Now you guys need to demand that he be impeached because of some
He can't be impeached. He's not president because he didn't correctly
execute the oath of office, and thus has not been sworn in in
accordance with the constitution.
Also, the flag in the background had gold fringe, making this an
admiralty proceeding and therefore invalid when on land.
We'll wait until you guys have broken ground for the
> He can't be impeached. He's not president because he didn't correctly
> execute the oath of office, and thus has not been sworn in in
> accordance with the constitution.
Not my President!
Several constitutional lawyers said President Obama should, just to be
safe, retake the oath of office that was flubbed by Chief Justice John
The 35-word oath is explicitly prescribed in the Constitution, Article
II, Section 1, which begins by saying the president "shall" take the
oath "before he enter on the execution of his office."
The oath reads: "I do solemnly swear 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
In giving the oath, Roberts misplaced the word "faithfully," at which
point Obama paused quizzically. Roberts then corrected himself, but
Obama repeated the words as Roberts initially said them.
A do-over "would take him 30 seconds, he can do it in private, it's
not a big deal, and he ought to do it just to be safe," said Boston
University constitutional scholar and Supreme Court watcher Jack
Beermann. "It's an open question whether he's president until he takes
the proper oath."
The courts would probably never hear a challenge, and some might argue
that Obama automatically took office at noon because that's when
President Bush left the office. But because the procedure is so
explicitly prescribed in the Constitution, Beermann said if he were
Obama's lawyer, he would recommend retaking it, just as two previous
presidents, Calvin Coolidge and Chester Arthur, did under similar
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.
Chief Justice John Roberts came to the White House tonight and
administered the oath of office to President Obama at 7:35 p.m. ET in
the Map Room.
Because there was one word out of sequence in yesterday's oath,
explained White House Press Secretary Robert Gibbs, the president took
the oath again "out of an abundance of caution."