Is the presidential oath legally binding?

The official reciting the oath swears an allegiance to uphold the Constitution. The Constitution only specifies an oath of office for the President; however, Article VI of the Constitution states that other officials, including members of Congress, “shall be bound by Oath or Affirmation to support this constitution.”

Who swears US president?

The president takes the oath of office in a formal ceremony, usually in a public place, surrounded by representatives of all three branches of government. The oath has most often been administered by the Chief Justice of the Supreme Court or another judge.

Who becomes president if president elect dies?

The 20th Amendment, Section 3, supersedes the above 12th Amendment provision, by declaring that if the president-elect dies before his term begins, the vice president-elect becomes president on Inauguration Day and serves for the full term to which the president-elect was elected, and also that, if on Inauguration Day.

Can the President refuse to enforce a law?

The President should only refuse to enforce a statutory provision when the courts have already found it unconstitutional. Textually, this position holds that the President’s executive power does not include the power of constitutional review.

What does the president swear to do in his oath?

“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.”

What happens if an elected official violates the Constitution?

In order to comply with the Constitution, Congress has enacted federal laws to execute and enforce this constitutional requirement. The fourth federal law, 18 U.S.C. 1918 provides penalties for violation of oath office described in 5 U.S.C. 7311 which include: (1) removal from office and; (2) confinement or a fine.