Fox News cries: “Joe Biden took the oath of office at noon Wednesday, taking the helm of a deeply divided nation and inheriting a confluence of crises.” [1]
NO HE DID NOT!
Just like Obama’s first swearing in: Biden’s was ‘different’.
‘Plugs’ arrived for the event in a private plane. He took the oath of office before he was President.
Taking the oath does not make one President. Noon on January 20th makes the person President. So why then did the Washington Post come up with this?
“Robert Chesney, a law professor at the University of Texas at Austin, pointed to Article II, Section 1 of the Constitution, which states that the oath must be taken “before” the president takes office.
‘Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation,’ the clause reads.
‘The prior president’s authority expires no matter what at noon on the 20th,’ Chesney said in an email, adding, ‘it would actually be a bit weird if there were some sort of rule requiring that moment be passed before the new president could take the oath effectively, since this would create at least a few moments if not several minutes in which neither one would be president.'” [2]
Execution of the office is not the same as holding the office!
Allow this: Section 1 of the 20th Amendment to the Constitution states:
“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.”
It is physically impossible to legally take the oath of that office until after or on NOON of the 20th.
Obama’s first oath of office (after noon on the 20th) was messed up by Chief Justice John Roberts. He had to take the real oath in a private session with Roberts. Look it up! But at least he took the oath AFTER he was legally able to take it.
This time, Biden took the oath of office before he was President. He took the oath to the highest office in the land before then President Donald J. Trump had left the office.
TAKING AN OATH TO AN OFFICE YOU DO NOT HOLD IS EITHER INSURRECTION, SEDITION TO THAT OFFICE OR TREASON. OR ALL THREE.
Biden can still take the oath. George Washington didn’t take the oath for almost two months after assuming the office. But that was before the 20th Amendment.
“The 46th president, known for his chronic tardiness, finished reciting his oath of office at 11:48 a.m.” [2]
As with most of the Constitution, to Democrats the words do not matter. To reality. They do.
“U.S. Constitution Article II, Section 1, Clause 8: [3]
‘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.”‘
What is the time relationship between a President’s assumption of office and his taking the oath? Apparently, the former comes first, this answer appearing to be the assumption of the language of the clause. The Second Congress assumed that President Washington took office on March 4, 1789,1 although he did not take the oath until the following April 30.
That the oath the President is required to take might be considered to add anything to the powers of the President, because of his obligation to “preserve, protect and defend the Constitution,” might appear to be rather a fanciful idea. But in President Jackson’s message announcing his veto of the act renewing the Bank of the United States there is language which suggests that the President has the right to refuse to enforce both statutes and judicial decisions based on his own independent decision that they were unwarranted by the Constitution.2 The idea next turned up in a message by President Lincoln justifying his suspension of the writ of habeas corpus without obtaining congressional authorization.3 And counsel to President Johnson during his impeachment trial adverted to the theory, but only in passing.4 Beyond these isolated instances, it does not appear to be seriously contended that the oath adds anything to the President’s powers.”
It adds nothing to the powers. It does serve to cement those powers under the control of the Constitution. NOT taking the oath after actually being President means the person has no higher obligation to support nor defend the Constitution. It means he is a loose cannon with his finger on the nuclear arsenal and signing ability on the treasury and with Hunter Biden on the podium watching dad be sworn in to a position he did not yet hold, a lucrative business opportunity.
In this instance it is worse than that.
Since Donald J. Trump’s term was not yet completed, taking the oath of office is usurpation [4] of the office holder’s authority, sanctioned by the highest court in the land.
Usurpation means wrongful or illegal encroachment, infringement, or seizure. In the case of political power it means illegal seizure and occupation of a throne.[4]
Joseph Biden is not President even though he officially assumed the office at noon on the 20th. Why?
“Fourteenth Amendment Section 3
No Person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.” [5]
Congress has not removed such disability.
His taking the oath before taking the job makes his performance of the job outside of the Constitution. Unless he takes it again don’t expect him to adhere to anything the Constitution requires. He has never claimed to be bound by such trivial things as a Republic.
Taking the oath of office while a sitting President enjoyed that position is rebellion. As former Vice President: he previously took an oath. And none of that has to do with the coup that put him in that office.
Harris is no different.
In an article written to attack Donald J. Trump [6] Donald Nieman, Executive Vice President for Academic Affairs and Provost, Binghamton University, State University of New York wrote in The Conversation [8]:
“Whether he likes it or not, and whether he wins reelection or not, Trump’s current term as president will end Jan. 20. What happens next is yet unknown, but at least that much is certain.”
Assuming that position, even by taking the oath for it BEFORE THEN is “an act or instance of revolting against civil authority or an established government.” The very definition of INSURRECTION.[7]
The press and all of its minion of copy paste basement dwellers is leading every ‘new’ story with ‘Biden was sworn in at noon, ‘ or Biden was sworn in just before noon,’ or claiming swearing in made him President. Taking the oath does not make him President. It makes him OBLIGATED TO THE CONSTITUTION. He cannot be so obligated until he IS President.
Now you know it is a lie.
And keep in mind Biden’s reference to Democracy winning. See https://leehempfling.com/featured/joe-biden-is-not-running-for-president-of-this-republic/
[1] https://www.foxnews.com/us/joe-biden-to-be-sworn-in-as-the-46th-president-of-the-united-states
[2] https://www.google.com/search?newwindow=1&safe=active&sxsrf=ALeKk03uUP1hIu3eh8gdCMkokWRRRNpFSA%3A1611235785669&source=hp&ei=yYEJYI_aJZu3tQbwy7OYDA&q=https%3A%2F%2Fwww.washingtonpost.com%2Fpolitics%2F2021%2F01%2F20%2Fbiden-constitutional-noon-sworn-in%2F&oq=https%3A%2F%2Fwww.washingtonpost.com%2Fpolitics%2F2021%2F01%2F20%2Fbiden-constitutional-noon-sworn-in%2F&gs_lcp=CgZwc3ktYWIQA1CYBViYBWD_CWgAcAB4AIABigGIAYoBkgEDMC4xmAEAoAECoAEBqgEHZ3dzLXdpeg&sclient=psy-ab&ved=0ahUKEwjP4pqFka3uAhWbW80KHfDlDMMQ4dUDCAg&uact=5
[3] https://constitution.congress.gov/browse/essay/artII-S1-C8-1/ALDE_00001126/
[4] https://www.dictionary.com/browse/usurpation
[5] https://constitution.congress.gov/browse/amendment-14/section-3/
[6] https://www.snopes.com/news/2020/10/20/the-presidents-term-ends-at-noon-on-jan-20/
[7] https://www.merriam-webster.com/dictionary/insurrection
[8] https://theconversation.com/