! - 1/22/2009 7:37:07 AM

SilverMark

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Exactly DomKen, the oath is really not as important as the time of day!....At 12:00 p.m. Obama became the President!

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RE: Congrats to Obama, Second Black US President! - 1/22/2009 11:26:53 AM

hardbodysub

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quote:

ORIGINAL: variation30

quote:

ORIGINAL: Musicmystery

She would also have to have been sworn in, just as happens in a hurry when Presidents have died in office.

She wasn't.

she would have been the president in name but could not have actually done anything as one has to recite the oath before they can execute any power. I've been looking at related acts to see if there is anything that says the president elect becomes the president until the oath...but I've got nothing yet.

all I've gotten so far is this: obama is the president elect until the oath. condie was the president (though could not do anything as she hadn't taken the oath) until obama took the title.

I think the OP is wrong on three counts, two of which are mentioned above. First, the statement "Before he enter on the execution of his office, he shall take the following oath or affirmation", doesn't say that he's not president until the oath is taken. The key word is "execution". He's not to take official presidential actions before taking the oath. But that's just semantics. Second, regardless of what you think about my first point, condie couldn't be president any more than the President-Elect, or anyone else could, until SHE took the oath as well. And third, you've apparently overlooked Artilce XX, Sec. 3. which states "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".

Condie was never anything.

[edited to fix missing quotation mark]

< Message edited by hardbodysub -- 1/22/2009 11:28:12 AM >

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