Constitution: President’s oath describes minimum requirements, Justice Scalia explains remedy for failure

The Constitution of the United States

Article. II.

Section. 1.

Before he {the President} 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.”

Supreme Court Justice Scalia explained in his dissenting opinion published in June of 2013 Congress’ remedy when the President fails to fulfill the duties required of the President of United States:

. . . the Congress, which has innumerable means (up to and including impeachment) 

of compelling the President to enforce the laws it has written.”

SUPREME COURT OF THE UNITED STATES
No. 12–307
UNITED STATES, PETITIONER v. EDITH SCHLAIN
WINDSOR, IN HER CAPACITY AS EXECUTOR OF THE
ESTATE OF THEA CLARA SPYER, ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE SECOND CIRCUIT
[June 26, 2013]
JUSTICE SCALIA, with whom JUSTICE THOMAS joins,and with whom THE CHIEF JUSTICE joins as to Part I,dissenting.

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