Should Obamo Redo the Oath?

[Sam]

Experts: Obama Should Swear Oath Again

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.”

© 2009 Newsmax. All rights reserved.

[Cindy]

Good grief, leave the man alone.

[MissBrattified]

No. Technically his term began at 12 pm on Tuesday, before he even took the oath.

[rgcraig]

Originally Posted by MissBrattified

No. Technically his term began at 12 pm on Tuesday, before he even took the oath.

Exactly and he said all the words anyway.

[MissBrattified]

Someone put this entry into Wikipedia:

"In 2009 Chief Justice John G. Roberts, while administering the oath to Barrack Obama, incorrectly recited the second line, stating, "That I will . . . execute the Office of President to the United States faithfully". As Obama began to recite this line, he paused, whereby Roberts attempted to correct his mistake, but still inverted the oath's word order, reciting the word "faithfully" out of its correct place. Obama then repeated Roberts' line word for word, including the misplaced "faithfully."[5] Several constitutional lawyers have said that Obama should retake the oath as soon as possible, as Calvin Coolidge and Chester A. Arthur did under similar circumstances.[6]"

Technically, it WAS Roberts' mistake, Obama simply repeated it. I fail to see the need for a redo since he still got all the words in there.

[Pressing-On]

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.

[rgcraig]

Originally Posted by Pressing-On

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.

[Pressing-On]

Originally Posted by rgcraig

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.

http://www.sfgate.com/cgi-bin/articl...MNAF15E20I.DTL

[MissBrattified]

Well, if there's a threat to his executive power, then he should redo it just to protect his office.

[Pressing-On]

Originally Posted by MissBrattified

Well, if there's a threat to his executive power, then he should redo it just to protect his office.

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

Where is everyone reading that it is a threat to his executive power?

Okay, I see:

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."