PRESIDENTIAL OATH OF OFFICE
“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.”
Article II, Section 1, Constitution of the United States. The text is a transcription of the Constitution as it was inscribed by Jacob Shallus on parchment (the document on display in the Rotunda at the National Archives Museum.) The spelling and punctuation reflect the original. www.archives.gov/founding-docs/constitution-transcript
BILL OF RIGHTS (first 10 amendments to the U.S. Constitution), AMENDMENT V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The text is a transcription of the enrolled original of the Joint Resolution of Congress proposing the Bill of Rights, which is on permanent display in the Rotunda at the National Archives Museum. The spelling and punctuation reflects the original. On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. The 1789 Joint Resolution of Congress proposing the amendments is on display in the Rotunda in the National Archives Museum. Ten of the proposed 12 amendments were ratified by three-fourths of the state legislatures on December 15, 1791. The ratified Articles (Articles 3–12) constitute the first 10 amendments of the Constitution, or the U.S. Bill of Rights. In 1992, 203 years after it was proposed, Article 2 was ratified as the 27th Amendment to the Constitution. Article 1 was never ratified.
In reality, “taking the Fifth,” as it’s called, has been extended beyond criminal cases, as clearly exemplified in Trump’s civil suit. Although, because it specifically refers to being “a witness against himself,” it’s difficult to imagine how or why anyone would use it if not guilty. Nevertheless, in Griffin v California, decided in 1965, “[T]he Court struck down a California rule of evidence that allowed the jury in a criminal case to consider as evidence of guilt the defendant’s failure to testify—his silence in the face of the evidence the prosecution had introduced against him. The reasoning was that if the jury could draw a negative inference from the defendant’s silence, this could induce a defendant who preferred not to testify to decide nonetheless to take the stand, at least where the defendant thought that his testimony would be less damaging than his complete silence. While knowing that the jury could draw a negative inference is not being legally ‘compelled’ in the way that being held in contempt is, the Court implied that the true purpose of the Fifth Amendment Privilege is not only to protect a criminal defendant from compelled self-incrimination, but also to ensure that no one is made ‘worse off’ by asserting the Fifth than by not asserting it.” constitutioncenter.org/interactive-constitution/interpretation/amendment-v/clauses/632
That quote is from The National Constitution Center, “which unites America’s leading scholars from diverse legal and philosophical perspectives to explore the text, history, and meaning of the U.S. Constitution.” They sponsor and manage The Interactive Constitution, inaugurated in 2015. “[T]his nonpartisan tool has allowed learners of all ages to engage with the text of the Constitution, discover how experts agree and disagree about its history and meaning, and explore arguments on all sides of the constitutional debates at the center of American life.” I highly recommend this site for exploration about our Constitution. constitutioncenter.org/interactive-constitution/about-the-interactive-constitution
Generally, I try to explore the context and back story of items not front and center in the news. Trump’s, and his son, Eric’s, repeated use of taking the Fifth is so incredibly unprecedented for a former president as to deserve some research. As far as I can determine, no other president, while in office or after, has ‘taken the Fifth.’
Interesting times!