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I do see some merit for this action although I don't think it's all that important when you consider the problems that this nation is facing at the moment. Using the phrase "so help me God" does two things, it makes the assumption that the President who's being sworn in actually believes in God (in Obama's case he does but a future President might not) and it also mixes religion with an important function of our government which seems to be contrary to the separation of church and state. I do think that any official event of such importance as the swearing in of a new President should hold true to the principles of our Constitution and that it should remain neutral in regards to religious beliefs. I realize that the overwhelming majority of Americans would not support changing the long standing tradition of using that phrase but I honestly believe that there is some substance to this lawsuit.
Article II, Section I of the U.S. Constitution dictates what the oath is supposed to say:
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, in Article VI, clause three it states:
The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
So, if I were a Supreme Court Justice sitting on my bench and this thing came across my desk I would probably toss it out the window after using it for toilet paper. Here's why:
There is absolutely nothing in the Constitution that says "under God", "with God", "so help me God", "please, dear God light up the fireworks for the 4th of July", should be said at all. There is no Constitutional ground to complaint other than what someone expects President-elect Obama to do rather than what is dictated to be done.
While the Constitution states that no religious test shall be put forth on a President as a qualification, there is nothing to suggest that this is anything of a test. This is an inauguration.
This lawsuit is actually the equivalent of asking that any particular phrase or sentiment not be added to the end of the oath.
Besides, what constitutes "The Oath"? If, at the end of the Oath, Obama pauses for 20 seconds and then coughs under his breath "So help me God" does that mean that it is with the Oath or after the Oath? What if Obama starts out his speech by saying "So help me God?" Does that constitute it as being part of his Oath?
If we really wanted to make bones out of it and get very highly technical, it would be more prudent to file the lawsuit AFTER Obama says the words "So help me God" rather than before he does. You can't file a lawsuit on what you predict someone to say and I don't even know if it's legal to even ask that a phrase which is not in the Constitution be taken out if it doesn't even exist in the first place!
My opinion is ..We all knew Obama was a Christian, because he said he was.. We elected him as president, knowing that....When asked to swear or affirm to things, most christians will readily choose the bible (I would not, but that is irrelevant here) and it is accepted in a court to either swear on the bible or to affirm to tell the truth..It is up to the individual, if He "swears to uphold the Constitution, So help me God", then I have heard the oath he believes in and I pray he will honor his oath..So be it
If he were an atheist, Jw,etc., or someone as myself who would not want to swear on the bible and chose to affirm to uphold the constitution, I would also trust him to keep his word.. Mountains out of molehills
It's lawsuit mania! Lawsuit mania! Lawsuit mania! I think we should set aside one month when everyone in the nation is obligated to sue someone else. It doesn't matter what you sue them for, just so long as you initiate the lawsuit. Get it out of everyone's system, and maybe things can calm down. Just look at the opening I've given someone out there, allowing myself to be sued for sarcasm!
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