Oaths of Office

Our government has many oaths, most of them of the same nature, and the same purpose. Assumption of office is contingent upon these oaths, and these oaths are quite direct and strict in both the actions that may be taken. Who, however, holds the officers to their oath? What do oaths mean? What duties are incumbent upon the statement of an oath?


As the oaths are prerequisite for the office, a part and parcel of the establishment of powers, could it not be argued, and rightfully so, that such oaths, upon violation, abandon all powers of that office, all immunities, all privilege, all works, all writs?

Oaths are proscriptive things, designed, and wrought to establish both the authority of an office, and the duties thereof; they are aspects from another time and place where a man's oath was before God himself, and the oath was considered to be a word of law.

Is there any temporal punishment for an oath? Violation of an oath was considered to be a violation of the sanctity of the office, and cause for removal. It is also a prerequisite of all powers in such an office that such an oath be taken, and held sacred, that no acts or powers thus exercised are in violation of that oath. If the person's oath was to protect a specific thing, to defend a thing, or to preserve a thing, and the person fails, materially and substantially in that oath, then that power of office is also failed. It matters not if the omission is deliberate, or if it is commission of an act that violates the powers of the office, or the oath of office. The effect is the same.

This places a prerequisite upon that oath, that the person supporting the oath know both the aspects of the oath, and the nature thereof.

Let us take the governmental oaths for example.

Title 10, subtitle A, part II, chapter 31, section 502 lays out the oath of enlistment for the military:

§ 502. Enlistment oath: who may administer
(a) Enlistment Oath.— Each person enlisting in an armed force shall take the following oath:
“I, XXXXXXXXXX, 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; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”
(b) Who May Administer.— The oath may be taken before the President, the Vice-President, the Secretary of Defense, any commissioned officer, or any other person designated under regulations prescribed by the Secretary of Defense.

Of importance in any oath is precedence, that is, according to custom the first thing sworn to, unless other precedent phrases override, is the more important. In this case there is actually a hidden double precedent, the oath to the constitution is to the document that establishes the second, therefore, no actions or orders by the president may override that constitution, for it is within that document that his powers are based. All commands by the president must be legal under that constitution, else the powers of his office be forfeit for fraud.

Senator's oath

I 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: So help me God.
Representative's Oath
"I 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. So help me God."

Federal Judicial Oath

"I, _______, 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. So help me God.”
In addition, each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office. Section 8 of the Judiciary Act of 1789, as amended in 1990:  "I, __________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as (name of position) under the Constitution and laws of the United States. So help me God.”

Where is justice? Where is the level, the equality of the laws today?