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	<title>Comments on: Obama Retakes Oath — Just to Be Sure</title>
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		<title>By: PD Shaw</title>
		<link>http://www.outsidethebeltway.com/archives/obama_retakes_oath_just_to_be_sure/comment-page-1/#comment-676453</link>
		<dc:creator>PD Shaw</dc:creator>
		<pubDate>Thu, 22 Jan 2009 16:40:31 +0000</pubDate>
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		<description>We have to distinguish two concepts here.  One is the term and one is the power.

When William Henry Harrison died and John Tyler became President, the question arose as to whether Tyler was entitled to a full four years or if he was merely continuing Harrison&#039;s term.  One argument was that the Constitution gives the President the power of a term of four years and upon becoming President, Tyler&#039;s executive power included a right to four years exercise.  The prevailing argument was that the term is of independent significance.  The four year term (with the slight adjustment of the XXth Amendment) goes forward in time unbroken regardless of who holds the executive power within that term.  Several individuals could exercise exectuve power within that time frame (like Alexander Haig).

The term began at noon on Tuesday.  Who held executive power?  The Constitution says that &quot;before he enter on the Execution of his Office&quot; the President shall take the oath.  Sounds pretty clear to me that the term began at noon, his ability to execute his powers began after he had taken the oath (roughly 12:10 that day).</description>
		<content:encoded><![CDATA[<p>We have to distinguish two concepts here.  One is the term and one is the power.</p>
<p>When William Henry Harrison died and John Tyler became President, the question arose as to whether Tyler was entitled to a full four years or if he was merely continuing Harrison's term.  One argument was that the Constitution gives the President the power of a term of four years and upon becoming President, Tyler's executive power included a right to four years exercise.  The prevailing argument was that the term is of independent significance.  The four year term (with the slight adjustment of the XXth Amendment) goes forward in time unbroken regardless of who holds the executive power within that term.  Several individuals could exercise exectuve power within that time frame (like Alexander Haig).</p>
<p>The term began at noon on Tuesday.  Who held executive power?  The Constitution says that "before he enter on the Execution of his Office" the President shall take the oath.  Sounds pretty clear to me that the term began at noon, his ability to execute his powers began after he had taken the oath (roughly 12:10 that day).</p>
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		<title>By: tom p</title>
		<link>http://www.outsidethebeltway.com/archives/obama_retakes_oath_just_to_be_sure/comment-page-1/#comment-676118</link>
		<dc:creator>tom p</dc:creator>
		<pubDate>Thu, 22 Jan 2009 15:38:03 +0000</pubDate>
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		<description>&lt;blockquote&gt;Under the Constitution, the old president continues to hold full power through 11:59:59, and then power shifts at noon. Article II, Section 1 requires that the new president, before executing any duties, take a prescribed oath or affirmation.&lt;/blockquote&gt;

According to &lt;a href=&quot;http://www.washingtonmonthly.com/archives/individual/2009_01/016551.php&quot; rel=&quot;nofollow&quot;&gt;Steve Benen&lt;/a&gt; at WM:

