Constitution of the United States/Art. II/Sec. 1/Clause 8 Presidential Oath of Office

Constitutional Law Treatise Table of Contents

Constitutional Law Outline

Introduction

The Preamble

Article I Legislative Branch

Art. I, Section 1 Legislative Vesting Clause

Art. I, Section 2 House of Representatives

Art. I, Section 3 Senate

Art. I, Section 4 Congress

Art. I, Section 5 Proceedings

Art. I, Section 6 Rights and Disabilities

Art. I, Section 7 Legislation

Art. I, Section 8 Enumerated Powers

Art. I, Section 9 Powers Denied Congress

Art. I, Section 10 Powers Denied States

Article II Executive Branch

Art. II, Section 1 Function and Selection

Art. II, Section 2 Powers

Art. II, Section 3 Duties

Art. II, Section 4 Impeachment

Article III Judicial Branch

Art. III, Section 1 Vesting Clause

Art. III, Section 2 Justiciability

Art. III, Section 3 Treason

Article IV Relationships Between the States

Art. IV, Section 1 Full Faith and Credit Clause

Art. IV, Section 2 Interstate Comity

Art. IV, Section 3 New States and Federal Property

Art. IV, Section 4 Republican Form of Government

Article V Amending the Constitution

Article VI Supreme Law

Article VII Ratification

First Amendment: Fundamental Freedoms

Religion

Establishment Clause

Free Exercise Clause

Free Speech Clause

Freedom of Association

Second Amendment: Right to Bear Arms

Third Amendment: Quartering Soldiers

Fourth Amendment: Searches and Seizures

Fifth Amendment: Rights of Persons

Sixth Amendment: Rights in Criminal Prosecutions

Seventh Amendment: Civil Trial Rights

Eighth Amendment: Cruel and Unusual Punishment

Ninth Amendment: Unenumerated Rights

Tenth Amendment: Rights Reserved to the States and the People

Eleventh Amendment: Suits Against States

Twelfth Amendment: Election of President

Thirteenth Amendment: Abolition of Slavery

Thirteenth Amend., Section 1 Prohibition on Slavery and Involuntary Servitude

Thirteenth Amend., Section 2 Enforcement

Fourteenth Amendment: Equal Protection and Other Rights

Fourteenth Amend., Section 1 Rights

Fourteenth Amend., Section 2 Apportionment of Representation

Fourteenth Amend., Section 3 Disqualification from Holding Office

Fourteenth Amend., Section 4 Public Debt

Fourteenth Amend., Section 5 Enforcement

Fifteenth Amendment: Right of Citizens to Vote

Fifteenth Amend., Section 1 Right to Vote

Fifteenth Amend., Section 2 Enforcement

Sixteenth Amendment: Income Tax

Seventeenth Amendment: Popular Election of Senators

Eighteenth Amendment: Prohibition of Liquor

Eighteenth Amend., Section 1 Prohibition

Eighteenth Amend., Section 2 Enforcement of Prohibition

Eighteenth Amend., Section 3 Ratification Deadline

Nineteenth Amendment: Women's Suffrage

Twentieth Amendment: Presidential Term and Succession

Twentieth Amend., Section 1 Terms

Twentieth Amend., Section 2 Meetings of Congress

Twentieth Amend., Section 3 Succession

Twentieth Amend., Section 4 Congress and Presidential Succession

Twentieth Amend., Section 5 Effective Date

Twentieth Amend., Section 6 Ratification

Twenty-First Amendment: Repeal of Prohibition

Twenty-First Amend., Section 1 Repeal of Eighteenth Amendment

Twenty-First Amend., Section 2 Importation, Transportation, and Sale of Liquor

Twenty-First Amend., Section 3 Ratification Deadline

Twenty-Second Amendment: Presidential Term Limits

Twenty-Second Amend., Section 1 Limit

Twenty-Second Amend., Section 2 Ratification Deadline

Twenty-Third Amendment: District of Columbia Electors

Twenty-Third Amend., Section 1 Electors

Twenty-Third Amend., Section 2 Enforcement

Twenty-Fourth Amendment: Abolition of Poll Tax

Twenty-Fourth Amend., Section 1 Poll Tax

Twenty-Fourth Amend., Section 2 Enforcement

Twenty-Fifth Amendment: Presidential Vacancy

Twenty-Fifth Amend., Section 1 Presidential Vacancy

Twenty-Fifth Amend., Section 2 Vice President Vacancy

Twenty-Fifth Amend., Section 3 Declaration by President

Twenty-Fifth Amend., Section 4 Declaration by Vice President and Others

Twenty-Sixth Amendment: Reduction of Voting Age

Twenty-Sixth Amend., Section 1 Eighteen Years of Age

Twenty-Sixth Amend., Section 2 Enforcement

Twenty-Seventh Amendment: Congressional Compensation

Article II Executive Branch

Section 1 Function and Selection

Clause 8 Presidential Oath of Office

Oath of Office for the Presidency[edit | edit source]

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,^[1] although he did not take the oath until the following April 30.

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. But in President Andrew Jackson's message announcing his veto of the act renewing the Bank of the United States there is language which suggests that the President has the right to refuse to enforce both statutes and judicial decisions based on his own independent decision that they were unwarranted by the Constitution.^[2] The idea next turned up in a message by President Abraham Lincoln justifying his suspension of the writ of habeas corpus without obtaining congressional authorization.^[3] And counsel to President Andrew Johnson during his impeachment trial adverted to the theory, but only in passing.^[4] Beyond these isolated instances, it does not appear to be seriously contended that the oath adds anything to the President's powers.