bodhi tree swaying

Marc Randazza, A First Amendment attorney based in Florida, has a pertinent comment about Roberts flubbing the oath of office:

The news outlets are buzzing with criticism of Chief Justice John Roberts for flubbing Obama’s Oath of Office — but the critiques seem to be all about him nervously reversing a few words. These critiques miss the issue.

After he painfully, and tortuously, slogged his way through the Oath of Office, Roberts appeared to add his own little bit to it as he asked the President, “So help you God?”

Article II, Section I of the US Constitution reads, in pertinent part (with “he” referring to the President-elect):

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,

…

At first sight I was a bit perplexed to see that a state law in Illinois requiring a moment of silence in public schools had been nullified by a judge’s ruling. After all, children are so bombarded with stimuli these days that some silence seems just what they need.

But continuing to read the article it turns out that the law is another poorly-disguised attempt to get prayer into schools. According to the judge, the “teacher is required to instruct her pupils, especially in the lower grades, about prayer and its meaning as well as the limitations on their ‘reflection’.”

A state senator commented, “I strongly feel and I still believe that children should have a moment of silence at the beginning of the school day.” The answer then is easy — remove the language requiring teachers to give instruction in prayer, and ensure that …