NEWDOW et al v. ROBERTS et al

Filing 51

RESPONSE TO ORDER TO SHOW CAUSE by MICHAEL NEWDOW re 42 Order on Motion for Preliminary Injunction,. (Attachments: # 1 Appendix JCCIC 12-17-08 Announcement, # 2 Appendix Hon. R.B. Walton Case Listing, # 3 Appendix Fed Reply in 2001 case, # 4 Appendix Declaration of Michael Newdow, # 5 Appendix Notice of 2005 Inauguration ticket, # 6 Appendix 2003 Library of Congress Query, # 7 Appendix C. Bickford Communication, # 8 Appendix SHMG Myth Perpetuators)(NEWDOW, MICHAEL)

Presidential Inaugurations: Some Precedents and Notable Events

Inaugurations Home Page

APPENDIX H

Inaugurals of Presidents of the United States: Some Precedents and Notable Events
The information below is courtesy of the Architect of the Capitol. It has been compiled by the Office of the Curator from contemporary accounts and other sources in the files of the Architect of the Capitol. Please note that this compilation includes more dates than those listed for this online collection. This document includes any dates in which a president took the Oath of Office before his formal inauguration. April 30, 1789 -- George Washington 1.Oath of office taken out-of-doors. 2.Pronounced the words, "So help me God" after taking the oath; other presidents have followed this example. 3.Set the precedent of kissing the Bible after the oath. 4.Fireworks concluded the day's celebration, all of which was paid for by private citizens. 5.Because of pressing public business, the inaugural ball was held on May 7. The president's wife, Martha, did not make the trip to New York.

March 4, 1793 -- George Washington 1.Shortest inaugural address (135 words).

March 4, 1797 -- John Adams 1.First president to receive the oath from the Chief Justice of the United States (Oliver Ellsworth).

March 4, 1801 -- Thomas Jefferson 1.Began the custom of writing to Congress to accept the inauguration and arrange the time for the ceremonies. 2.The first and probably only president to walk to and from his inaugural. 3.First president to be inaugurated at the Capitol in Washington, D.C. 4.First newspaper extra of an inaugural address, printed by the National Intelligencer.

March 4, 1805 -- Thomas Jefferson
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NARA | Digital Classroom | Teaching With Documents: Inaugural Quiz!

Where Is...? / How Do I...?
March 8, 2005

Inaugural Quiz! Sections
Digital Classroom Main Page Teaching With Documents Conducting Research Locating Publications Growing Professionally Question 4 Where is the oath of office found in the Constitution? Answer The oath of office is found in Article II, section 1, clause 8 of the Constitution, which reads: 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, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." George Washington's first inauguration took place at Federal Hall in New York City, where the first Congress was assembled. [National Archives, Still Pictures Branch, 148-CCD92C]

Resources
History in the Raw The Constitution Community Introductory Activity Document Analysis Worksheets Building a School Archives School Tours and Workshops Education Programs at the Presidential Libraries National History Day EdSiteMent Federal Resources for Educational Excellence Smithsonian Oral History Interviewing Guide Classroom Comments Calendar of Events Search in Digital Classroom

The Presidential Oath of Office was set down in the Constitution by the Founding Fathers during the Constitutional Convention of 1787. The oath originally proposed was much shorter, requiring the President-elect to swear only to "faithfully execute the office of President of the United States." James Madison, a delegate to the Convention from Virginia, believed that the Chief Executive should be bound by oath to support the articles of the Union--the very document the Convention was struggling to create. Along with George Mason, another Virginia delegate, Madison proposed that the President also be made to swear to "preserve, protect and defend the Constitution of the United States." Midway through the Convention, a printed draft of the Constitution as it existed to that point was issued to each delegate. Delegates used them as working documents, filling the margins and other spaces with the changes continually being debated by the Convention. The copy shown here belonged to George Washington, President of the Convention. In article X of this draft, the changes Madison and Mason proposed for the oath of office are seen in the hand of the first person to utter those solemn, enduring words. After taking the oath at his 1789 inaugural, Washington added, "So help me, God." Every subsequent President has also added that phrase. Note: This original document, the printed draft of the Constitution of the United States (page 5), August 6, 1787, annotated by George Washington [Records of the Continental and Confederation Congresses and the Constitutional Convention, RG 360], will be on display in the Rotunda of the National Archives Building in Washington, DC, from January 17 to 26, 1997.

