The Constitution and also theInauguration the the President
The inaugeration ofPresident Herbert Hoover in 1929

In order come ensure a smooth transition of power, over there is a need for aperiod of time in between the election and also and the swearing in the the newperiod. Brand-new presidents have actually to choose cabinet members and also otherkey management members, and also get up to rate on securityissues and also simply began the job of physically moving a brand-new team toWashington. For the old president, this time in office isreferred to together "the lame duck" period, a hatchet taken from wall Streetthat supplied to to express to world who could not pay turn off theirloans--persons, favor the lame duck president, without much capital. Prior to the enactement of the 20th modification in 1933, the brand-new presidentwas no sworn till the March following the election. This longdelay brought about problems. In the "secession winter" after theelection of Abraham Lincoln, president James Buchanan watched assecessionists seized commonwealth forts and also arsenals. By in march 1861,when Lincoln finally took office, the Civil battle was almost lost beforeit also began. Seven decades later, in themiddle the the an excellent Depression, the lame duck period of presidentHerbert Hoover seemed much too long. Hoover and Franklin Rooseveltbarely communicated and the nation waited for decisive activity from itsnewly liked leader. In response, the 20th Amendment to be proposedand adopted. The 20th Amendment moves the day of inauguration from March come "noonon the 20th job of January." Under the Constitution, the oldpresident continues to hold full power through 11:59:59, and also then powershifts at noon. Short article II, ar 1 calls for that the newpresident, before executing any type of duties, take it a prescribed oath oraffirmation. To avoid a constitutional strength vacuum, theInauguration Day program is details to schedule the swearing in because that asclose as feasible to noon. The chief Justice the the unified Statestypically administers the oath, return the constitution does notrequire that the oath be performed through the chef Justice. The oath specified in short article II does not encompass four native recited inall current inaugurations: "So assist me God." The very first known useof the phrase "So assist me God" in a presidential inauguration to be byChester Arthur, on September 22, 1881, complying with the death in office ofPresident James Garfield. In 2008, atheist activist MichaelNewdow unsuccessfully sue in federal court come block the usage of thephrase "Sohelp me God" in Barack Obama"s inauguration. On three occasions, presidents (Arthur, Coolidge, and Obama) havere-taken oaths after concerns were raised around firstattempts. The most recent do-over arisen in 2009 ~ ChiefJustice Roberts gained the oath"s words the end of bespeak in the publicinaugurationceremony.


passed by congress March 2, 1932. Ratified January 23, 1933.

Note: short article I, ar 4, that theConstitution wasmodifiedby ar 2 the this amendment. In addition, a section of the 12thamendmentwas superseded by section 3.

Section 1.

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The regards to the President and also the Vice president shall end at noonon the 20th work of January, and also the regards to Senators andRepresentativesat noon top top the 3d work of January, the the years in which such termswouldhave ended if this post had no been ratified; and the state oftheirsuccessors shall climate begin.

Section 2. The congress shall rally at the very least once in every year, and suchmeetingshall begin at noon on the 3d day of January, unless they chandelier by lawappoint a different day....

George Washington acquisition theoath of office top top April 30, 1789

Article. II.

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Section. 1.

Before he enter on the Execution that his Office, he shalltakethe adhering to Oath or Affirmation:--"I carry out solemnly swear (or affirm)thatI will faithfully execute the Office of president of the united States,and will certainly to the finest of my Ability, preserve, protect and defend theConstitutionof the unified States."