| that there are traditions that become laws. Have you never heard of "common law marriages"? In may states, if you live with someone (as a spouse, providing support, etc.) long enough you are legally married. I'm not claiming the same for the "traditions" used by the presidents for the oath, but there are legal precedents for "traditions" to become law or have the force of law.
The Presidential Oath of Office does not include "So help me God" but every president has said that.
The swearing is optional, but the oath must be given/taken and "affirmed."
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