Newdow v. Roberts

Plaintiffs' Response to OSC #1

February 23, 2009

Appendix H

Page 2

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Newdow v. Roberts

Plaintiffs' Response to OSC #1

February 23, 2009

Appendix H

Page 3

Newdow v. Roberts

Plaintiffs' Response to OSC #1

February 23, 2009

Appendix H

Page 4

Presidential Inaugurations Past and Present: A Look at the History Behind the Pomp and Circumstance

Presidential Inaugurations Past and Present: A Look at the History Behind the Pomp and Circumstance

Donald R. Kennon, Chief Historian, United States Capitol Historical Society Foreign Press Center Briefing Washington, DC January 13, 2005

2:00 P.M. EST
Real Audio of Briefing

MR. DENIG: Good afternoon, ladies and gentlemen, and welcome to the Washington Foreign Press Center. Welcome, also, to journalists assembled in our New York Foreign Press Center. As the nation begins to focus on preparing for the presidential inauguration, the 55th in our history, we thought it would be useful to present to our journalists a historical briefing on the inaugurations. And so today we present a briefing on presidential inaugurations, past and present. And we have an expert to talk about that. It's Dr. Donald Kennon, the Chief Historian with the United States Capitol Historical Society. Dr. Kennon will have opening remarks on the history of the inaugurations, and after that, will be very glad to take your questions. Dr. Kennon. DR. KENNON: Well, thank you very much. I thought what I would do would be to just briefly outline the day's events for the inauguration, what takes place; talk a little bit about why we do it the way we do it; and then give you some of my thoughts on what's significant about presidential inaugurations, how they have evolved in the history of our nation, and then take some questions from you, because I know you probably have many questions about the presidential inauguration and how it's handled in our nation.
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Presidential Inaugurations Past and Present: A Look at the History Behind the Pomp and Circumstance

Constitution of the United States." So before he can actually begin to execute his office, he has to take this oath. And the oath is very interesting. What's he swearing allegiance to? He's swearing allegiance to this: To the Constitution. To a written document that provides the blueprint for our form of government. So people can change, policy agendas can change, parties can change, but the structure remains the same. The individuals are interchangeable, but the structure remains the same. And that's what's important.
The oath -- I'll just make a few closing remarks. The oath is usually taken on a bible. George Washington, again, set the tradition of taking an oath of office on the bible in 1789. They had to borrow a bible from a nearby Masonic lodge in order to take that oath and in fact, the so-called Washington Masonic bible has been used on four occasions since that time. And it's here in town at the National Archives on display. I don't know if it's planned to be used at this inaugural or not, but I wouldn't be surprised if it is. Many presidents use a family bible and often borrow the Washington bible to take the oath of office, put their left hand on the bible, raise their right hand, and take the oath. Now, Washington also set a precedent by adding, after he said the oath of office, the words: "So help me, God." Now, if you go on the website of the Presidential Inaugural Committee today, they will give you the text of the oath of office and they say it's as specified in the Constitution. And then they have the text. And then they put the, "So help me, God." [But] "So help me, God" is not in the Constitution. It's not specified. It's something that was added by Washington and has been said by almost every president since then. There have been a couple of occasions when that didn't happen. One was, Franklin Roosevelt in 1933. He simply forgot because he was in such a hurry to get to his inaugural address ­ in 1933, it's his first inauguration, he is facing the Great Depression, and he is anxious to get to his speech where he -- you may recall the famous words -- "The only thing we have to fear is fear itself," -- a plea for unity in the face of the Great Depression. Maybe I'll make just a couple of remarks about inaugural addresses. That's usually been the theme of inaugural addresses -- a plea for national unity. Remember, we're a diverse nation. Many different ethnic groups, many different nationalities, many different religious organizations and groups have coalesced to create this nation, so the challenge of our governing system is to bring unity out of this diversity. And so many of the presidential inaugurations have been pleas for unity. Thomas Jefferson, in that 1801 Inaugural Address -- remember I spoke about how there was the fear that there might be another revolution -- in fact, let me just cite a little bit of that Inaugural Address. He said, "Let us then, fellow citizens, unite with one heart and one mind. Every difference of opinion is not a difference of principle. We have called by different names brethren of the same principle. We are all Republicans. We are all Federalists." So he was saying that, as Americans, as citizens of the United States, we have more in common than we have in difference.
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EDSITEment - Lesson Plan

