Friday, April 14, 2006

What does an oath mean?

WorldNetDaily: Elected official refuses oath:
"I do solemnly swear (or affirm) that I will support, protect and defend the Constitution, and Government of the United States and of the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same and that I am entitled to hold office under the Constitution and that I will faithfully perform all the duties of the office of village council on which I am about to enter so help me God."

That is the rather long-winded oath required of councilors in Tequesta, Florida. A former member of the council who has recently been elected to a new term has decided he cannot take the oath again - he claims it forces him to support the US government's current war policy in Iraq!

Being a lawyer, Basil E. Dalack filed a federal lawsuit citing the First Amendment and demanding the wording be changed and trying to stop the swearing in ceremony for the entire Village Council. The judge denied the injunction, but the suit goes on.

It is not clear to me whether the US Constitution requires these councilors to be bound on oath or affirmation to support the Constitution. Article VI, Section 3 clearly requires even the lowliest executive and judicial officers to be bound but doesn't mention legislators except for the Congress and state legislatures.

Even so, the village might do well to consider more closely following the oath prescribed for the president of the US in Article II, Section 1, Subsection 7: "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."

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