2009.01.21
Flubbing the oath of office
AP Photo/Jeff Christensen
What did people think of the flubbed oath of office? The Votemaster over at electoral-vote.com has a particularly scathing analysis that counts four mistakes in the oath and questions how Chief Justice John Roberts could botch it so badly.
I hope Obama went backstage, grabbed the Lincoln Bible, and did it properly. Otherwise we're bound to have some the same sort of yahoos who filed court cases alleging he wasn't born in America filing suits that he never took the oath of office.
Hoboken University Law School Dean Noah Swayne explained that since Obama never uttered the oath called for by the Constitution, he is not president.
“The closest analogy I can make, of course, is the old Bewitched television series,” Dean Swayne explained. “If the words of an incantation weren’t uttered just right, the spell didn’t take. It’s the same thing here.”
Although the Bewitched precedent is often cited in American jurisprudence, such cases likely would not fare well.
Some even argue that Biden was or is president, or that Condaleeza Rice was the first black and female president for a couple of minutes because the oath was late.
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There are nerds out there who know the President's 35-word Oath of Office by heart; some of them provided TV commentary after the swearing in. Chief Justice Roberts (who hadn't before sworn in a President) clearly does not know the Oath by heart. Watching with the rapt attention required, I could hear Chief Justice Roberts seem to stumble, then start again. Mr. Obama, smiling, tried to go with the flow. Dealing with a mistake (regardless of what caused it) with grace - if only our former president had learned that skill.
Comment by TECarter — January 21, 2009 @ 1:30 pm
No big deal. This is an official function, not some sterile, scripted entertainment show. If they didn't get it right, hopefully they did it at some point just to check the box (as apparently the specific language is prescribed in the Constitution).
Other than that, we're all human. Drive on.
Comment by Ed S. — January 21, 2009 @ 2:17 pm
That's right, Ed. Article II, Section 1 of the Constitution lays out the oath...
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."
Comment by c. trejbal — January 21, 2009 @ 2:26 pm
Correction: The lawsuits were not claiming Obama wasn't born in America although that is what some of them believe. They were claiming he did not prove he was born in America. Unfortunately for Obama, the case was never heard so it never goes away. It becomes like Bush's National Guard records, Clinton's medical records and Kerry's military records except that Bush eventually released his records.
If Obama were smart, he would have taken that COLB from DailyKos and run it into court to get it certified by the courts. That would have killed all of the lawsuits. Either that or he should ask for a kickback from all these lawyers and grifters asking for donations so they can produce their "hard evidence" that Obama was born in Kenya.
Comment by Henry — January 21, 2009 @ 2:27 pm
The fact of the matter is that a President-Elect becomes president on at noon on January 20 every four years with or without the oath of office. See below:
"AMENDMENT XX
Passed by Congress March 2, 1932. Ratified January 23, 1933.
Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by section 3.
Section 1.
The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin."
The flubbing of the oath, while a bit embarrassing, does nothing to advance or detract from the fact that every four years, the power transfers to the then current President-Elect.
Comment by Will — January 21, 2009 @ 2:28 pm
A couple of IVY LEAGUE law students--should we expect otherwise??
Comment by BUD — January 21, 2009 @ 4:39 pm
Will,
That raises a very interesting question, and I thank you and Christian for posting the relevant pieces.
I had heard on the news that, regardless of the oath, Obama's term begins (as Christian noted). However, the section that you cite leaves that up in the air to me.
"and the terms of their *successors* shall then begin"
So, is successor Obama if he has not yet taken the oath? "Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:"
So if the President-Elect does not take the oath, does it fall to the next in line? Assuming Biden had already taken his oath (correctly), I would assume it would fall to him - because Cheney's ended at noon, and Obama's oath started just after noon (meaning that the VP would be the immediate successor, which would have been Biden at noon).
It's all philosophical and means nothing, of course. As reasonable people, we witnessed him taking the oath (okay, attempting). We knew he was there to do it. It's academic at that point. A little different than if he were back in Chicago blowing it off by smoking a fat cigar with Blagojevich.
But it's fun to find the specific answer to these interesting questions.
Comment by Ed S. — January 21, 2009 @ 4:47 pm
"will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
He got the part that matters exactly right.
Comment by Ed H — January 21, 2009 @ 6:52 pm
A bit of satire suggests that Obama and Roberts conspired to flub the oath since Obama, not being a US citizen, could not take the "real oath". Ah, if only such imaginations could be put to constructive use.
Comment by Joe (ntp) Merola — January 21, 2009 @ 8:30 pm
I forgot the reference in my previous post:
http://whiskeyfire.typepad.com/whiskey_fire/2009/01/the-conspiracy-unmaskd.html
Comment by Joe (ntp) Merola — January 21, 2009 @ 8:31 pm
You are aware, are you not, that the "same sort" to which you link, and thus the Bewitched analogy you highlight in the pull-quote, is a joke? From a SATIRICAL web site. That reports FAKE news. And that is quite obviously mocking the "yahoos" you deride?
