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The Volokh Conspiracy relays the legal analysis of one Professor Ken Katkin, who wonders in print who was president betwen the time President Bush’s term expired at noon on Tuesday, and President Obama took the oath of office late at 12:04. Its a thought experiment more than anything, but its a fun one.

(1) The 20th Amendment provides that “[t]he terms of the President and Vice President shall end at noon on the 20th day of January….”

(2) Art II., Sec. 1 Cl. 8 provides that “[b]efore he enter on the Execution of his Office, [The President] shall take the following oath….”

(3) President Obama did not take the Oath of Office until about 12:03 pm today, after Vice President Biden took it at about 12:01 p.