I, Chihuahua!
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 ...
Obama is small and petty. Roberts actually cares about the constitution.
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.
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."
I believe Obama won't do any do-over anyhow - "it's just words".
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).
The scholars should debate Hussein’s alleged American citizenship.
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.
Cool, so he's really not the President!
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.
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.
There are actually people in this country so out of touch they never heard his middle name?
Just one more reason for SCOTUS to review the cases pending regarding his ineligibility factors, IMHO. I wonder if Justice Roberts had an attack of consciousness at the last minute, or if it was nerves on Obama’s part? I thought that Obama flubbed it by not letting Roberts finish the first part of the recitation before he began repeating...
OMG, that’s so sad. The look on her face was probably priceless I’d bet...
I, Chihuahua!
No, he's President, he just can't execute the office. It's like he's in surgery. If they fly him somewhere, it's on Air Force One. His wife is still the First Lady. Marines salute him. But when he tries to sign an Executive Order, it's an utterly invalid piece of paper.
It’s a bit better to have what’s left of the pretense, don’t you think? Perhaps some kids will still grow up to profess fidelity to the Constitution.
I imagine that making a big to-do about the wording is intended to head off future, more serious claims against the legitimacy of Obama’s presidency.
They can make arguments like “You Republicans just can’t admit that he’s the president... you question the wording of his oath, you demand his birth certificate, blah blah blah. The oath is still valid even as he said it; what’s your problem? Stop picking on Obama!”
See how they can sneak this strawman in to distract attention from heavier stuff?
The entire Constitution is now considered a mere "formality," ie not necessary, optional, by virtually our entire political and legal class.
Sorry to see you infected by that dangerous way of thinking.
Not that they care about that, of course. Obama has already breached his sworn oath before God in a multitude of ways in less than twenty-four hours.
Does this mean Barry is still not the President and Biden is Acting-President?No.
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