Sure why not? It doesn't matter. You will have a crap-ton of elected officials afraid to blow their flipping nose without explicit permission, and everyone looking to find violations in their political enemies. Fewer people will be willing to run on account of the price of power. The ones who do are either pure-grade psychopaths and we get to demonstrate our resolve on the death penalty, or actual people who mean to uphold the oath anyway and don't really care so much about the penalty.
The nature of the Constitution says that an elected official has to do something to violate it. There is very little in the way of violation by inaction, and that applies exclusively to the President. Having judges like Sotomykagan simply makes it more likely that they will find mercy rather than a hangman's noose. Because of the nature of the Constitution it would seem hard to unjustly indict an innocent elected person of violating it.
On the other hand, some of my political opponents are adamant and certain that I violated my own oath to the NC State Constitution (Article 1 Sec 5) by introducing 10th Amendment bills in NC in 2011. I happen to disagree, of course.
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