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Oath Flub merits a do-over, scholars say
San Francisco Chronicle ^ | 1/20/2009 | Carolyn Lochhead

Posted on 01/20/2009 10:45:44 PM PST by America2012

Several constitutional lawyers said President Barack Obama should, just to be safe, retake the oath of office that Chief Justice John Roberts flubbed.

The 35-word oath is explicitly prescribed in the Constitution, Article II, Section One, which says the president "shall" take the oath "before he enteron the execution of his office." It was discussed during the Constitutional Convention.

Roberts misplaced the word "faithfully," at which point Obama paused quizzically, and then Roberts corrected himself, but then Obama repeated the words as Roberts initially said them.

The oath reads: "I do solemnly swear that I will faithfully execute the office of president of the United States and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

A do-over "would take him 30 seconds, he can do it in private, it's not a big deal, and he ought to do it just to be safe," said Boston University constitutional scholar and Supreme Court watcher Jack Beermann. "It's an open question whether he's president until he takes the proper oath."

The courts would probably never hear a challenge, and some might argue that Obama automatically took office at noon because that's when President Bush left the office. But because the procedure is so explicitly prescribed in the Constitution, Beermann said if he were Obama's lawyer, he would recommend retaking it, just as two previous presidents, Calvin Coolidge and Chester Arthur, did under similar circumstances.

(Excerpt) Read more at sfgate.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: bhoinauguration; flub; flubbedoath; oamaoathtranscript; oath; oathofoffice; oathtranscript; obama; obamaoath; obamaoathtranscript; obamaswearingin; roberts; robertsflubbedoath; swearingin
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Does this mean Barry is still not the President and Biden is Acting-President?
1 posted on 01/20/2009 10:45:45 PM PST by America2012
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To: All

I Barack........ I Barack Hussein Obama do solemnly swear.


2 posted on 01/20/2009 10:50:17 PM PST by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: America2012

Jeez, I detest Obama’s ideas as much as the next guy, but this is silly. What’s sillier is a bunch of “scholars” actually sat around and debated the topic. Do it again in private, just to be safe? C’mon, gimme a break.


3 posted on 01/20/2009 10:51:07 PM PST by FoxInSocks (B. Hussein Obama: Central Planning Czar)
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To: America2012

He won’t.

And when he gets in trouble, he will blame it on the Bush appointed Roberts.


4 posted on 01/20/2009 10:52:14 PM PST by Jet Jaguar
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To: America2012

Coolidge re-took the oath because he was sworn in in the middle of the night by his father. The issue was, Did his father, as a local magistrate, have the authority to administer the oath? Probably, since the Constitution does not specify that the Chief Justice be involved at all.

Don’t know about Arthur. Wasn’t he sworn in when Garfield died?


5 posted on 01/20/2009 10:52:55 PM PST by Arthur McGowan
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To: America2012

Coolidge re-took the oath because he was sworn in in the middle of the night by his father. The issue was, Did his father, as a local magistrate, have the authority to administer the oath? Probably, since the Constitution does not specify that the Chief Justice be involved at all.

Don’t know about Arthur. Wasn’t he sworn in when Garfield died?


6 posted on 01/20/2009 10:52:55 PM PST by Arthur McGowan
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To: FoxInSocks

Tell him to bring his birth certificate wile he is at it.


7 posted on 01/20/2009 10:52:58 PM PST by paul51 (11 September 2001 - Never forget (July 4, 2009 see you there))
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Comment #8 Removed by Moderator

To: America2012

Ignore that last post, the audio got nasty in the end. didnt know. Ill have mods remove.


9 posted on 01/20/2009 10:54:17 PM PST by Names Ash Housewares (Refusing to kneel before the socialist messiah. 1-20-13 Freedom Day.)
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To: America2012

What’s the point? No one even bothered to check to see if they guy was elegible for the office? Whether he was a citizen? SO WHY WORRY ABOUT FLUBBING THE OATH? Gees.


10 posted on 01/20/2009 10:54:39 PM PST by dalight
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To: America2012

Nonsense. The presidential term ends at 12 noon EST on the day. At high noon Bush ceased to be president and Obama became president. The swearing in is a formality.


