The Statutory Transition of Presidents
The beginning and end of every Administration is etched in the Constitution
It is fortunate that nobody has a say in the last day of a President’s term of office. The Constitution specifies the moment of termination as noon, January 20th in the calendar year following his (her) 1st or 2nd election. The text also provide for the succession plan should a duly elected president-elect cannot be sworn in to office at that time.
An incumbent president cannot over rule the specification and refuse to depart. At the stroke of noon, his authority magically disappears and reappears with his successor. No amount of whining and foot stomping can alter the transition. No Executive Orders can delay the transition. No amount of Tweeting and calling-a-friend will keep the lame duck POTUS in office.
The person who is sworn in as the new President makes the trek from the Capitol to the White House and expects to find the residence and offices devoid of prior personnel. The Secret Service would have the duty to secure the premises for the new President to enter and be safe from all threats foreign and domestic. Anyone attempting to remain would be a trespasser and subject to arrest and removal. In the instance of a reluctant former President refusing to depart, he would have lost the authority to…
