Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-71 next last
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
[ Post Reply | Private Reply | View Replies]

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!)
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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))
[ Post Reply | Private Reply | To 3 | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 7 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

To: paul51

LOL :)


17 posted on 01/20/2009 11:02:13 PM PST by beaversmom
[ Post Reply | Private Reply | To 7 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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:......)
[ Post Reply | Private Reply | To 1 | View Replies]

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))
[ Post Reply | Private Reply | To 11 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-71 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson