Posted on 02/26/2024 5:23:41 PM PST by Fester Chugabrew
"I, [public sevant or common citizen] do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter."
This is the text for the oath of office that any citizen of the United States must take before holding public office. It is also assumed that every common citizen would hold the same fealty, even as we demand it from those who enter our country legally.
The late Freeper, cboldt, and I are brothers. He studied law, followed current events, was a patent attorney, and my best friend when it came to putting complicated affairs into layman's terms.
I asked him once whether oaths of office are legally binding. My aim was, as you can imagine, to hold those who take the oath accountable when they violate it.
His answer was, "No."
That, in my opionion, really presents a conundrum. My hope is that any "legal beagles" on FR will respond here and hash out what the implications and truth of this are.
I just do not see why our country should allow anarchists and advocates of abortion hold public office or vote. Their ideals are in direct contradiction of the meaning and intent of our Constitution.
Apparently one can give an oath of office and immediately do “whatever” afterwards as nothing is done to dissuade such.
But honestly, there should be penalties.
Your relationship to God determines the legality of an Oath.
I’m not a lawyer, and I do not play one on TV. But there is already a remedy for those public officials who break their oaths. It’s impeachment. Some states also have a recall option.
It’s a high hurdle to impeach and remove an official on the federal level. I suppose it’s the same in most states. Is it good that the hurdle is so high? I dunno. A decent argument can be made either way.
Full Agreement !!!
Who is one swearing to? Witnesses, God?
What about the Oath of Citizenship? If it’s not binding, then what’s the point?
Sorry for the questions. I don’t mean to hijack.
In the common oath as referenced above, God is not mentioned.
Both theologically and philosophically it is an intriguing situation.
On the one hand the Creator is set forth as the ultimate Authority in our founding documents, but those same documents disallow specificity in that respect.
Normal people have a sense of it, but those seem few in number these days.
What about the oath of military service?
Legally Binding or Not?
Is an oath to tell the truth as a witness in a trial not essentially the same? I think what matters is who is there to hold oath breakers accountable?
Those are good and thoughtful questions. No hijack there.
We live in a fallen world with a battle of consciences, or lack thereof.
Every fallen soul has a hunger for power, and so can easily abuse an oath.
It seems like laws related to perjury would come into play, but DANG. Slick Willie and all that.
The Constitution says oaths and affirmations are binding, per Article 6.
Yup.
If I had a time machine, I’d drag the founders forward to show them what needed to be reworded to not have any “wiggle room” for idiots to pull crap.
One of those things, exactly what Patrick Henry mentioned.
Morally binding is a very different matter
I in no way want to challenge you on that, but politely request you post the pertinent text here so we can review it and thank you for the same.
I have a separate Freepmail pointing to some code as well.
Here is the thing: HOW CAN WE POSSIBLY HAVE PEOPLE HOLDING PUBLIC OFFICE UNDER OUR CONSTITUTION WHO ADVOCATE THE WHOLESALE SLAUGHTER OF OUR CITIZENS?
Not sorry for the shouting.
There is a principle of business of integrity. We can not trust our government.
Legally AND morally binding in my opinion.
That’s my sense of it, but . . . how to parse out the difference between “legal” and “moral.”
As a simple person I would hope the two to be synonymous unless I lived in Nazi Germany.
Similarly, it seems to me that a promise made by a politician, in return for one’s vote, becomes a contract once the vote is cast. If the politician then fails to perform in accordance with his promise, why is that not an actionable breach of contract?
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