Legal Minutia

There's quite a flurry of discussion about the terms of presidential succession in today's inauguration. I picked this one up from Volokh Conspiracy. Here's the gist of the argument:

President Barrack Obama is NOT the first African American President of the United States. Someone else, technically, was between the time of 12noon and 12:01pm on 20 January 2009. According to the 20th Amendment (1933) of the US Constitution detailing the presidential line of succession, it states:

Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January ...

In Art II, Sec 1 of the US Constitution, it reads:

"Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation ..."

Neither Vice President Biden or President Obama took the oath of office in the time stated. Yo-Yo Ma and Perlman were still playing at 12noon. Biden took his oath at 12:01pm, and President Obama at 12:03pm. And just for emphasis, neither George W. Bush or Dick Cheney were qualified since they had already vacated their positions. Therefore, between 12noon to 12:01pm, someone else was President of the United States.

So who was it? According to the Presidential Succession Act (1947), the line of succession is as follows ... 1) President, 2) Vice President, 3) Speaker of the House of Representatives, and 4) Senate Pro Tempore (the senior ranking Senator). What is required according to the Act is that either the Speaker or the Senate Pro Tempore must tender their resignation in order to qualify as President of the United States.

However, neither Speaker Nancy Pelosi or Senate Pro Tempore Robert Byrd gave their resignation in the allotted time. Therefore, the succession must continue and according to the Act, the next position in line for President of the United States is ... (drum roll) ... Secretary of State! Yes, for the time between 12noon to 12:01pm on 20 January 2009, Secretary of State Condoleezza Rice was President of the United States making her the first African American and woman to hold the executive position, that is, technically she is. Although it is equally valid that because she did not take the oath, she too does not qualify for President either.

But who really cares, right? :D