Hamilton, Madison, and Jay

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Location: Mesa, Arizona, United States

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Wednesday, January 21, 2009

This is such a non-issue

It's not bad enough that the birth certificate truthers are still trying to flood lawsuits in federal court to get Obama removed as president (Um, forget it guys. It won't work, especially now that he's inaugurated) Captain Ed picks up on what is possibly the most asinine meme from yesterday that is making the rounds through the 'Sphere and punditocracy today.

Obama flubbed the oath of office, so is he really president?

First off, Obama didn't screw it up. Chief Justice John Roberts did. This is the oath enumerated in the Constitution:

"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."

Here is the transcript of the flub, via Little Green Footballs. There is also a video of it at this link:

ROBERTS: Are you prepared to take the oath, Senator?
OBAMA: I am.
ROBERTS: I, Barack Hussein Obama...
OBAMA: I, Barack...
ROBERTS: ... do solemnly swear...
OBAMA: I, Barack Hussein Obama, do solemnly swear...
ROBERTS: ... that I will execute the office of president to the United States faithfully...
OBAMA: ... that I will execute...
ROBERTS: ... faithfully the office of president of the United States...
OBAMA: ... the office of president of the United States faithfully...
ROBERTS: ... and will to the best of my ability...
OBAMA: ... and will to the best of my ability...
ROBERTS: ... preserve, protect and defend the Constitution of the United States.
OBAMA: ... preserve, protect and defend the Constitution of the United States.
ROBERTS: So help you God?
OBAMA: So help me God.
ROBERTS: Congratulations, Mr. President.

Obama's lone mistake was jumping the gun in the beginning. It was Chief Justice Roberts (bolded above) that made the mistakes. But the question is does this make him the legal president? The Constitution says that before he takes office, he must swear to the oath. IF Chief Justice Roberts believed that there was a legal issue at stake, he would have readministered at a different time. But this isn't going to prevent him from being president.

This is literally a non-issue. I criticize Chris Wallace for even raising the concern on FOX News, as if this is somehow newsworthy. It's not. It makes no difference. And should someone choose to file suit that he's not, what are they going to do when the high court refuses to grant them certiorari? Will they whine and cry like the Berg-bots who are claiming the Supreme Court isn't doin it's duty to uphold the Constitution? Please. Get a life already.

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