Biden was sworn in before noon. Not sure it means anything, but it is interesting.
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It says nothing about being one minute after noon. The new term begins at noon on January 20. 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.
So technically Biden was sworn in whilst the US still had another President.
Are people just assuming that this is ok and that the swearing will take effect after noon, or does it taking place before noon actually invalidate it?
Thinking logically, Biden has not sworn in as President during a period where he had the right to do so, therefore he is not President.
There are arguments to the opposite of course, but I'm not a constitutional lawyer.
To take this scenario to the extreme edge, what if Biden had sworn in on the 7th January, would everyone just accept that it would take effect at noon on the 20th or would they say it wasn't valid? Because the principle is the same.
Scroll down and look for my other post about the oath. It's taken before he can execute the office of the President. He automatically becomes the President at 12-noon on January 20th. Read Article II Section I Clause 8. No assumptions needed; it's all right there and no time, before or after, 12-noon is specified. Only the time at which the new term begins.
1775 Constitution 12th Amendment Inauguration will be on the 4th Day of the month of March.
There was no Constitution in 1775. The Declaration of Independence was drafted in 1776, the Articles of Confederation in 1781, Constitutional Convention to replace the Articles of Confederation in 1787, and the Constitution we (supposedly) have now went into effect in 1788. Inaugurations were held on March 4th until the 20th Amendment was ratified in 1933.