Once More, With Feeling

[howeird]

And with the right words. Obama was sworn in again:
http://www.timesonline.co.uk/tol/news/world/us_and_americas/article5567187.ece
because, as I mentioned earlier, technically he was not President when he and the Cheaps Justice botched the oath of office. The Constitution is quite clear on this:
ARTICLE II SECTION I

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."

Comments

[unseelie23.livejournal.com]

Somehow I suspect that if that had been brought as a challenge that the Supreme Court (and Roberts) would have refused to hear it.

No reason to not do it over again though. This wasn't the first time that's been done.

Of course, if we want to be sticklers... most of our presidents have flubbed it seeing as "so help me God" isn't part of it either... ;)

[howeird]

I don't see any problem with adding an affirmation after the oath, such as "so help me god" or "thank you, jesus" or "fuckin' A!"

[dprisoner.livejournal.com]

Actually, I think the point should be that Justice Roberts inserted the "So help you God" when it isn't part of the oath. Anything after the oath on part of the swearee is up to them and not the swearer.

[howeird]

True. But my understanding is the President-elect asked for "so help me god" to end the oath. He also was the one who decided use his full name (many Presidents have opted for just the middle initial, and some did not even use that, Thomas Woodrow Wilson and Stephen Grover Cleveland asked to only use their middle names). The President-elect also has to inform the oath-giver whether he will swear or if he will affirm (the Constitution lists both possibilities). As long as the words in the Constitution are said without alteration, anything else, I think, is perfectly legal.

[dprisoner.livejournal.com]

Apparently there is a little debate on whether that 20th amendment supersedes the madate for the oath, but the continuation of the administering of it has re-set the precedent.

However In 1916, the State Department (based on an 1821 ruling by Chief Justice Marshall) determined that "there is no interval between the term of one President and the beginning of his successor, although there may be a slight interval when the executive power is suspended." Therefore, a delay in taking the oath of office would not leave a hiatus in the office of the President, but the new president would not have the constitutional power to perform any executive function until the oath of office was taken.

So, he was still technically the President as of Noon (ET) on 1/20, just not able to perform any executive actions - if you really believe that the mis-delivered oath is an issue. There is precedent for an inaccurate oath being acceptable: Hoover's oath contained a differing word (maintain instead of protect) but the administering justice did not think it was an issue.

Obama's redo was just a showpiece for the pedants, especially those who still think he's not a natural born citizen.

[howeird]

The 20th amendment doesn't mention the oath, which seems like a huge mistake to me. It's pretty clear from the amendment that its authors wanted the new Prez to take over at the stroke of noon, with full powers. Which he/she cannot do without first taking the oath. Hmmmm. Maybe we'll be seeing an amendment to the amendment, thanks to Dread Pirate Chief Justice Roberts

---

Obama is a US citizen by his mother being a US citizen, and by the fact that Kenya requires a formal renunciation of all other citizenship at a person's 23rd birthday for that person to retain his/her right to citizenship by birth. Obama obviously did not do that. Folks who dispute his citizenship need to get a life.

From Kenya's immigration dept. site:
(viii) What should a child born in Kenya of mixed parentage( i.e. a Kenyan and a foreigner) do to become Kenyan?
The child holds dual citizenship up to the age of 21 years and will have to renounce his claim to the other nationality before he turns 23 years old in order for him to remain a Kenyan citizen.

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