The recent years since 9/11 have proven our elected representatives have little to no interest in presenting or passing legislation that passes
constitutional muster. A myriad of laws such as Patriot Act, GM takeover, NDAA, Bankster bailouts, Operating government without formal budget,
mandated Healthcare and coming legislative assaults on second amendment all point to an out of control nearly, if not actually, tyranical government
our founders never intended but clearly warned us about.
In other threads I have touched on the subject of the oath of office and find its treated as just words to be said but no one holds those taking the
oath responsible so I thought it a good topic for discussion especially since violating the oath is codified as a violation of federal law and
executive order.
The oath taken by both houses of Congress reads,
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
Congressional Oath of Office
It is apparent that the section of the oath that seems almost daily violated by politicians is "I will bear true faith and allegience to the same;
that I take this obligation freely, without reservation or purpose of evasion;"
The congress as a whole along with the executive branch has been knowingly presenting legislation contrary to the constitution and then relying on
legal challenges to make it to supreme court for final disposition, that folks is still a violation of the oath taken no matter the lawyeristic
manuever of passing legislation as constitutional and waiting for a challenge. If these were your children you would immediately scold for exceeding
limits by their hope of getting away with trouble but suffering consequences for only the most egregious just by sheer quantity, its evasive both by
congress and by children, both should be accountable.
Below is the most detailed listing of codes covering the subject of congressional oath and pealties for violation,
Federal law regulating oath of office by government officials is divided into four parts along with an executive order which further defines the
law for purposes of enforcement. 5 U.S.C. 3331, provides the text of the actual oath of office members of Congress are required to take before
assuming office. 5 U.S.C. 3333 requires members of Congress sign an affidavit that they have taken the oath of office required by 5 U.S.C. 3331 and
have not or will not violate that oath of office during their tenure of office as defined by the third part of the law, 5 U.S.C. 7311 which explicitly
makes it a federal criminal offense (and a violation of oath of office) for anyone employed in the United States Government (including members of
Congress) to “advocate the overthrow of our constitutional form of government”. The fourth federal law, 18 U.S.C. 1918 provides penalties for
violation of oath office described in 5 U.S.C. 7311 which include: (1) removal from office and; (2) confinement or a fine.
The definition of “advocate” is further specified in Executive Order 10450 which for the purposes of enforcement supplements 5 U.S.C. 7311.
One provision of Executive Order 10450 specifies it is a violation of 5 U.S.C. 7311 for any person taking the oath of office to advocate “the
alteration ... of the form of the government of the United States by unconstitutional means.” Our form of government is defined by the Constitution
of the United States. It can only be “altered” by constitutional amendment. Thus, according to Executive Order 10450 (and therefore 5 U.S. 7311)
any act taken by government officials who have taken the oath of office prescribed by 5 U.S.C. 3331which alters the form of government other by
amendment, is a criminal violation of the 5 U.S.C. 7311.
Violating Oath
The subject I am bringing to the table is "why do the American people allow their representatives to break oath of office (a federal crime) and not
hold them accountable?
This should be a non-partisan subject simply due to the fact this has been going on for long decades and both parties are guilty according to the
law.
I have myself watched a slow and steady deterioration of personal freedom going on fourty years and the accumulation is IMHO about to reach a tipping
point where those hard fought rights become meaningless.
The scales could be tipped back somewhat if the public had awareness that the oath has teeth and voiced expectation that it be taken seriously.
