Pat Dollard | Young Americans

Many legal and constitutional experts say that because the oath was not followed, any orders Obama gives are unlawful until he takes it and that technically, Biden, who correctly took the oath, is the President of the United States.

Two previous Presidents, Calvin Coolidge and Chester Arthur, retook their oaths of office under similar circumstances. So it is not unprecedented, and Roberts is as much at fault as Obama if not more. Even Roberts admitted he screwed it up. Now we wait and see if Zero does the right thing and retakes the oath.

SF Chronicle:

Washington - — Several constitutional lawyers said President Obama should, just to be safe, retake the oath of office that was flubbed by Chief Justice John Roberts.

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 United States.”

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. “It would seem appropriate for the president of the United States to take the oath specified in the Constitution,” he said. “It’s the same oath all 43 of his predecessors took. He ought to take it.”

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.

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.”