GUN Bet you didn't hear mention of this..

Discussion in 'On Topic' started by Thunderbear, Jan 25, 2009.

  1. Thunderbear

    Thunderbear Yggdrasil's Forester.

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    (1) The 20th Amendment provides that “[t]he terms of the President and Vice President shall end at noon on the 20th day of January. . . . ”

    (2) Art II., Sec. 1 Cl. 8 provides that “efore he enter on the Execution of his Office, [The President] shall take the following oath. . . ”

    (3) President Obama did not take the Oath of Office until about 12:03 pm today, after Vice President Biden took it at about 12:01 p.m. (Yo Yo Ma and Itzhak Perlman were still fiddling at noon).

    (4) Therefore, there was a brief window (just after noon) when George Bush and Dick Cheney were no longer President and Vice President, but Barack Obama and Joe Biden also were not yet qualified to enter on the Execution of their offices.

    (5) The Presidential Succession Act, 3 U.S.C. sec. 19(a)(1), provides: “If, by reason of . . . failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President.” Section 19(b) states that the President Pro Tempore of the Senate shall act as President (under the same terms and conditions) if the Speaker of the House fails to qualify.

    (6) Neither Nancy Pelosi nor Robert Byrd actually resigned their seats in the Congress. Thus, neither of them qualified to become Acting President under the Presidential Succession Act. Plus, interbranch appointments might be unconstitutional anyhow. See Akhil Reed Amar and Vikram David Amar, Is the Presidential Succession Law Constitutional?, 48 Stan. L. Rev. 113 (1995); but see Howard Wasserman, Structural Principles and Presidential Succession, 90 Ky. L.J. 345 (2002).

    (7) Section 19(d)(1) of the Presidential Succession Act provides: “If, by reason of . . . failure to qualify, there is no President pro tempore to act as President under subsection (b) of this section, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President shall act as President: Secretary of State . . . ”

    (8) Notably, Section 19(d)(1) does not condition the Secretary of State’s assumption of the powers and duties of the office of President on resignation of her current office, nor does elevation of the Secretary of State raise any constitutional issue of interbranch appointment.

    (9) The term of office of the Secretary of State does not automatically terminate at noon on the 20th day of January.

    (10) On January 20, 2009, Condoleeza Rice was (and is) still the Secretary of State.

    (11) Accordingly, from 12:00 noon until 12:01 p.m. (when Vice President Biden took the oath of office and became Vice President), Condoleeza Rice was momentarily the Acting President of the United States, our first African-American President.

    I suppose the obvious counterargument is that Secretary Rice *also* never took the Oath prescribed in Art. II, Sec. 1, cl. 8, and thus was no more qualified than Barack Obama or Joe Biden to act as President at 12:00 noon. But if Secretary Rice was not President from noon to 12:01, then who was?

    –Ken Katkin
    Professor of Law
    Salmon P. Chase College of Law
    556 Nunn Hall
    Northern Kentucky University
    Highland Heights, KY 41099
     
  2. striker754

    striker754 Chillin

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    Bet you didnt read this


    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.
     
  3. HorseDick

    HorseDick Active Member

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    who gives a shit about technicalities that don't make a goddamn difference?
     
  4. [DWI]

    [DWI] Master of Nothing

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    So what you are really saying is that Nancy Pelosi was running the country for 1 minute?
     
  5. Thunderbear

    Thunderbear Yggdrasil's Forester.

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    More from the same place...

    :rofl:
     
  6. phoenixTX

    phoenixTX New Member

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