Three Months of Never-Never Land
After Biden’s blow-out victory on November 3, we will still have 3 (yes THREE) more months –79 days, specifically – of Trump having ALL the powers of the Presidency.
I am not an historian, but I doubt we have ever before had a less responsible person in such a powerful position. He has already violated the previously respected restraints on Supreme Court appointments. He still could set up a meeting with Kim of North Korea and go over there and try to provoke hostilities, which could be a basis to try to postpone the ‘turn over’ in such a dangerous situation.
On January 3, 2021 the new Congress is likely to be controlled by Democrats in both houses and could vote stringent restraints on Presidential powers until January 20, the current date for the Presidential turnover. That would lead to a (hopefully short-lived) Presidential lawsuit directly to the Supreme Court to strike down such restraints.
Biden’s proposed bi-partisan Commission on Constitutional Issues related to Supreme Court issues could not yet be functioning to weigh in.
Until 1933, the formal Presidential post-election transition date was in March. It was moved then to January 20 (21 if the 20th falls on a Sunday) to shorten the dangerous interregnum. Perhaps it should be moved again to when the new Congress first meets. our system does not lend itself to the immediacy of parliamentary turn overs.
Remember that in 1933, TV barely existed, WIFI had not been conceived of, and air travel around the world was VERY limited.
Things today are virtually immediate the world over.
We should NOT put ourselves at the mercy of a volatile world AND a completely unreliable and embittered President who already has been voted out by the American people.
Not a simple or easy question BUT it is real! NOW.