WASHINGTON — The presidential oath of office is required of a new president before he can execute his powers, and the Constitution is clear that its 35 words must be spoken exactly.
So it might be that spectators didn’t actually witness President Barack Obama being sworn in.
Initially, Obama interrupted Chief Justice John Roberts midway through the opening line, in which the president repeats his name and solemnly swears.
Next in the oath, which is enshrined in the Constitution, is the phrase “… that I will faithfully execute the office of president of the United States.” But Roberts rearranged the order of the words, not saying “faithfully” until after “president of the United States.”
That appeared to throw Obama off. He stopped abruptly at the word “execute.”
Recognizing something was off, Roberts then repeated the phrase, putting “faithfully” in the right place but without repeating “execute.”
Obama then repeated Roberts’ original, incorrect version: “… the office of president of the United States faithfully.”
Constitutional law experts agree the flubs are insignificant. Yet two previous presidents — Calvin Coolidge and Chester Arthur — repeated the oath privately because of similar issues.
Lawyers said Obama and his supporters need not be worried about the legitimacy of his presidency, but they said a second attempt couldn’t hurt. Charles Cooper, head of the Justice Department’s Office of Legal Counsel under President Ronald Reagan, said that the oath is mandatory, that an incorrect recitation should be fixed and that he would be surprised if the oath hadn’t already been re-administered.
Akhil Reed Amar, a Yale constitutional law professor, said: “Out of a superabundance of caution, perhaps he should do it again.”
The oath was taken five minutes late, so technically, Obama was already president anyway — the Constitution says the term of the incoming president begins at noon on Jan. 20.
Talk to us
> Give us your news tips.
> Send us a letter to the editor.
> More Herald contact information.
