Biden was sworn in before noon. Not sure it means anything, but it is interesting.
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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.