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  #1  
Old 01-22-2009, 01:48 PM
MysticCat MysticCat is offline
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Quote:
Originally Posted by PhiGam View Post
First I've heard of it and I listen to a lot of talk radio
But apparently you don't talk to enough lawyers. (And if that's the case, good for you. ) This was a prime topic of conversation yesterday, going back and forth between "what was the CJ thinking, trying to do the oath from memory?" to "the CJ should really be embarrassed" to "what's the legal effect of flubbing the oath?"

As to the last question, others are right: Per Amendment XX, GWB's term ended at noon on Tuesday and, at the same moment, Obama became president. The question would have to do with his legal ability to exercise his authority as president until taking the oath, with many constitutional scholars coming down on the side of "he's president, but until he takes the oath, he can't do anything presidential." (Article II, § 1(8) says, "Before he enter on the execution of his office, he shall take the following oath . . . .") The question then became whether the flubbed oath counted. I saw disagreement on that, but most were taking the "better safe than sorry" approach.

BTW, this isn't the first time this has happened. Calvin Coolidge and Chester A. Arthur both re-took the oath. Both of those times, the sitting president had died (or been killed) while in office, and there was a question as to whether the first oath had been administered by someone qualified to do so.
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  #2  
Old 01-22-2009, 02:29 PM
KSigkid KSigkid is offline
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Originally Posted by MysticCat View Post
But apparently you don't talk to enough lawyers. (And if that's the case, good for you. ) This was a prime topic of conversation yesterday, going back and forth between "what was the CJ thinking, trying to do the oath from memory?" to "the CJ should really be embarrassed" to "what's the legal effect of flubbing the oath?"

As to the last question, others are right: Per Amendment XX, GWB's term ended at noon on Tuesday and, at the same moment, Obama became president. The question would have to do with his legal ability to exercise his authority as president until taking the oath, with many constitutional scholars coming down on the side of "he's president, but until he takes the oath, he can't do anything presidential." (Article II, § 1(8) says, "Before he enter on the execution of his office, he shall take the following oath . . . .") The question then became whether the flubbed oath counted. I saw disagreement on that, but most were taking the "better safe than sorry" approach.

BTW, this isn't the first time this has happened. Calvin Coolidge and Chester A. Arthur both re-took the oath. Both of those times, the sitting president had died (or been killed) while in office, and there was a question as to whether the first oath had been administered by someone qualified to do so.
Exactly; I'm a big fan of the CJ (he's one of my favorite Supreme Court justices ever, as dorky as that sounds), and even I was a little puzzled as to why he went about it the way he did.
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Old 01-22-2009, 02:35 PM
agzg agzg is offline
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Originally Posted by KSigkid View Post
Exactly; I'm a big fan of the CJ (he's one of my favorite Supreme Court justices ever, as dorky as that sounds), and even I was a little puzzled as to why he went about it the way he did.
It sounds ridiculously dorky but I don't think any of us would expect anything less.
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Old 01-22-2009, 02:41 PM
MysticCat MysticCat is offline
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Originally Posted by KSigkid View Post
Exactly; I'm a big fan of the CJ (he's one of my favorite Supreme Court justices ever, as dorky as that sounds), and even I was a little puzzled as to why he went about it the way he did.
I'm very impressed with him as well, so I was more than a little puzzled. I actually commented before he started the oath that it didn't seem like a good idea to try and do it from memory.
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  #5  
Old 01-22-2009, 02:52 PM
KSig RC KSig RC is offline
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Originally Posted by MysticCat View Post
I'm very impressed with him as well, so I was more than a little puzzled. I actually commented before he started the oath that it didn't seem like a good idea to try and do it from memory.
Well, if Obama had just gotten his part correct the first time, Roberts wouldn't have had to remember it . . . just another example of liberals undermining the judiciary.

Let's hear Olberman explain THAT.
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Old 01-22-2009, 08:01 PM
deepimpact2 deepimpact2 is offline
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Originally Posted by KSig RC View Post
Well, if Obama had just gotten his part correct the first time, Roberts wouldn't have had to remember it . . . just another example of liberals undermining the judiciary.

Let's hear Olberman explain THAT.
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  #7  
Old 01-23-2009, 09:45 AM
KSigkid KSigkid is offline
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Originally Posted by alphagamzetagam View Post
It sounds ridiculously dorky but I don't think any of us would expect anything less.
Haha...fair enough. My dorkiness is quite apparent.

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Originally Posted by moe.ron View Post
Saw him doing the oath without any papers, I started thinking, somebody is going to messed up.

Also saw tht CJ had a nervous look, that kinda sealed the deal on him flubbing. Bad idea to do it out of memory.
Just goes to show that when you try to get two Harvard Law grads to do something, the results can be CRAZY!!!
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  #8  
Old 01-25-2009, 04:44 PM
Thetagirl218 Thetagirl218 is offline
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I am glad they re-did it! They needed to make sure it was right...
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  #9  
Old 01-22-2009, 10:57 PM
moe.ron moe.ron is offline
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Quote:
Originally Posted by MysticCat View Post
I'm very impressed with him as well, so I was more than a little puzzled. I actually commented before he started the oath that it didn't seem like a good idea to try and do it from memory.
Saw him doing the oath without any papers, I started thinking, somebody is going to messed up.

Also saw tht CJ had a nervous look, that kinda sealed the deal on him flubbing. Bad idea to do it out of memory.
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Last edited by moe.ron; 01-22-2009 at 11:02 PM.
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  #10  
Old 01-22-2009, 11:58 PM
DrPhil DrPhil is offline
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Quote:
Originally Posted by moe.ron View Post
Saw him doing the oath without any papers, I started thinking, somebody is going to messed up.

Also saw tht CJ had a nervous look, that kinda sealed the deal on him flubbing. Bad idea to do it out of memory.
I was embarassed when it happened but I didn't know who messed it up.

The Obamas' faces were the only thing they camera was showing and their expressions were priceless.
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