The presidential oath of office should be re-administered to Barack Obama because of his flub during Tuesday’s swearing-in ceremony, legal experts say.
Because of a mistake by Chief Justice John Roberts, Obama transposed one of the words in the oath. He should have said he will “faithfully execute the Office of President of the United States,” but instead repeated Roberts’ cue and said he will “execute the Office of President of the United States faithfully.”
Josh White of the Washington Post noted: “The presidential oath of office is required of a new president before he can execute his power, and the Constitution is clear that its 35 words must be spoken exactly.”
Jonathan Turley, a professor of constitutional law at George Washington University, told the Post: “He should probably go ahead and take the oath again. If he doesn’t, there are going to be people who for the next four years are going to argue that he didn’t meet the constitutional standard.”
And Charles Cooper, head of the Justice Department’s Office of Legal Counsel under President Ronald Reagan, said an incorrect recitation of the oath should be fixed and added that he would be surprised if the oath had not already been re-administered.
According to the Post, two previous presidents — Calvin Coolidge and Chester A. Arthur — repeated the oath in private because of similar issues.
Boston University’s Jack Beermann told Carolyn Lochhead at the San Francisco Chronicle that although it is unlikely to be challenged in court, just to play it safe, President Obama should do it again.
“It 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,” Berman said. “It’s an open question whether he’s president until he takes the proper oath.”
__________________
If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land.
2 Chronicles 7:14 KJV
He hath shewed thee, O man, what is good; and what doth the LORD require of thee, but to do justly, and to love mercy, and to walk humbly with thy God? Micah 6:8 KJV
Beloved, now are we the sons of God, and it doth not yet appear what we shall be: but we know that, when he shall appear, we shall be like him; for we shall see him as he is. 1 John 3:2 KJV
No. Technically his term began at 12 pm on Tuesday, before he even took the oath.
__________________
"God, send me anywhere, only go with me. Lay any burden on me, only sustain me. And sever any tie in my heart except the tie that binds my heart to Yours."
--David Livingstone
"To see no being, not God’s or any, but you also go thither,
To see no possession but you may possess it—enjoying all without labor or purchase—
abstracting the feast, yet not abstracting one particle of it;…."
--Walt Whitman, Leaves of Grass, Song of the Open Road
From what I understand, according to the Constitution the president-elect becomes the president at 12:00 Noon on January 20th oath or no oath. He actually became president before the oath was even given.
From what I understand, according to the Constitution the president-elect becomes the president at 12:00 Noon on January 20th oath or no oath. He actually became president before the oath was even given.
Exactly, but sounds like without the oath his executive power is in question.
Exactly, but sounds like without the oath his executive power is in question.
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.
Charles Cooper, head of the Justice Department's Office of Legal Counsel under President Ronald Reagan, said that the oath is mandatory, that an incorrect recitation should be fixed and that he would be surprised if the oath hadn't already been re-administered.
From what I understand, according to the Constitution the president-elect becomes the president at 12:00 Noon on January 20th oath or no oath. He actually became president before the oath was even given.
Quote:
Originally Posted by MissBrattified
No. Technically his term began at 12 pm on Tuesday, before he even took the oath.
Quote:
Originally Posted by rgcraig
Exactly and he said all the words anyway.
This was the way it was explained on one of the news programs yesterday morning, while they were still in the prayer service. If for some reason time got away from them, and the oath wasn't taken until after 12 pm, it was of no real concern because he becomes president at noon on the 20th.
So there is no need, however, to appease the gainsayers, he might as well do a private retake.
This was the way it was explained on one of the news programs yesterday morning, while they were still in the prayer service. If for some reason time got away from them, and the oath wasn't taken until after 12 pm, it was of no real concern because he becomes president at noon on the 20th.
So there is no need, however, to appease the gainsayers, he might as well do a private retake.
Quote:
Article II, Section 1 of the Constitution says, "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."
Hybrid Mode