11 posted on 01/20/2009 10:54:57 PM PST by RobbyS (ECCE homo)
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To: America2012

They don’t even care if he was born here, why would they care about the oath?


12 posted on 01/20/2009 10:56:27 PM PST by Republic of Texas (Socialism Always Fails)
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To: America2012

Ok here we go.

Reminds me of this.......

http://www.youtube.com/watch?v=ox1A6CUW4W0


13 posted on 01/20/2009 10:56:46 PM PST by Names Ash Housewares (Refusing to kneel before the socialist messiah. 1-20-13 Freedom Day.)
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To: America2012
Bush flubs anything means ----> what a doofus!

B. Hussein flubs anything----->we must do over!

14 posted on 01/20/2009 10:57:09 PM PST by Lizavetta
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To: paul51
Tell him to bring his birth certificate wile he is at it.

Definitely. I'm skeptical as all get out about that.

15 posted on 01/20/2009 10:57:46 PM PST by FoxInSocks (B. Hussein Obama: Central Planning Czar)
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To: America2012

He holds his hand over the Bible and takes a minimal oath.


16 posted on 01/20/2009 11:00:23 PM PST by allmost
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To: paul51

LOL :)


17 posted on 01/20/2009 11:02:13 PM PST by beaversmom
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To: America2012

Hussein should provide a birf certificate while he’s at it. Re-do the oaf and finally provide his birf certificate on and for all.


18 posted on 01/20/2009 11:02:34 PM PST by chrt30
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To: America2012
Does this mean Barry is still not the President and Biden is Acting-President?

He gets a do-over if and when he shows his birth certificate
Justice Roberts stuttered and stumbled because he knows he is swearing in a fraud
19 posted on 01/20/2009 11:03:27 PM PST by dennisw (he put the following words in the mouth of his sock puppet deity:......)
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To: RobbyS

From 12:00 to the time he took the oath, about 5 minutes later, he couldn’t execute the powers of the Presidency. Nancy Pelosi could, however, if I understand the wording correctly.


20 posted on 01/20/2009 11:03:47 PM PST by Tellurian (Sanctity of life and sanctity of property ... define our free country. (Star Parker))
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To: pepperhead

Someone at work, was watching the inauguration so proudly. When they announced, barack HUSSEIN obama, her jaw dropped, she said Hussein, I smugly said yes, that is who you put in office.


21 posted on 01/20/2009 11:04:01 PM PST by television is just wrong
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To: chrt30

Hussein should provide a birf certificate while he’s at it. Re-do the oaf and finally provide his birf certificate once and for all.


22 posted on 01/20/2009 11:04:18 PM PST by chrt30
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To: dennisw
He gets a do-over if and when he shows his birth certificate Justice Roberts stuttered and stumbled because he knows he is swearing in a fraud

Something certainly was on Robert's mind, and I don't doubt he was conflicted by a serious matter.

23 posted on 01/20/2009 11:06:33 PM PST by Tellurian (Sanctity of life and sanctity of property ... define our free country. (Star Parker))
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To: America2012

Roberts: Are you prepared to take the oath, Senator?

Obama: I am.

R: I, Barack Hussein Obama, [overlapping: do sol]emnly swear

O: [overlapping: I, Bara—] (waits for Roberts to finish)

O: I, Barack Hussein Obama, do solemnly swear

R: that I will… execute the office of President to the United States faithfully

(Note: The correct reading would have been “faithfully execute the office of President of the United States”.)

O: that I will execute (nods sharply to Roberts)

R: the off– faithfully the Pres– office of President [overlapping: of the United States]

O: [overlapping: the office of President] of the United States faithfully

R: and will to the best of my ability

O: and will to the best of my ability

R: preserve, protect, and defend the Constitution of the United States

O: preserve, protect, and defend the Constitution of the United States

R: So help you God?

O: (nods) So help me, God.

R: Congratulations, Mr. President.


