5

I was thinking about this idea in relation to Trump and wondering what would happen in January if Chief Justice Roberts actively refused to render the Oath to Trump?

Apparently Wikipedia says "While the Constitution does not mandate that anyone in particular should administer the presidential oath of office..."

I guess it's similar to this question: if the president refuses.

Just curious if there could be a hail mary via the Supreme Court to stop this mess.

  • 6
    I'm not sure what you're looking for other than what the Wikipedia says. if the Chief Justice won't do it, someone else will and it'll be equally valid. – Bobson Jul 29 '16 at 20:46
  • 2
    Calvin Coolidge was sworn in by his father, a Justice of the Peace. – DJohnM Jul 30 '16 at 4:05
  • 7
    "to stop this mess" You would only create a bigger mess by undermining a lawful election process. – eques Nov 22 '16 at 15:23
  • Another point you may be missing is that the oath does not confer the powers of the president. The clock does that. Even if the president never takes the oath, he is still the president. The constitution requires the president to take the oath but it does not say that if he fails to take it there are any consequences – JoelFan Jun 22 at 7:24
15

As you mentioned, the Constitution does not require that the Chief Justice administer the presidential oath of office. Also noted in Wikipedia the oath has been administered at times by a variety of other officials. If the Chief Justice were to refuse (an unlikely event as justices are non-partisan) then a suitable replacement would be found.

| improve this answer | |

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .