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Originally published Friday, January 18, 2013 at 6:33 PM

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Monday’s inauguration is for show; real oath comes Sunday

For a man elected to only two terms, President Obama’s staged recitation Monday will mark the fourth time he’s sworn the presidential oath. It turns out that some oaths mean more than others.

McClatchy Newspapers

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WASHINGTON — When President Obama takes the oath of office Monday, he’ll already be 24 hours into his second term.

He’s first taking the oath in private Sunday, Jan. 20, the date the Constitution says one presidential term ends and another begins. The second oath is show business, with theatrical props that include a stack of two Bibles: one used by Abraham Lincoln and one used by the Rev. Martin Luther King Jr.

For a man elected to only two terms, Obama’s staged recitation Monday will mark the fourth time he’s sworn the presidential oath. It turns out that some oaths mean more than others, even when the words sound the same.

“For most people, they assume it’s all ceremonial, and about the trappings of the office,” said Bruce Peabody, an associate professor of political science at Fairleigh Dickinson University, in Teaneck, N.J. “But very few people understand its legal significance.”

Article II of the Constitution, spells out the 35-word oath to be taken by the president:

“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.”

George Washington added, “So help me God.” It’s been tradition ever since.

The Constitution further says the president will take this oath “before he enter on the Execution of his Office.”

But that’s not all the Constitution says about a new president. Here’s where it can get confusing.

The 20th Amendment, ratified in 1933, adds that the “terms of the President and the Vice President shall end at noon on the 20th day of January ... and the terms of their successors shall then begin.”

A new president’s term thus begins automatically at, say, one second past noon on Jan. 20. The new president doesn’t have to say a thing. It just happens, courtesy of the Constitution. The Constitution seemingly also requires the oath before the presidential powers are exercised.

“It’s possible to read Article II to still require the oath as a prerequisite for the president to execute the office of the presidency,” Cornell Law School professor Michael Dorf said, “but it’s also possible to read the 20th Amendment as converting the oath into a merely ceremonial exercise.”

Careful readers of the Constitution pinpoint the problems that could arise. Imagine what would happen if Obama took a long afternoon stroll Jan. 20 without having first taken the oath needed to “enter on the Execution of his Office.”

He’s still president — that happened at noon — but can he order drone strikes or nominate ambassadors?

The question isn’t entirely fanciful. In 2009, Obama and Chief Justice John Roberts stumbled during the Jan. 20 oath taking. At least one word was said out of sequence, and the result proved confusing enough that the two men repeated the oath the next day.

“Are you ready to take the oath?” Roberts asked Obama at the second go-round at the White House.

“I am,” Obama said, “and we’re going to do it very slowly.”

White House attorneys said at the time that they wanted the oath repeated out of “an abundance of caution.” Peabody suggested the caution was well-placed, noting “a case could be made that no formal constitutional powers exist” until the correct oath is taken.

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