How To Use Nonfinite In A Sentence

In both cases, a nonfinite clause requires a finite clause to resolve the inexplicitness. On non-ambiguities
Examples of this kind need to be discussed with reference to the distinction between finite and nonfinite. Archive 2008-03-01
This means that there is always the possibility of grammatical ambiguity whenever a nonfinite clause is used. On non-ambiguities
And be able to came to fill the gap of expressing ability whenever a nonfinite construction required it: one says to be able to talk, not to can talk. On "can be able to"
Pullum explains in precise and formal terms: "In English you can take not only an adjunct but also a predicative complement or a nonfinite catenative complement and prepose them pop them at the front of the clause for a special effect. Archive 2008-02-01

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A lovely fact about English is that the subjects of nonfinite verbs are in the objective case ``I don't like him saying that.'' So maybe Chief Justice Roberts was instinctively editing and "improving" the wording of the constitutional oath.
In this case the modal auxiliary carries the tense, aspect and person; therefore, the verb that follows should be in its bare infinite, nonfinite form.