Did Roberts really flub? Was it intentional? Don your beanies, folks.Several constitutional lawyers said President Obama should, just to be safe, retake the oath of office that was flubbed by Chief Justice John Roberts.[...]
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 circumstances.
"The Constitution says what he's supposed to say," Beermann said. "... It's kind of surprising the chief justice couldn't get it right."
The only reason not to retake the oath would be to prevent further embarrassment of the chief justice, he said.
[...]
Jonathan Turley, a constitutional law professor at George Washington University, was hosting an inauguration party at his home in McLean, Va., Tuesday and did a mock swearing-in of 35 children. When Roberts erred, one child shouted: "That's not right!"
"He should probably go ahead and take the oath again," Turley said. "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."
....but hey, do what you want....you will anyway.
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