Preserve, protect and defend

Earlier this morning I Twittered the following:

"I have to admit I kind of stopped listening when Obama botched his first task as President...ie. reciting the Oath of his Office."

The media has blamed the odd moment on the Chief Justice's lack of notes. Note: I did hear the Oath again and it does seem as though Chief Justice Roberts bears the greater burden of error.

Regardless the Oath of Office is actually very important and shame on whoever didn't practice it and have it memorized. But why is it such a big deal? Well the fact that we even have to ask just further underscores the need for greater civc education in this country but we'll leave that for another time. For now though just why is the oath so important?

To understand the importance of the oath I would make two key points. Number one, the Presidential Oath of Office is the most specific clause in the Constitution. Indeed the framers eventually felt strongly enough to spell out the exact wording for such an oath in the body of our most sacred document. Number two is the wording of the oath itself:

"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."

The importance of the wording here cannot be stated firmly enough. It is extremely important to understand here that the Presidential Oath of Office is not an oath to the American people, but to their Constitution. The oath doesn't pledge defense of the American people but rather defense of the Constitution. I cannot state firmly enough the strength of my belief that these are two completely different things that are often at odds.

For the last eight years the Democrats have been depressingly willing to accept the premise of the Republican's assertions. Nowhere, and more alarmingly, has this been more true than when it comes to the number one priority of the president. Former (man that's great) President Bush and his party have been allowed to corrupt and contort things to the point where we have come to accept the idea that the "number one priority of the president is to protect the American people." Sadly Democrats right up to and including our new president have been all to willing to accept this assertion by President Bush. However the reality could not possibly be further from the truth.

The most important and scared responsibility of the president is to, as the sacred oath prescribes, "preserve, protect, and defend the Constitution of the United States." The Constitution not the people this may seem like a subtle or unimportant distinction but that could not be further form the truth. So what exactly happens we have a president who isn't quite clear on this distinction? Why does it matter anyways? Let's examine.

Just what exactly is the harm in starting with the premise that your highest responsibility is to defend the American people as opposed to the Constitution? It seems like a laudable goal right? Well what you end up with under this system are things like Patriot Acts, warrant less wiretapping, domestic spying, "enhanced interrogation techniques" aka torture, Gitmo, Au Bu Ghraib, a politicized department of justice, the list goes on and on, and sadly, on. All of these things might be, arguably, just in the name of protecting America and Americans however they are a stark unequivocal violation of the Constitution.

It now falls to Mr. Obama to uphold the oath of office he took this morning. Part of upholding that oath is going to mean making sure that no one is above the law and that those who violate the law are brought to justice. Mr. Obama is going to have to come to the, perhaps hard for him, realization that this must include members of the previous administration up to and including the former president and vice president. Mr. Obama has been fairly cagy on his intentions in this regard he has expressed several times a desire to "look forward."

This desire is perhaps commendable however in his own speech Barack Obama said the following:

To those who cling to power through corruption and deceit and the silencing of dissent, know that you are on the wrong side of history; but that we will extend a hand if you are willing to unclench your fist.

The question before America, the world, and Mr. Obama now is whether or not this assertion will apply to a certain member of a previous administration. Anything less than at the very least an investigation by the Obama Department of Justice in my opinion would represent a violation of the oath Mr. Obama managed to, eventually, recite this morning.

It is my hope now that as Mr. Obama steps through the door to the Oval office for the first time his mind turns to the oath he took and that he will always remember there is a stark difference between defending the American people and defending their Constitution. However if he dedicates himself to the latter he will indeed accomplish the former. If he dedicates himself to that goal then today will not just be an historic day but indeed the beginning of a truly historic administration.

Best of luck Mr. Obama and remember those sacred words,

"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."