Was Obama President Yesterday or Not?
EmailSo, why exactly did President Obama retake the oath of office last night at the White House? The blogosphere is bubbling today with theories and half baked legal arguments over just how critical that inauguration day flub was. But before you dismiss all those arguments that Obama was in fact not technically President because of the out of order oath keep in mind the White House counsel wasn’t so certain. "We believe that the oath of office was administered effectively and that the president was sworn in appropriately yesterday," White House counsel Greg Craig said in a statement. "But the oath appears in the Constitution itself. And out of an abundance of caution, because there was one word out of sequence, Chief Justice Roberts administered the oath a second time." "It’s just 35 words, but they have to be said; they have to be said in that order," said George Washington University Law School professor Jonathan Turley. ABC’s George Stephanopoulos sees it this way: "I think he had to do it. Someone would have filed a lawsuit somewhere." But what about the whole he-was-President-at-12 noon-Tuesday-despite-the-oath argument? A Supreme Court Justice (who asked to not be identified) told ABC News that Barack Obama was officially President at high noon but that he had no ‘legal power’ to carry out his duties till he recited the oath a few minutes later. Here’s what the Constitution has to say on all this: "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.’" So, they got it right last night. But does that mean those White House pay freezes he signed yesterday morning are out the window?
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The Constitution states: “Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation…”
It doesn’t state the consequences of not taking the oath. It doesn’t say that if he doesn’t take the oath he’s not the president.
Posted by: Jeff | January 22, 2009, 12:31 pm 12:31 pm
Here’s an interesting thought. What I read in the law is that ANYONE who recites that oath automatically becomes the President.
Posted by: Eric | January 22, 2009, 12:47 pm 12:47 pm
Oh Please! Are you trying to Feed the “Ball and Chain” party, the GOP, to be a drag on everything the US is supposed to be?
Posted by: Thinking | January 22, 2009, 12:52 pm 12:52 pm
Obama is most definitely the president. And what a relief to have those executive branch powers lifted from Bush and Cheney. Cheney was at times a member of the executive branch and at other times a member of the legislative branch – they were always tinkering with ways to expand their powers. Now they are plain old citizens. We can all take a deep breath now.
Posted by: hopesprings52 | January 22, 2009, 12:55 pm 12:55 pm
Charley, I watch you every night and like how you present the news. I just wonder why you do not wear an American flag pin in your coat lapel?
Posted by: patricia r stewart | January 22, 2009, 12:56 pm 12:56 pm
I was under the false assumption that one was elected to the presidency.
Posted by: Thinking | January 22, 2009, 1:21 pm 1:21 pm
I don’t like the man (his policies anyway) but even I will tell you this is a bunch of crap, word out of sequence or not, he was elected and took the oath and then retook the oath, he’s the president, get over it. Now argue about something real…
Posted by: samhiguchi | January 22, 2009, 1:39 pm 1:39 pm
This is the silliest bunch of nonsense.. The left are blaming Justice Roberts for “Screwing Up”V.P. Joe Biden is making unfunny jokes about it, let’s get on with business.. This back and forth is so tiresome, now you have some weirdo bringing Bush and Cheyney into the mix.. GET A LIFE- MOVE ON!!!!!
Posted by: Chris | January 22, 2009, 2:04 pm 2:04 pm
I did not vote for him but I’m ready to see what he can do for the country. Give him a chance.
Posted by: janey35 | January 22, 2009, 3:15 pm 3:15 pm
Sadly there are a large contingent of people who are waiting to jump on anything they can to cast blame or doubt on Barak Hussein Obama because he is not white. I hope he and his family have broad shoulders because for some there will be no pleasing them. God bless the President and his family, and may God give insight and truth to the others.
Posted by: mayzin | January 22, 2009, 4:36 pm 4:36 pm
Even if the blame goes to the chief judge because i heard obama memorized it he should of repeated what he heard and then they can say it correct themselves to saves them the embarrassment and stop pointing fingers.
I agree it is over and Move On.
Posted by: gigglesdi | January 22, 2009, 4:42 pm 4:42 pm
I think he did the right thing doing it over. But why on gods green earth did he not use a bible? Im sure its legal.(i think)Guess Lincoln meant more than the bible since he couldn’t use that one,
but doing it over and not using the bible is going to stir up much more trouble and distraction ,give it a few days and he will be doing it a 3rd time. Thats ashame he did not care to much about it. He is going to have to re sign the previous orders too.
Posted by: carolina blue | January 22, 2009, 7:04 pm 7:04 pm
I tried to take in this whole issue of the retaking of the ” Oath ” and kinda of realize.., It’s much ado about very litle… Only lets get it right the next time okay!!
Posted by: Hiroader | January 23, 2009, 4:46 am 4:46 am
I think it is amusing that two lawyers got the oath wrong. In order to prevent nuisance lawsuits, the sort of thing that other lawyers could have a field day with, the President would be well advised to re-sign anything he signed in the period between the inaugural signing and the correction.
Posted by: David Tanner | January 23, 2009, 3:29 pm 3:29 pm