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Obama takes the oath -- again

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William Crawley | 09:29 UK time, Thursday, 22 January 2009

_45401329_006762611-1.jpgI know I promised not to blog again about the inauguration, but this is irresistible. Chief Justice Roberts has sworn in Barack Obama for a second time, in a small ceremony in the Map Room. The White House says they repeated the oath out of "an abundance of caution", even though they believe the first oath, taken on Tuesday, was valid. Apparently, the placing of the word "faithfully" is the issue. I suggested on Tuesday that some may challenge the constitutionality of the oath because of this mix-up of words. Maybe the White House is reading Will & Testament?

Short of a third swearing-in, that really is my last post on this.

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  • 1. At 10:32am on 22 Jan 2009, smasher-lagru wrote:

    Will - did you post this twice as an attempt at humour, or a genuine mistake?

    Two thoughts - his first act as President (Americans always use a capital P for their President) was a proclamation of a Day of Reconciliation (or some hope'n'change thing), so presumably that was invalid.

    And then he doesn't use a bible when nobody is looking. Makes you wonder.

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  • 2. At 11:38am on 22 Jan 2009, SheffTim wrote:

    Past US Presidents Calvin Coolidge and Chester Arthur also repeated their oaths in private because of similar issues.

    Theodore (Teddy) Roosevelt also did not use a Bible when taking the oath in 1901. It is not a requirement for the Oath to be considered legal.
    Nothing in the US constitution requires that the oath of office be taken on the Bible. Neither do the words `so help me God` appear in the official text for the oath. (The Lincoln Bible Obama used the day before had already been sent back to the museum it is kept in.)

    John Quincy Adams swore on a book of law, he was pretty much an atheist. e.g. `This would be the best of all possible worlds, if there were no religions in it.`

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  • 3. At 12:53pm on 22 Jan 2009, DanielSkel wrote:

    Constitutional scholar Ken Katkin wrote yesterday that Condy Rice was acting president for around 90 seconds. I guess if Obama did fluff the oath that means Rice was actually in charge for the best part of the day...a miracle the nukes aren't flying, if that's the case.

    Dan

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  • 4. At 2:55pm on 22 Jan 2009, Orvillethird wrote:

    Actually, legally, Obama became President at Noon, even without the oath.

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  • 5. At 4:45pm on 22 Jan 2009, jovialPTL wrote:

    I love constitutional law dabates! Orvill where's your evidence that Obama became president even without the oath?

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  • 6. At 10:49pm on 22 Jan 2009, Dennis Junior wrote:

    William:
    That is excellent news, that Obama re-took the oath again...
    ~Dennis Junior~

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  • 7. At 00:51am on 23 Jan 2009, SmasherLagru wrote:

    Article 2 of the the United States Constitution prescribes that the President must take the oath "before he enter on the Execution of his Office".

    And the Chief Justice emphasizes this by usually referring to the existing title of the President-elect. Obama was called "Senator" and Clinton "Governor".

    Legally it would seem that while Obama became President at noon, he had no authority until he took the oath.

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  • 8. At 00:50am on 24 Jan 2009, Orvillethird wrote:

    Well, Bush's term had ended, both by the Constitution and the law, and Congress had certified Obama as his successor. However, you have got me on the oath bit.

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