Guest Post from Professor Kurt Lash: (Former) President J.D. Vance

I am happy to pass along this fascinating guest post from Professor Kurt Lash:

Vice Presidents are generally considered a kind of president in waiting. In fact, a great many vice presidents have ascended to the presidency, including John Adams, Thomas Jefferson, Calvin Coolidge, Lyndon Johnson, Joe Biden

. . . and J.D. Vance.

You may have missed it, but, in fact, J.D. Vance was, by law, our 47th President.

If only briefly. If you watched the Inauguration Ceremonies, you might have noticed an odd moment of rush and confusion between J.D. Vance saying his oath of office and Donald Trump then saying his presidential oath. During those brief moments, J.D. Vance was commander in chief of the armed forces and chief executive of the United States.

Let me explain. J.D. Vance took his oath of office just as the clock was striking 12:00pm. (you can see this on the C-Span feed)According to the Twentieth Amendment, “The terms of the President and Vice President shall end at noon on the 20th day of January.” This occurred because the ceremony had gone overtime, likely due to a certain politicians deciding to give an elongated comments (for what reason, heaven only knows).

So, instead of Vance taking his oath before 12:00 and Trump taking his oath at twelve, Vance officially became Vice President at the stroke of 12:00pm– the precise moment former President Joe Biden’s term expired. There being no other person qualified to be president at that moment, J.D. Vance automatically became the President.

Again, according to the twentieth amendment:

“If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President-elect shall have failed to qualify, then the Vice President-elect shall act as President until a President shall have qualified.”

Although Donald Trump had been elected by a majority of the people, prior to his taking the oath of office, he was not qualified to be president. According to the Constitution: “Before he enter on the execution of his office, [the person chosen or elected president] shall take the following oath or affirmation—”I do solemnly swear . . .”

As of 12:01, Vance’s family was still receiving congratulatory applause and handshakes, while slowly moving away from the podium. The master of ceremonies announced that Chief Justice Roberts who would administer the Presidential oath, and Roberts approached the podium. President-elect Trump also approached and did his family, including Melania Trump who carried the two bibles upon which Trump would place his hand which taking the oath.

Trump was about to qualify as President, but he had not yet taken his oath. Vice President Vance had taken the oath and was qualified to be Vice President and, in the absence of a qualified president, Vance became, however briefly, the most powerful person in the world.

Watch the video of the inauguration oaths again. Vance finishes his oath with his family around him and Vance’s hand on a bible. Once the V.P. oath was completed, president-elect Trump advanced to the podium, as did his family and soon-to-be-first lady Melania Trump who held the bibles upon which Trump would place his hand.

Yet, for some reason, Chief Justice John Roberts did not wait for the family to gather or bibles to be put in place. Instead, the Chief Justice immediately began to administer the oath to Donald Trump, bibles be damned. Not under his watch would erstwhile President Vance be allowed to suddenly end the ceremony and declare martial law until the end of the Ohio State-Notre Dame football game.

Chief Justice Roberts knew the constitutional rules and knew the importance of the constitutional clock. So long as the Chief Justice had any say, the term of new 47th President would be brief. Donald Trump good naturedly allowed the Justice to rush the affair, and took the required oath of office. At that point, at the strike of 12:02pm, the presidency moved from Vice President to (now) qualified President Trump.

Don’t let anyone tell you otherwise. Despite President Trump’s claim to contrary, we have already had our 47th President.

If only for a moment.

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