Comment by Judge Rufus Peckham — January 21, 2009 @ 8:53 pm
I did not, Rufus. Sorry about that. My bad. Then again, it's sad that such satire is indistinguishable from what some people actually believe.
Consider my face covered with egg.
Comment by c. trejbal — January 21, 2009 @ 9:01 pm
Damn yahoos! http://carbolicsmoke.com/2009/01/21/obamas-oath-invalid-due-to-chief-justices-flub/ --
"Dean Swayne said that the only other time there was a similar glitch was after President Kennedy was assassinated in Dallas in 1963. 'On the plane heading back to Washington, President Johnson took the oath by placing his hand on a New Yorker magazine. Technically, according to the Constitution, Johnson became president of New York.'”
Comment by Judge Rufus Peckham — January 21, 2009 @ 9:07 pm
That may have been a joke site, but Chris Wallace put forward the idea that Obama was not president because of the flubbed oath. It has recently been reported that he did re-take the oath today just to keep this from becoming fodder for ridiculous accusations and court cases:
http://edition.cnn.com/2009/POLITICS/01/21/obama.oath/?iref=hpmostpop
Actually, I think this is quite funny.
Comment by Joe (ntp) Merola — January 21, 2009 @ 9:17 pm
I had some fun with it with you guys, but geez...I didn't realize it was such a big discussion topic until I read the link from Joe(ntp)s post. [sigh] I would say "slow news day", but it wasn't, really.
And people complaining that Robert's ruined the day and should live in shame? Get over yourselves. I was actually hoping Obama would give him a little fist-bump at the end.
"So help you God?" "So help me God. Shake-n-bake, baby!"
'Cause...it's like that.
Comment by Ed S. — January 21, 2009 @ 10:14 pm
I'm trying to imagine what this would be like if this happened to Bush. I imagine we would be reading editorials about Bush being so stupid that he can't even follow a simple swearing-in. Letterman would lead with it and SNL would be running skits of Bush stumbling over cue cards. It would mark his presidency much like Quayle and potatoe.
But since it is The Dear Leader, such behavior will not be tolerated.
Comment by Henry — January 22, 2009 @ 7:03 am
Good grief!
I can't forget a day that I and everyone around me didn't stumble over a word or two...imagine standing
on a stage in front of 1.5 million people in 11 degree wind chill...on your first day as President. I'd much
rather have a 'real person' in office than some robot. Need anyone say more?!
Get a life.
Comment by Love NRV — January 22, 2009 @ 8:04 am
Well, Henry, people just don't care as much when a Chief Justice makes a flub as when a president does, so sure if Bush had messed up the oath, it might have been more newsworthy.
And that's the first time I've heard Roberts referred to as "Dear Leader."
Comment by Dan Radmacher — January 22, 2009 @ 8:07 am
Dan
Were you aware that the flashcard used by Quayle spelled the word as "potatoe"? Facts aren't important. This incident would have been Bush's fault. But since this is The Dear Leader, you will make sure that everyone knows that Roberts was to blame. That's why you guys are making such a big deal out of nothing.
I mean, really, this is news?
Comment by Henry — January 22, 2009 @ 8:18 am
I know I shouldn't but I find Biden to be a smart aleck. A funny smart aleck.
*When asked by Mr. Obama to administer the oath of office to White House senior staff, Mr. Biden, who is known for saying things he shouldn't, asked, "Am I doing this again?" *
http://www.washingtontimes.com/news/2009/jan/22/biden-takes-dig-at-roberts-over-oath-misstep/print/
Comment by Henry — January 22, 2009 @ 8:28 am
I think we now know why Biden is the VP and not Secretary of State. Can you imagine if he made some off-the-cuff remark on Islam to oh say, Ahmadenijad or the King of Saudi Arabia? He's much safer sitting in on Senate proceedings.
Comment by Other John — January 22, 2009 @ 9:04 am
Can you imagine him and Franken together? They could take that on the road.
Biden was a Senator when Obama was still in high school. Biden is a good resource for the young president.
Comment by Henry — January 22, 2009 @ 9:53 am
What we really need now is for a "professional" wrestler (the made for TV kind) to get elected to Congress. I'd love to see them walk up to an opposing Senator or Congressman to get their support for a bill, and threaten them with a piledriver or Stone Cold Stunner if they don't vote with them. That would liven things up too, and make for some interesting C-Span viewing. They could easily add a small ring right in front of the speakers podium for such events.
Comment by Other John — January 22, 2009 @ 10:42 am
Seems as though the Chief Justice of the Supreme Court and the President have made whatever corrections they felt necessary regarding the words that were spoken out of order in the oath of office.
If the Chief Justice says it's okay, guess the rest of us should too.
Comment by Will — January 22, 2009 @ 11:33 am