Will (Another) Lawsuit Question Obama’s Presidential Legitimacy? (Updated)


Updated: 1/22/o9:  No worries, folks.  He had a do-over.  Now it’s just back to the citizenship ‘questions’.  And, interestingly enough, Presidents Chester A. Arthur and Calvin Coolidge had to repeat theirs, as well.

Article II, Section I, Clause 8 of the U.S. Constitution states:

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.”

Chief Justice of the U.S. Supreme Court John Roberts’ errors during the inauguration (transposing the word ‘faithfully’ to the end of the phrase) could bring about another lawsuit against Barack Obama. 

It is an easy fix (a quick oath done correctly is the suggestion of several constitutional lawyers), but if it came to fruition, such a case would have the potential to question all of Obama’s acts as being done by a man that had not constitutionally ascended to the office.

If you don’t believe that anyone would waste their time with this, then look no further than the lawsuits against both candidates before the election.  

Multiple suits were filed disputing Obama’s birth certificate from Hawaii, claiming that it was either forged or uncertified.  There is an entire website, obamacrimes.com, which furthers the claim that Obama was actually born in Kenya.  Even though there have been cases that have been rejected by the Supreme Court, those filing have promised not to give up the fight.

John McCain was born in the Panama Canal Zone, which made some contend that he wasn’t a natural-born citizen of the United States.  McCain claimed that it was easily dismissible because Barry Goldwater, who was born in the Arizona Territory, was also found to be eligible for the Presidency.  And he was right, as the case filed against him in California was easily dismissed.  Further information about other cases similar to McCain’s can be found at this New York Times article.


  • The oath of office provides the incoming President with the choice of using the word ‘swear’ or the word ‘affirm.’  The only President to choose ‘affirm’ was Franklin Pierce, who also swore upon a law book instead of a Bible.
  • One of the lawsuits against Obama was filed in my home state of Washington by a man from Fall City.
  • Obama is the first president to be sworn in by a Chief Justice that he voted against in the Senate.


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