24 posted on 01/20/2009 11:08:13 PM PST by roses of sharon (Pray Hussein fails!)
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To: Jet Jaguar

Affirmative action babies are never responsible.

Poor Hussein, an epic failure on his first day.


25 posted on 01/20/2009 11:09:20 PM PST by roses of sharon (Pray Hussein fails!)
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To: Tellurian
Something certainly was on Robert's mind, and I don't doubt he was conflicted by a serious matter.

Several things come to mind:

1. This Chief Justice (Roberts) had never sworn in any President before.
2 This was the first Chief Justice to have sworn in a President who (as Senator) had voted against his confirmation.
3. This was the first Chief Justice to have sworn in a President who was the subject of lawsuits concerning his Constitutional eligibility for the office, and this Chief Justice had seen those lawsuits cross his desk.

So, I imagine poor Chief Justice Roberts was a bundle of nerves that morning.

26 posted on 01/20/2009 11:15:57 PM PST by thecodont
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To: America2012

No! Did you see the news today? They said at 12 noon Barry became President anyway even if he had not taken the oath of office yet. Besides he is a Kenyan citizen!


27 posted on 01/20/2009 11:20:25 PM PST by tallyhoe
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To: dalight

Exactly. The oath is right in the same section as the natural born citizen part...if we ignore latter, why not the former?

And it’s understandable that Justice Roberts would state it that way—the adverb should follow.


28 posted on 01/20/2009 11:22:08 PM PST by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: RobbyS

Nope. The Constitution explicitly states:

“Before he enter on the execution of his office, he shall take the following oath or affirmation:—”I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.” “

Note: BEFORE HE ENTER ON THE EXECUTION OF HIS OFFICE.


29 posted on 01/20/2009 11:22:57 PM PST by Chet 99
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To: tallyhoe
Did you see the news today? They said at 12 noon Barry became President anyway even if he had not taken the oath of office yet.

Yes, but he can't execute the office until taking the oath.

Article II, Section 1:
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: — "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

30 posted on 01/20/2009 11:24:03 PM PST by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: America2012

Obama F’d up before the “faithfully” part.


31 posted on 01/20/2009 11:29:19 PM PST by TheThinker (Shame and guilt mongering is the Left's favorite tool of control.)
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To: Tellurian
He gets a do-over if and when he shows his birth certificate Justice Roberts stuttered and stumbled because he knows he is swearing in a fraud

Something certainly was on Robert's mind, and I don't doubt he was conflicted by a serious matter.

Justice Roberts came face to face with the faker he rubber stamped and the full magnitude of his mistake hit him

32 posted on 01/20/2009 11:29:33 PM PST by dennisw (he put the following words in the mouth of his sock puppet deity:......)
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To: Gondring
Yes, but he can't execute the office until taking the oath.

But there was a Koran inside those Bible covers so it's invalid anyway <grin>

33 posted on 01/20/2009 11:31:18 PM PST by dennisw (he put the following words in the mouth of his sock puppet deity:......)
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To: Names Ash Housewares
Similar to how Aretha Franklin's hat reminds me of this...


34 posted on 01/20/2009 11:32:07 PM PST by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: Gondring

Course, everyone will just say it is a technicality. If so, why is it in the Constitution? Chief Justice, You Magnificent....!


35 posted on 01/20/2009 11:35:21 PM PST by PghBaldy (Obama showing off his crotch: http://www.liveleak.com/view?i=550_1210277599)
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To: dennisw
He gets a do-over if and when he shows his birth certificate

Justice Roberts stuttered and stumbled because he knows he is swearing in a fraud

Interesting take. The equivalent of a Freudian slip...?

36 posted on 01/20/2009 11:40:00 PM PST by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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To: dalight

Agree.


37 posted on 01/20/2009 11:42:50 PM PST by mcshot (Zero man! Fill out your own employment application for US.)
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To: Jet Jaguar

I’m not exactly a big fan of Obama to say the least, but to be fair, Roberts started the fiasco. It’s basically the ONE THING he has to do in a large public/televised audience, only a few times during his career. He really should have practiced, for goodness sakes. Some people think that he screwed up deliberately. If he did, it was small and petty.


