Both Trump and Biden are expected to be in the Eastern Time Zone at noon on Inauguration Day, so this question is (presumably) only academic. But I’ll ask anyway, because someday it might not be academic.
The 20th Amendment to the Constitution, specifies that “The terms of the President and Vice President shall end at noon on the 20th day of January, … and the terms of their successors shall then begin.”
Have there been any laws (or whatevers) to clarify which time zone we are talking about? What would happen if the US enacted year-round Daylight Time? Would the President take office at 12:00 Noon EDT, or an hour later at 12:00 Noon EST?
Much less likely scenarios: If Trump would decide to spend Jan 20 in California, could he remain President for an extra three hours? If Biden would choose to spend the day in Guam would he become President 15 hours earlier?
Here’s an even better one: Congress passes a law enacting uniform Daylight Saving Time, which begins at noon on January 20th (rather than at 2am on the second Sunday in March as it currently does). Then “noon on the 20th day of January” no longer exists; the second after 11:59:59 am is 1:00 pm. So the term of the president at the time never ends?
I would assume that it’s the time zone of the US capital, regardless of where the individuals involved happen to be. But I can’t make a textualist argument to that effect.
Oh my gosh. Time zones didn’t exist when the Constitution was written - therefore, every inauguration since time zones were initiated (November 18, 1883) was invalid, since the so-called President was swore in at some weird time, not local noon as The Founders™ intended. No more President Cleveland (or any President after that).
On a more serious note. Even if there is no noon on the 20th, there is a time that all would agree is after noon on the 20th (even if we have to wait until 1PM Hawaii time). At that point, the old President is out, and the new President can be sworn in (the new President’s swearing in can happen any time - that’s ceremonial).
All offices attached to the seat of government shall be exercised in the District of Columbia, and not elsewhere, except as otherwise expressly provided by law.
In all statutes, orders, rules, and regulations relating to the time of performance of any act by any officer or department of the United States, whether in the legislative, executive, or judicial branches of the Government, or relating to the time within which any rights shall accrue or determine, or within which any act shall or shall not be performed by any person subject to the jurisdiction of the United States, it shall be understood and intended that the time shall insofar as practicable (as determined by the Secretary of Transportation) be the United States standard time of the zone within which the act is to be performed.
I wonder, does that mean that NASA needs the Secretary of Transportation to personally establish what counts as the time zone of space, whenever they launch a mission with anything scheduled in it?
It seems to me that the law only applies to the performance of official government actions or actions with legal consequences, which probably don’t happen all that often in space. But presumably the Secretary could issue a single order determining the standard time for all US space missions.
“standard time” is not capitalized. If it had said “Standard Time”, then we could argue about what to do when daylight time is in effect, but “standard time” means “what the Sec’y of Transportation says when he looks at his watch.”
The beginning and end of the president’s term is not dependent on any “act to be performed”, but is automatic when the time comes. A textualist might argue that this difference is significant.
Not quite whatever the Secretary says. The standard time for each zone is defined in 15 USC § 261 as an offset from UTC, and then § 260a modifies § 261 to apply the daylight savings change.
I was thinking more of the “time within which any rights shall accrue or determine” item.
I think that in the 1850s, the Senate established noon was the start time of the new political year, in a resolution, but annoyingly, I can’t find the text for that…
I don’t know. You could be right (although the Senate wouldn’t have the power to unilaterally do it, would it?). 3 USC 101 says that the term of the president begins “on the 20th day of January next succeeding the day on which the votes of the electors have been given” but doesn’t give time.
The answer to the OP is that it has to be the ninth hour after the beginning of the monastic day in the location of the seat of government, regardless of time zone or daylight savings, etc.
Here is some actual evidence for the question. Not proof, but certainly evidence.
When I was growing in PA, they had Sunday blue laws. Bars had to close and restaurants had to stop serving booze on Saturday night at midnight. Except that during DST, they were permitted to stay open till 1 AM on Sundays. Similarly professional baseball was allowed on Sundays only between noon and 6 PM (until the 1930s, it was banned entirely) but since the entire major league season happened during DST, this meant 1 PM to 7 PM.
Incidentally, I once spent an hour searching the web for when this restriction was ended and could not. I found plenty about the PA Blue laws and how the prohibition ended in the 30s, but nothing about when this rule was dropped. As baseball games lengthened and with Sunday doubleheaders the rule, it began to be more and more annoying.