The wording of the Oath of Office as taken by each new President of the United States, and as written in Article 2 of the Constitution is as follows:
"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."
This seems crystal clear and yet controversy reigns as four small words are the battleground on which hang the religious beliefs of the President and the religious soul of America.
President Obama's Oath
On 20 January 2009, President Obama and Chief Justice John G. Roberts combined to produce a stuttering performance:
"I, Barack Hussein Obama, do solemnly swear that I will execute the Office of President of the United States faithfully, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States. So help me God."
No doubt the tension of the occasion got to both men. Constitutional experts are split over the legal ramifications, with past presidents Calvin Coolidge and Chester Arthur repeating their oaths in private because of similar issues. The President stating his own name has become common practice and does not affect the legal standing of the Oath. However, there are a few issues that cause concern to sections of the American public.
To Swear or to Affirm
The Constitution allows the President to either swear or affirm the Oath. They have the same legal weight but an affirmation is seen as removing some of the religious connotations of swearing. Franklin Pierce and Herbert Hoover are the only presidents to have affirmed rather than sworn the Oath, with Pierce placing his hand on a book of law rather than the more common Bible. John Quincy Adams also used a book of law but swore the Oath rather than affirming it. The written Constitution and the established protocols thereby allow the President to theoretically be of any religious persuasion.
So Help Me God
However, the phrase that disturbs both non-believers and some adherents of other faiths is the "So help me, God" phrase at the very end. This is not in the Constitution and it is also unclear when it first started to be used. Washington Irving, writing 65 years after the event, states that George Washington used the phrase and yet contemporary accounts, including the full text as reported by the French consul, fail to mention this.
Personal Statement or Official Oath
The crux of the problem is whether this appellation to God is being smuggled into the official Oath without due legal process or whether it is just a personal statement of faith. The crucial difference here is in what the Chief Justice says, which must be exactly as laid down by the Constitution, and what the President says, which may include a personal codicil. In 2009, Roberts ended the Oath with "So help you, God?!" which is definitely unconstitutional and likely to spark another round of debates as to how the Oath should be administered.
Clearer Oaths of Office
The situation is so much clearer for other public officials such as Congressmen and judges. They have to state a very similar Oath of Office but in their case there is no ambiguity. The "So help me God" clause is specifically inserted if they choose to swear their oath and must be taken out if they affirm it. Now, why can't the Presidential Oath be so clear-cut?
Richard Mankiewicz - I write on a wide variety of topics from the broad perspective of the relationship between the arts and sciences. The aim is to break down ...
