The constitution says the president's term starts at noon on the 20th and his predecessors ends at the same time. Separately it says prior to assumption of the powers of the office, they have to take the oath. There's nothing about when the oath has to be taken. It is specifically worded this way to ensure that there is no "gap" between the out going and incoming president. If starting their term depended on taking the oath, then its possible for there to be a period of time where there is no president, which, from a continuity of operations stand point, is not acceptable.
The president elect becomes president at noon, but cannot legally exercise the power of the presidency until the oath has been sworn.
Biden also broke protocol as well by being sworn in before noon, the hour that is normally used for inauguration
His swearing in would be invalid I believe.
Afraid not.
The constitution says the president's term starts at noon on the 20th and his predecessors ends at the same time. Separately it says prior to assumption of the powers of the office, they have to take the oath. There's nothing about when the oath has to be taken. It is specifically worded this way to ensure that there is no "gap" between the out going and incoming president. If starting their term depended on taking the oath, then its possible for there to be a period of time where there is no president, which, from a continuity of operations stand point, is not acceptable.
The president elect becomes president at noon, but cannot legally exercise the power of the presidency until the oath has been sworn.
See also David Rice Athison.
Thanks for the info patriot