&lt;blockquote&gt;Post Script: Just for the record, Obama really was president after the first oath, and everything he did yesterday was legit. In 1789, George Washington was president for seven weeks before he&#039;d taken the oath, but he still had all the authority of the office.&lt;/blockquote&gt;
He links to a pdf &lt;a href=&quot;http://www.gpoaccess.gov/constitution/pdf2002/012.pdf&quot; rel=&quot;nofollow&quot;&gt;here&lt;/a&gt;.
The relevant part is on page 458 under the heading, &quot;Oath of Office&quot;.</description>
		<content:encoded><![CDATA[<blockquote><p>Under the Constitution, the old president continues to hold full power through 11:59:59, and then power shifts at noon. Article II, Section 1 requires that the new president, before executing any duties, take a prescribed oath or affirmation.</p></blockquote>
<p>According to <a href="http://www.washingtonmonthly.com/archives/individual/2009_01/016551.php" rel="nofollow">Steve Benen</a> at WM:</p>
<blockquote><p>Post Script: Just for the record, Obama really was president after the first oath, and everything he did yesterday was legit. In 1789, George Washington was president for seven weeks before he'd taken the oath, but he still had all the authority of the office.</p></blockquote>
<p>He links to a pdf <a href="http://www.gpoaccess.gov/constitution/pdf2002/012.pdf" rel="nofollow">here</a>.<br />
The relevant part is on page 458 under the heading, "Oath of Office".</p>
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		<title>By: Michael</title>
		<link>http://www.outsidethebeltway.com/archives/obama_retakes_oath_just_to_be_sure/comment-page-1/#comment-675449</link>
		<dc:creator>Michael</dc:creator>
		<pubDate>Thu, 22 Jan 2009 14:04:45 +0000</pubDate>
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		<description>&lt;blockquote&gt;So why wasn&#039;t Michelle holding Lincoln&#039;s bible this time?&lt;/blockquote&gt;Presumably they had to have it back to the national archives before they were charged an overdue book fee.</description>
		<content:encoded><![CDATA[<blockquote><p>So why wasn't Michelle holding Lincoln's bible this time?</p></blockquote>
<p>Presumably they had to have it back to the national archives before they were charged an overdue book fee.</p>
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		<title>By: mike</title>
		<link>http://www.outsidethebeltway.com/archives/obama_retakes_oath_just_to_be_sure/comment-page-1/#comment-674008</link>
		<dc:creator>mike</dc:creator>
		<pubDate>Thu, 22 Jan 2009 11:03:31 +0000</pubDate>
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		<description>So why wasn&#039;t Michelle holding Lincoln&#039;s bible this time?</description>
		<content:encoded><![CDATA[<p>So why wasn't Michelle holding Lincoln's bible this time?</p>
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		<title>By: Barry does the oath again, after the stumble. &#124; Political Byline</title>
		<link>http://www.outsidethebeltway.com/archives/obama_retakes_oath_just_to_be_sure/comment-page-1/#comment-674006</link>
		<dc:creator>Barry does the oath again, after the stumble. &#124; Political Byline</dc:creator>
		<pubDate>Thu, 22 Jan 2009 10:58:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=30381#comment-674006</guid>
		<description>[...] COBB, The BLT, Media Matters for America, Hot Air, Jack &amp; Jill Politics, TBogg, The Corner, Outside The Beltway, Patterico&#8217;s Pontifications, Agence France Presse and The [...]</description>
		<content:encoded><![CDATA[<p>[...] COBB, The BLT, Media Matters for America, Hot Air, Jack &amp; Jill Politics, TBogg, The Corner, Outside The Beltway, Patterico&#8217;s Pontifications, Agence France Presse and The [...]</p>
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		<title>By: Obama Retakes Oath &#124; Heretical Ideas Blog</title>
		<link>http://www.outsidethebeltway.com/archives/obama_retakes_oath_just_to_be_sure/comment-page-1/#comment-670847</link>
		<dc:creator>Obama Retakes Oath &#124; Heretical Ideas Blog</dc:creator>
		<pubDate>Thu, 22 Jan 2009 05:49:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=30381#comment-670847</guid>
		<description>[...] James Joyner, I&#8217;ve learned that Barack Obama took the Oath of Office for a second time after both he and [...]</description>
		<content:encoded><![CDATA[<p>[...] James Joyner, I&#8217;ve learned that Barack Obama took the Oath of Office for a second time after both he and [...]</p>
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		<title>By: rodney dill</title>
		<link>http://www.outsidethebeltway.com/archives/obama_retakes_oath_just_to_be_sure/comment-page-1/#comment-669955</link>
		<dc:creator>rodney dill</dc:creator>
		<pubDate>Thu, 22 Jan 2009 03:33:22 +0000</pubDate>
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		<description>Better to do it over than to have any chance the oath doesn&#039;t apply.

the &lt;a href=&quot;http://www.law.umkc.edu/faculty/projects/Ftrials/conlaw/inaugurationconstit.html&quot; rel=&quot;nofollow&quot;&gt;one site&lt;/a&gt; I did reference indicated the oath should take place before the new President does anything, and doesn&#039;t represent the transfer of power.

&lt;blockquote&gt;Under the Constitution, the old president continues to hold full power through 11:59:59, and then power shifts at noon.  Article II, Section 1 requires that the new president, before executing any duties, take a prescribed oath or affirmation.&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p>Better to do it over than to have any chance the oath doesn't apply.</p>
<p>the <a href="http://www.law.umkc.edu/faculty/projects/Ftrials/conlaw/inaugurationconstit.html" rel="nofollow">one site</a> I did reference indicated the oath should take place before the new President does anything, and doesn't represent the transfer of power.</p>
<blockquote><p>Under the Constitution, the old president continues to hold full power through 11:59:59, and then power shifts at noon.  Article II, Section 1 requires that the new president, before executing any duties, take a prescribed oath or affirmation.</p></blockquote>
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