In 1998 the New Yorker proclaimed Bill Clinton “our first black President. Blacker than any actual black person who could ever be elected in our children’s lifetime. After all, Clinton displays almost every trope of blackness: single-parent household, born poor, working-class, saxophone-playing, McDonald’s-and-junk-food-loving boy from Arkansas.”[1] Over the intervening years, though, President Clinton successfully tarnished even that reputation in the eyes of the race conscious. Not one to recognize his own shortcomings, in 2001 Clinton explained his decision to establish a post presidency office in Harlem, NY by saying: “That’s why I went to Harlem, because I think I am the first black president.”[2]

Nuttiness and delusions aside, Clinton failed to meet one critical qualification to be the first black president – he wasn’t black!  Obviously then, Barack Obama is our first black president. Ah…, don’t jump to that conclusion to quickly. Let’s look carefully at what happened last week. Ken Katkin, a constitutional law professor, suggests that a careful analysis shows Obama was not our first black president.[3]

Let’s take a closer look at the cascade of inaugural events. The U.S. Constitution declares that the terms of the President and Vice President shall end at noon on January 20^th. Similarly, the Constitution requires that the newly elected President and Vice President take their oath of office before they can take on the responsibilities of these offices.

With that foundation, President Bush and Vice President Cheney ceased to be elected officials January 20, 2009 at 12:00 noon. However, at that time neither Obama nor Biden had taken their oath of office. Does that mean we did not have a president? Nope! The constitution spells out clearly what happens when we fail to have an elected president (through death or a delayed oath of office.

The Constitution states that when there is neither a President nor Vice President in office, the duties of President shift to the Speaker of the House (Nancy Pelosi) after she resigns her office as Speaker and a Representative in Congress. Well, Ms. Pelosi didn’t resign last week (something we can all regret for years to come). What next?

If the Speaker does not qualify to assume the office of the President, the President Pro Tempore of the Senate (Robert Byrd – former KKK member, recruiter, and leader [4]) may assume the duties of the President after he resigns his office in the Senate and his Senate seat. Senator Byrd did not resign. What next?

The Presidential Succession Act declares that the highest ranking officer of the United States shall act as the President and specifies that the Secretary of State is the highest ranking officer. So, until Joe Biden was sworn in as Vice President shortly after noon on January 20^th, Condoleeza Rice was technically the President of the United States, becoming the first black President and the first female President.

Does it really matter? Not much, but it is kind of fun to think about! Too bad it didn’t last a little (lot) longer!

I guess that means that Barack Obama is our second (or is that our third) black president?

UPDATE: There is apparently some question whether Senator Biden was sworn before or after noon. Either way, it’s helpful to review exactly how presidential succession works.

[1] Frisa, Dan. “Clinton: First Black President. What?” Clinton: First Black President. What? 5 Mar. 2001. NewsMax. 26 Jan. 2009.

[2] Morrison, Toni. “The Talk of the Town: Comment.” The New Yorker. 5 Oct. 1998. Condé Nast. 26 Jan. 2009.

[3] Beaujon, Andrew. “Remember When Biden Was President?” Washington City Paper. 20 Jan. 2009. Creative Loafing Media. 26 Jan. 2009.

[4] Pianin, Eric. “A Senator’s Shame.” Washington Post. 19 June 2005. The Washington Post Company. 26 Jan. 2009.