The Oath of Office

The entire law about what happens on January 20th, 2017 is what the Constitution says

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.”

Just an aside that the Constitution is not gender neutral

The swearing in of the President is entirely by tradition, not law. There is no requirement that the taking of the Oath occur in any specific place, nor be administered by any specific person. In the event of some outlandish scheme like Trump being detained, his plane being blocked from going to DC, the Capital police shutting down D.C., Donald Trump could take the Oath of Office in Palm Beach administered by his son in law.

Lyndon Johnson took the Oath of Office while Air Force One was sitting on Love Field in Dallas, Texas. The Oath was administered by a local Federal judge

https://www.jfklibrary.org/Asset-Viewer/69hd9OSYoEGqe6_eWExDxQ.aspx

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2 Responses to The Oath of Office

  1. Fred Stiening says:

    More “what if” minutiae about tomorrow. The current US Senate’s term of office ends at Noon on January 3rd, no matter what – even if the new Senate fails to meet. The Chairman of the Senate is the sitting Vice President, which is ceremonially only, unless there is a tie vote.

    At Noon, Joe Biden will gavel the new Senate into session as acting chairman. Should Biden not be present, the current Senator pro tempore (Orrin Hatch)would assume the role of acting chairman.

    http://www.senate.gov/CRSpubs/cf80c40a-29bc-4d1b-9dec-541dff2349b6.pdf

    Because Mike Pence is not officially Vice President until January 20th, Joe Biden or Orrin Hatch is officially chairman for the two weeks. Once the election of leaders formality is done, Orrin Hatch is no longer “acting”, since he holds that position currently and will continue to.

    If two Republican Senators switch to be Democrats (McCain and Graham?), then all bets are off. If Chuck Schumer becomes majority leader in a coalition with #nevertrump, everything becomes possible – but a global financial collapse would be certain. I told someone in private that I give that a 20% probability.

    Assuming there are no surprises, Joe Biden keeps the gavel for the next two weeks. When Mike Pence’s term of office begins at noon on the 20th, he gets the gavel. If you’re looking for little holes for Democrats to sneak through like cockroaches, if circumstances cause Mike Pence to become President in January 20th, that means there is no VP to chair the Senate or break a tie.

    I hope Donald Trump enjoys herding cats.

  2. Fred Stiening says:

    Because January 3rd, 2015 fell on a Saturday, the sabbath for some Senators, the convening of the Senate was pushed back to January 6th. This year it will be on the 3rd.

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