Cheney was just filling in for the president under the terms of the 25th amendment. He did not become president. He didn’t take the oath of office for president. That’s the key.
The answer to your second answer really must be “yes”, simply because Cheney would be the president, end of story. Though it would be odd to have the VP sworn in with a president-elect waiting in the wings.
Acting President is not the same thing as President.
If Bush were to die five days before the end of his term, then Cheney would indeed become President. He could certainly instruct the White House staff not to bother with a portrait if he felt it was too ostentatious.
But knowing him, he’d build a monument to himself out of human skulls.
We’ve never had a President die (or resign or get kicked out via impeachment) after the election which would have ended his term, so there’s not precedent for that. But we have had something similar: President William Henry Harrison died after less than a month in office, but he’s still counted by all the history books as one of the Presidents of the United States. If a brief span at the beginning of a term is enough to qualify, I don’t see why a brief span at the end of a term wouldn’t.
It’s a tradition, but it’s not a clear legal requirement that the VP take the oath when assuming the presidency. Tyler didn’t want to take the oath after Harrison died. He considered that the oath he took when he became VP covered the situation. He finally caved to pressure from the cabinet two days after Harrison died and took the oath. But he became president as soon as Harrison died.
The Cheney situation is different, because it’s covered by the 25th Amendment. It’s clear that Cheney was only “Acting President” not President.
Cheney, of course, is Vice-President, so according to tradition a bust will be commissioned of his likeness and it will be displayed for eternity in the Senate wing of the Capitol.
Something like this happened in Florida. Lt. Governor Buddy McKay became governor for less than a month in 1998, because Lawton Chiles died before the end of his term. McKay had lost the election to Jeb Bush, but Bush had to wait until the end of the term.
I agree that this is the common interpretation, but I’m paranoid enough to think that, if he wanted too, Cheney could come up with an interpretation that said he was fully President, much as he recently asserted that the Vice President is not part of the executive branch. “It is clear” is a dangerous phrase to use around him…