Wednesday, January 21, 2009

Obama Re-Sworn as Precaution... Now About that Citizenship Thing...

President Obama joins an elite group of American Presidents who have had to retake the oath of office required by the Constitution. Tonight at 7:35 PM EST, Chief Justice John Roberts re-administered the oath in the White House Map Room.

At noon Tuesday, Roberts mangled the wording of the oath and, after a slight hesitation by Obama, the President-elect repeated the words as delivered.

Traditionally, Presidents have added, "So help me God" at the end of the Constitutional oath as emphasis ever since George Washington first added the phrase. Roberts appended the phrase to the oath as a question, "So help you God?" as if to challenge Obama's Christian faith or issuing a religious litmus test, which is a Constitutional violation. In any case, Obama quickly answered, "So help me God." Roberts should not have added the phrase. But, don't hold your breath for an ACLU objection.

The Constitution is very explicit on the point of the Presidential Oath of Office and does not address any other oaths for other offices. The 35-word oath prescribed in Article II, Section 1, clearly states,
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."
Constitutional scholars advised the do-over oath in an "over abundance of caution". There was concern that without the proper sworn oath, Obama may face leagl challenges later. Precedent was established by Calvin Coolidge and Chester Arthur, who were re-sworn under similar circumstances.

Paraphrasing the Drudge Report description of the event:

While sitting on the couch in the Map Room waiting for Chief Justice Roberts to don his black robe, Obama joked, "We decided it was so much fun..."

"Are you ready to take the oath?" Roberts asked.

"I am, and we're going to do it very slowly," Obama replied.

After 25 seconds and a flawless recitation, Roberts smiled and said, "Congratulations, again."

President Obama said, "Thank you, sir."

There was a smattering of applause from the assembled staff and reportorial witnesses. "All right." said Obama. "The bad news for the pool is there are 12 more balls.
There are reasons for a do-over said Jack Beermann, Boston University constitutional scholar, speaking with the San Francisco Chronicle -

It's an open question whether he's president until he takes the proper oath... The Constitution says what he's supposed to say... It would seem appropriate for the president of the United States to take the oath specified in the Constitution... It's the same oath all 43 of his predecessors took. He ought to take it.
President Ronald Reagan's chief of the Justice Department's Office of Legal Counsel, Charles Cooper agreed the oath is mandatory and an incorrect recitation should be corrected.

Jonathan Turley, George Washington University constitutional law professor, said,

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. I don't think it's necessary, and it's not a constitutional crisis. This is the chief justice's version of a wardrobe malfunction.
Now that the Constitutional scholars, former and current government legal officials, U.S. Supreme Court Chief Justice John Roberts, and President Barack Obama agree that it is important to follow the requirements of the Constitution, how about doing something about that birth certificate and natural born citizen requirement. We wouldn't want anyone thinking Obama is a usurper president because he has not provided proof he is a natural born citizen by means of an official vault copy Birth Certificate. That would be crazy.

The life of Indigo Red is full of adventure. Tune in next time for the Further Adventures of Indigo Red.


Jenn of the Jungle said...

Im curious, but when I looked at the constitution it didn't specify that the words had to be said in order. Just saying.

With Barry the Socialist on office we have bigger fish to fry.

Indigo Red said...

At what point then, would the random recitation of the oath's words no longer be the oath?

Ability, swear United best and I United that solemnly do Constitution will Office, I (or affirm) execute protect the of of the preserve and my of, President the faithfully of the to the defend will States States.

All the words and punctuation marks are there, but not the sense.

Besides, the Constitution does say the words are to be spoken as written, "...shall take the following Oath or Affirmation:"

Ted said...

Take the test.

FIRST QUESTION: Who IS the actual and lawful 44th President of the USA?

ANSWER: Joe Biden

Biden was initially the Acting President for at least 5 minutes under either the Constitution’s Article 2 or the Constitution’s 20th Amendment, from 12:00 Noon 1/20/09, having already taken his Oath of Office and before Obama completed his ‘oath’ at approximately 12:05 PM, 1/20/09. Under the 20th Amendment if the President-elect shall have failed to qualify, or alternatively under Article 2 if the President is unable to discharge the powers and duties, at the time fixed for the beginning of the term, being 12:00 Noon 1/20/09, which ability and/or qualification includes that he take the Article 2 oath “before he enter on the execution of his office,” then either the Presidency shall devolve on the Vice President under Article 2 or the Vice President shall act as President under the 20th Amendment. (The importance of the oath in ‘commencing’ an ‘Obama Presidency’ — rather than merely the 1/20/09 Noon time — is confirmed by the re-take of the ‘oath’ by Obama at the White House on 1/21/09 after the first ‘oath’ was NOT administered by Justice Roberts NOR recited by Obama in the words as required under Article 2.)

This is significant because at such time that the Supreme Court finally rules on the merits on Obama’s disqualification as not being an Article 2 “natural born citizen” (clearly he is NOT), Biden’s automatic status (without needing to take a separate Presidential Oath) of being President would be predicated upon four different bases: First, having been Vice President under Article 2; second, having been Vice President-elect under the 20th Amendment; third, having been actual President in the hiatus before Obama took the ‘oath(s)’; and fourth, retroactively deemed President during the full period of the Obama usurpation so that the acts of the Federal Government under the usurpation can be deemed authorized and/or ratified by Biden’s legitimacy.

SECOND QUESTION: Who will be the 45th President?

ANSWER: Hillary Clinton

One must assume that Bill and Hillary Clinton have been aware of all of the above. Biden’s wife recently “let the cat out of the bag” on the Oprah Show that both Biden and Hillary had considered alternatively Veep or Secretary of State, in either case, setting up Hillary to be President on a vote of the Democratic Congress if need be.

THIRD QUESTION: Is Obama an unwitting victim of this troika or a knowing participant?

ANSWER: Yet undetermined.

Indigo Red said...

hmmm, interesting.

suek said...

Hmmm as well. I read an interesting tidbit this am about the fact that Obama was adopted by a couple of Crow indians last May (I think). The interesting thing is that by being adopted by members of the American Indian tribe, he becomes an American Indian automatically, and upon registration with some government body, is a natural born US citizen.

Ok...this is just one more bizarre fact to add to the whole natural born fiasco. I've checked into the adoption, and it seems to be factually correct. As for the rest of the statement, I don't know.

Man. I don't think I'm going to live long enough to see this thing clarified in full.