Tuesday, January 20, 2009

The Chief Justice's Flub

Doesn't that title sound dirty?

Watching the swearing in and inaugural speech was amazing. Watching it with 1,000 freshmen was less so. While the speech itself was inspired and moving, perhaps the most surprising bit of the afternoon was Obama's excited jumping ahead in the oath of office, followed by Chief Justice John Roberts' reordering of words in the oath, followed by confusion on the part of Obama, followed by confusion on the part of Roberts. Hilarity ensues.

Most media outlets, of course, are focusing on the grandeur of the day, as well they should, but I did track down this article from ABCnews.com:

Chief Justice Fumbles

January 20, 2009 12:45 PM

Chief Justice John Roberts is a man who has made very few public missteps in his life -- but he appears to have made one when swearing in Barack Obama. After Obama stepped on the first line of the oath, Roberts then slightly flubbed the next bit--which then tripped up Obama.

You'd think two brilliant Harvard Law grads who are both serious students of the Constitution (and obviously know the words of the oath by heart) would nail this one, but, then again, who among us has made history standing before two million people on a freezing January day?

The oath is contained 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."

But when Obama jumped in sooner than Roberts expected, Roberts flipped some of the words, saying: "I will execute the office of president to the United States faithfully."

Here's the transcript:

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.

UPDATE: It's worth pointing out that Chief Justice William Howard Taft, who had been President himself, also flubbed the oath when he was swearing in Herbert Hoover in 1929. When Taft administered the oath, he said, "preserve, maintain and defend the Constitution," instead of "preserve, PROTECT, and defend." So where Roberts flipped a couple of words, Taft substituted an entirely new one.

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