“I Do Solemnly Swear ... ”

A historic oath that suddenly means nothing

An artist engraving of George Washington’s first inauguration (credit: Getty Images)

The quadrennial celebration of our democracy, the inauguration of an incoming president, should instill pride in every American. But come Monday many will see more farce than fanfare.

One week from today, January 20, 2025, at precisely 12 noon, the peaceful transfer of power will occur in Washington, D.C., when Chief Justice John Roberts reads and Donald Trump repeats these 35 words:

“I do solemnly swear 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 Presidential Oath of Office can be found in Article II, Section I, Clause 8 of the Constitution. These exact words have been spoken by every president since George Washington nearly 236 years ago.

The Constitution requires no elaborate ceremony, no parade, bands, or balls. It requires only a pledge by the incoming president to uphold the founding principles of our nation. In this case, that “pledge” will be made by a man who incited an insurrection against those very principles, and who has repeatedly said he will cherry-pick which constitutional principles to uphold.

The idea that Trump will once again be the guardian of our democracy is no doubt weighing on many of the 75 million Americans who didn’t vote for him and perhaps some who did.

The brief proceeding will begin with sharp irony as Chief Justice Roberts, whose Supreme Court has given the president immunity to act as he pleases, reads the oath. It will end with the absurdity of Trump responding that he will in fact preserve, protect, and defend a document that he has openly ridiculed. To wit:

The Constitution prescribes that Cabinet officers must be confirmed with the “advice and consent” of the Senate. Trump has said he wants to bypass the confirmation process in favor of recess appointments, meaning no congressional oversight.

The Foreign Emoluments Clause of the Constitution forbids the president from accepting money from foreign governments. According to a congressional investigation, Trump took in millions from other countries during his first term at his various properties.

Don’t forget the disqualification clause in the 14th Amendment that forbids former federal officials from seeking office if they’ve taken part in an insurrection. Trump dodged that one after the Supreme Court tossed the case.

Our founding document states that the president cannot repurpose money already approved by Congress. During his first term, Trump moved money appropriated for the military to build his border wall.

The Constitution guarantees freedom of speech, which includes the right to openly criticize those with whom we don’t agree. Trump, who famously holds grudges against those who challenge him, does not interpret the First Amendment that way. For him, freedom of speech is reserved for those who support him. If you don’t, look out. Especially if you are a journalist. The First Amendment states that Congress shall make no law that restricts freedom of the press. Trump has talked of jailing journalists and revoking broadcast licenses.

Then there is the freedom of assembly, such as the right to protest without fear of intimidation. Trump threatened to use the military to quell demonstrations after George Floyd was murdered.

How about the right to fair trial? That’s found in the Sixth Amendment. Trump has repeatedly said he will seek revenge against his perceived political opponents. Jack Smith, Liz Cheney, and others will need preemptive pardons or good lawyers.

The Constitution contains no laws, just the framework to make laws. It establishes three independent branches of government, each with its own powers, responsibilities, and checks on the powers of the other branches. For the next two years (at least), Trump will have control of both houses of a MAGA-led Congress that has not been shy in doing his bidding, even before he has taken the oath of office.

These are all provisions laid out in the Constitution. What about the norms that almost all preceding presidents have followed? Those we should be even more worried about.

The independence of the attorney general and choosing not to weaponize the Department of Justice to pursue a political agenda aren’t written anywhere and therefore not enforceable. They depend on the character of the president.

Let’s also not forget a federal judiciary stocked with Trump appointees, many of whom regularly hand down political-inspired decisions to benefit the president-elect. Trump’s classified documents case was dismissed by a judge he appointed.

The pomp and pageantry of our presidential inaugurations has always been emotional for me. After observing so much repression around the world, I was always proud to witness a peaceful and democratic transition of power here at home. That all changed four years ago when Trump incited a mob to overturn the election results, an action for which he will likely never be held accountable.

A reminder: The 22nd Amendment states that a president can serve only two terms. Trump has made noises about ignoring this stipulation, saying that because his terms were not consecutive, he can run again. That argument is meritless. The Constitution is clear.

Time to renew our hopes and prayers that our Constitution and our country survive a second and final Trump term.

To support my team’s efforts to protect our democracy through the power of independent journalism, please consider joining as a paid subscriber. It keeps Steady sustainable and accessible for all. Thank you.

No matter how you subscribe, I thank you for reading.

Stay Steady,

Dan