Legalities

Life, Politics and the Law From ABC News Correspondent Jan Crawford Greenburg

Jan Crawford Greenburg is a correspondent for ABC News' bureau in Washington DC. She covers politics, the Supreme Court and provides legal analysis for ABC News. She is a graduate of the University of Chicago's law school and is a member of the New York bar.

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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.

January 20, 2009 | Permalink | User Comments (234)

User Comments

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Everybodys a critic

Posted by: mls | Jan 20, 2009 12:56:07 PM

Obama couldn't wait to get started and tripped up Roberts. It's funny how people see what they want to see. Or hear what they want to hear as the case may be. lol

Posted by: Kitty | Jan 20, 2009 12:58:50 PM

Sorry folks he is still President Obama. NOMORE PEBO. Yahoo!!!!!!!!

Posted by: Jenny Rome Ga | Jan 20, 2009 12:58:51 PM

Roberts had one simple job to do and he blew it.

Posted by: William J. LePetomane | Jan 20, 2009 1:01:55 PM

Chief Justice fumbles or rather play tricks on Obama in return for Obama's vote against his nomination to Supreme Court in 2005?

Got'ya!...he he

Posted by: logic301 | Jan 20, 2009 1:04:21 PM

Oh give it a break...y'all got more important news than this to grouch about.

Posted by: April | Jan 20, 2009 1:04:33 PM

Oh, can we cut the criticism. Why does everyone have to nitpick on the little things. There is enough BIG stuff going on that this petty picking is pathetic.

This was a huge event for both of them. So, what if they fumbled a few words. They still got it done. Heck, I've seen people fumble their wedding oaths, but they are still married.

Posted by: Ellen Lincourt | Jan 20, 2009 1:06:36 PM

People, give both guys a break. I'm sure it has to be difficult to do that in front of so many people. Besides, I'm sure they were both freezing.

Posted by: Catherine | Jan 20, 2009 1:06:59 PM

Just like a wedding, not everything goes as planned.

Posted by: Reason | Jan 20, 2009 1:09:02 PM

Republicans will say Obama screwed it up, Democrats will say Roberts screwed it up. Whatever, who cares? The important thing is that Bush is gone! We will spend the next decade or more trying to rebuild this country and undo all the missteps of the Bush/Cheney administration.

Posted by: Dave | Jan 20, 2009 1:11:11 PM

It's ok. Mistakes happen and we learn from them. Case in point, our economy??? He'll be just fine!!! We've been waiting for this day, thank you Lord!!!!!

Posted by: Tracy's holdin out | Jan 20, 2009 1:13:07 PM

Media to the rescue! What a shocker.

Posted by: American | Jan 20, 2009 1:13:50 PM

Yay, Bush is gone!! "The King is dead, long live the King....."!

Posted by: Deb S. | Jan 20, 2009 1:14:53 PM

Wow, I so expected the usual posters on this site to be claiming that Obama is not really president because he didn't take the oath properly. Maybe they all just decided to stay in bed today.

Posted by: Lisa | Jan 20, 2009 1:14:56 PM

I am proud to be an American & am proud to see Obama become our president. We have so much more to be concerned with than a stumbling over a few words. Relax...

Posted by: puybgp&dwi | Jan 20, 2009 1:15:05 PM

Personally, I think it's good that his presidency started with a little humor. We could all use some right now, yes?

Posted by: Morte | Jan 20, 2009 1:15:05 PM

Of all people, the Chief Justice of the Supreme Court should have gotten the presidential oath of office correct. He had only one responsibility today, and he blew it.

Posted by: Greg | Jan 20, 2009 1:15:07 PM

Roberts has some neurological problem. Remember when he had his seizure, a while back? Why do we get these people to these positions of power?

Posted by: John Kovacs | Jan 20, 2009 1:16:38 PM

Congratulations to the President - You are gracious, eloquent and proud to serve your country. Thank you for making so many young children and adults interested in this election and wanting to see you and be a part of this historical day. You have put a spark back into the White House and God bless you and your family.

Posted by: Mary | Jan 20, 2009 1:17:04 PM

Bottom line: By the time Obama leaves office Roberts will be voting in the minority all the time, after Obama fills the court with progressives. This aspect doesn't get covered a lot in the press, but Obama will shape the court for years to come. The best thing to come out of this election.

Posted by: JerryTheAngel | Jan 20, 2009 1:19:40 PM

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