Observations by a Citizen: They Don’t Know What They Are Doing – And They are Running Things

By Hal Rounds

You can’t even rely on Congress itself to accurately inform researchers, students, or anyone else about the Constitution. Congress’ own website (constitution.congress.gov) poses as the government’s own public access guide to our Constitution. I was checking it to use as a double-check on another project, and it was wrong.

In explaining the President’s Oath of Office, they showed what the Constitution does say:

“Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: – 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.”

Then their page “explains:”

“What is the time relationship between a President’s assumption of office and his taking the oath? Apparently, the former comes first, this answer appearing to be the assumption of the language of the clause. The Second Congress assumed that President George Washington took office on March 4, 1789, although he did not take the oath until the following April 30.”

Washington did NOT “[take] office on March 4, 1789.” That was the date set for Congress to begin governing under our brand new Constitution. A few newly elected Representatives arrived that day, as did a few Senators. But neither chamber had enough to form a quorum, so all they could do was adjourn until a majority of each chamber arrived. The House of Representatives got that on April 1, and the Senate on April 6. That was the day that they could do the first business – count the electoral votes to choose the President – George Washington. So – he obviously cold not “take office” on March 4. Then he had to be notified, and arrive. But he could not “execute” the office until he took the oath, which he did on April 30, 1789. The oath, as the words require, comes before the “assumption” (i.e. “Execution”) of the office.

Can the web managers in the staff of our Congress not read the beginning word: “Before?” 

The reference to the “Second Congress” was not when they “assumed” Washington “took office;” it was when Congress passed a law that FUTURE presidents would assume office – by taking the oath, as our Constitution requires, on March 4 of every fourth year.  (Later amended to be January 20.). 

The page continues with:

“That the oath the President is required to take might be considered to add anything to the powers of the President, because of his obligation to preserve, protect and defend the Constitution, might appear to be rather a fanciful idea.”

This snide dismissal of the purpose of the oath compounds the arrogant error. The oath does not “add” to the powers. It prohibits any exercise of the powers of office UNTIL the President commits himself to his oath. Until then he has no more authority than anyone else in the crowd or watching on TV.

None of our elected Congressmen wrote that rubbish.  

It was one of the “swamp creatures” – the personnel buried in the endless corridors of our government’s bureaucracies.  They are the ones who do all those things that pretend to wield the authority to inform and rule our lives.  They, on the whole, do not even understand our Constitution.

So what? So, they had to take their oath, too, before going to work. And many of them have no more understanding or commitment to protect and obey OUR Constitution than they show here.

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