38 posted on 01/20/2009 11:43:53 PM PST by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: America2012

While we’re at it. Let’s do over the primaries/caucus/election stuff as well. And locate Obama’s real birth certificate, just to be safe.


39 posted on 01/20/2009 11:44:58 PM PST by dr_who
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To: tallyhoe

yep, he’s a Kenyan Repeater


40 posted on 01/20/2009 11:47:53 PM PST by MissDairyGoodnessVT (Scooters work good in Vermont snow & so do skis)
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To: The Antiyuppie

Obama is small and petty. Roberts actually cares about the constitution.


41 posted on 01/20/2009 11:51:55 PM PST by ari-freedom (Hail to the Dork!)
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To: FoxInSocks
Jeez, I detest Obama’s ideas as much as the next guy, but this is silly. What’s sillier is a bunch of “scholars” actually sat around and debated the topic. Do it again in private, just to be safe? C’mon, gimme a break.

When I was commissioned in the USAF, I took the same the VP took today, the same one Senators and Representatives take. We, all the Cadets and Mishipman at our University, including those not in ROTC but rather in the Navy's enlisted to officer program, did it en mass, orally. We had a joint services ceremony. I think we did all the services at the same time. but to be honest I don't recall for certain. But prior to that formal ceremony, each of signed the same oath, and it's on file in our personnel records, somewhere. Should a President, VP, or CongressCritter be required to do less.

As I understand it, the CongressCritters are supposed to sign their oaths, but that many never bother. However I don't recall where I got that notion.

42 posted on 01/21/2009 12:01:31 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: dennisw
Justice Roberts stuttered and stumbled because he knows he is swearing in a fraud

I just re-listened to that part. It sounds as if Roberts is deliberately pausing before saying that part of the oath: "that I will [PAUSE one onethousand two onethousand] execute the office to President of the United States faithfully."

43 posted on 01/21/2009 12:01:44 AM PST by thecodont
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To: FoxInSocks
Jeez, I detest Obama’s ideas as much as the next guy, but this is silly. What’s sillier is a bunch of “scholars” actually sat around and debated the topic. Do it again in private, just to be safe? C’mon, gimme a break.

I believe Obama won't do any do-over anyhow - "it's just words".

44 posted on 01/21/2009 12:04:42 AM PST by Red Steel
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To: RobbyS
The swearing in is a formality.

Swearing the oath is a *requirment* of the Constitution. In fact it's actually "phrased as a command. "Before he enter on the Execution of his Office, he shall take the following Oath" The oath itself is the only thing in the Constitution that is in quotes. It's supposed to be sworn that way, and no other way.

Only if it was accomplished in writing before the formal ceremony, is that taking of the oath (Not swearing in) a "formality".

That's the way the military does it for officers swearing their oaths (same one that that VP Biden swore just before noon).

45 posted on 01/21/2009 12:09:28 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: FoxInSocks

The scholars should debate Hussein’s alleged American citizenship.


46 posted on 01/21/2009 12:29:42 AM PST by Cobra64
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To: America2012

It’s sounds like a sign that points to the fact that he most likely isn’t our legal, Constitutional President considering that he may not even be an US citizen.


47 posted on 01/21/2009 1:54:32 AM PST by Bellflower (A Brand New Day Is Coming!)
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To: Chet 99
Note: BEFORE HE ENTER ON THE EXECUTION OF HIS OFFICE.

Cool, so he's really not the President!

48 posted on 01/21/2009 2:02:49 AM PST by Bellflower (A Brand New Day Is Coming!)
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To: America2012

Why is the Constitution to be followed to the letter all of a sudden? It seems to me the libs are always pretty quick to allow it to mean whatever they want it to mean.


49 posted on 01/21/2009 2:33:09 AM PST by 101voodoo
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To: America2012

Why not, if it makes our esteemed scholars feel better?

It’s cute when they pretend that oaths or the Constitution actually mean something. At this point, it’s all pageantry.


50 posted on 01/21/2009 2:48:51 AM PST by Nickname
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