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What Happens If a President Refuses to Leave

 

 

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All About America

What Happens If a President Refuses to Leave

By Dora Mekouar

January 18, 2021 08:07 AM

Former U.S. President Barack Obama waves as newly sworn-in President Donald Trump walks with wife Melania Trump, on Capitol Hill in Washington, D.C., Jan. 20, 2017.

Former U.S. President Barack Obama waves as newly sworn-in President Donald Trump walks with wife Melania Trump, on Capitol Hill in Washington, D.C., Jan. 20, 2017.

 

Despite virulently opposing the results of the November presidential election won by former Vice President Joe Biden, President Donald Trump is planing to leave the White House the morning of January 20.

 

He will follow in the footsteps of every single one of his predecessors. No president in American history has refused to exit the executive mansion.

 

But what would happen if one did?

 

โ€œThe principal goal in designing our system was that we not have a monarch with indefinite tenure. The president has a four-year term and if he gets re-elected, great, but if he doesn't, then he goes away,โ€ says Brian Kalt, a professor of law at Michigan State Universityโ€™s College of Law.

 

The Constitution, the supreme law of the United States, states that the president, โ€œshall hold his Office during the Term of four Years.โ€

 

โ€œAnd the 20th amendment declares that his term ends at noon on January 20 and the new president takes the oath and becomes president at noon on January 20,โ€ Kalt says. โ€œAt noon, this person is not the president anymore โ€ฆ he's a trespasser at that point.โ€