I Do Solemnly Swear: Presidential Inaugurations
Introduction
Thomas Jefferson walked to his first inaugural. When it was over, he returned to his boardinghouse for dinner. All the seats were filled. Andrew Jackson, having opened the White House to the public--in keeping with a tradition started by Jefferson--was forced to escape a rowdy mob of well-wishers by climbing out the window. Ronald Reagan took the oath of office privately on the twentieth of January, holding the public ceremony the following day, due to a conflict with the Super Bowl. Presidential inaugurations have been solemn ceremonies and uninhibited celebrations. They are carefully scripted and they are unpredictable. They reflect tradition and they reflect the moment. Help your students reflect on what the Presidential inauguration has become and what it has been, while they meet a host of memorable historical figures and uncover a sense of America's past through archival materials.

Subject Areas
Art and Culture Visual Arts History and Social Studies U.S. History - Civics and U.S. Government U.S. History - Other Literature and Language Arts Poetry

Learning Objectives
After completing the lessons in this unit, students will be able to:
q

Time Required
One to two class periods for each of five lessons

Skills
primary document analysis critical thinking collaboration brainstorming information gathering summarizing analysis
q

q q q

Summarize the Constitutional requirements for inaugurations and the oath of office. Identify at least three historical examples of inaugural exceptions or precedents. List other activities that occur at inaugurations. Describe the purpose of an inauguration. State an opinion about what they believe should happen at an inauguration.

Additional Data
Date Created: 05/21/02 Send us feedback about this lesson

Guiding Question:
What is required by the Constitution to occur at a presidential inauguration? What other events occur/have occurred at inaugurations?

Preparing to Teach this Lesson
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EDSITEment - Lesson Plan

Review the lesson plan. Select a variety of archival materials from the various lessons to use in discussions of Presidential inaugurals. Bookmark them if practical. Download and print the archival documents you select and duplicate copies of each for viewing by students. In an inaugural year, you can coordinate the teaching of this unit with current events. If you use the lessons in the week prior to the inauguration, then, immediately after the inauguration, students can look in the media for examples of the events discussed. Another approach would be to begin the unit the day after the inauguration. Have volunteers bring in news clippings the day after the inauguration. Sharing these would replace the first activity in the first lesson. The Digital Classroom offers a series of worksheets for analyzing primary source documents, including written documents and photographs, that you may wish to use or adapt to help students in reviewing the materials presented in this unit.

Suggested Activities
Lesson 1: Swearing-In Lesson 2: Swearing-In Musts Lesson 3: Sometimes It's Okay to Swear (or at Least to Affirm): The Oath of Office Lesson 4: Giving the Oath / Taking the Oath Lesson 5: Celebrate! Extending the Lesson Lesson 1 Swearing-In Every inauguration is a pivotal event, showcasing the orderly transition of power in our democracy. But, what is actually required to happen at a presidential inauguration? Share with the class the photo "President-elect Nixon taking the oath of office as President of the United States," accessible by a search for the title in the EDSITEment resource Digital Classroom. Identify President Nixon. Ask the class what he is doing. Has anyone in the class had to take an oath (such as the Girl or Boy Scout promise)? What did the oath say? Why take an oath anyway? The administration of the presidential oath is a very important event. The lessons in this unit are designed to help students understand the origin of the events that take place at a presidential inauguration. Share with the class the digital copy of Jefferson's letter of March 2, 1801 concerning the inauguration, found in the EDSITEment resource American Memory in the Thomas Jefferson Papers Series 1. General Correspondence. 1651-1827. The letter reads: Sir: I beg leave through you to inform the honorable the House of Representatives of the United States that I shall take the oath which the Constitution prescribes to the President of the United States before he enters on the execution of his office, on Wednesday the 4th, inst. at twelve o'clock in the Senate Chambers. The motion of the Senate made in response reads: The President, elect, of the United States having informed the Senate that he proposes to take the oath which the Constitution prescribes to the President of the United States before he H enters on the execution of Plaintiffs' Response to OSC #1 February 23, 2009 Appendix Page 8

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EDSITEment - Lesson Plan

his office, on Wednesday the 4th, instant at twelve o'clock in the Senate Chambers: Ordered, that the Secretary communicate that information to the House of Representatives that seats be provided for such members of the House of Representatives and such of the public Ministers as may think it proper to attend and that the Gallery be opened to the citizens of the United States. What can students learn about Jefferson's swearing-in ceremony from the letter and the motion? Now hav