Violating Oath of Office is a Federal Crime

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.

reply to post by Phoenix


Every Republican Who Signed the Norquist Tax Pledge Violated Their Oath of Office

Every one of the Republicans who signed on to serve Norquist swore an oath to serve the Constitution, and thus the American people and the United States government. However, Republicans are hell-bent on dismantling the government to make way for private operations, and their only legal means is reducing revenue to bankrupt America which is precisely why they signed Norquist’s anti-tax and decidedly anti-government pledge.

If you take an oath in a courtroom and lie...you know what happens.

Scale that courtroom up to the scale of America as a whole, and the punishment for lying or breaking an oath ahould be orders of magnetude more severe than lying in just a courtroom.

Treason...in other words.

good points made Phoenix, although i think you're preaching to the choir, i'll bite. we have legislators who think nothing of breaking their oath and nothing gets done about it. obviously the system is broken and or re-worked to benefit the few over the many. where do you see us going from here, do you think anyone has the position to bring charges like these to light and actually get something done?

reply to post by newcovenant


Maybe so.................

But its not just republicans who violate oath and the question asked was why do we as a people let members of each party play a shell game with our rights at stake and do nothing about it.

reply to post by Phoenix


Somehow, sometime ago, we stopped electing "representatives" and started electing "leaders."

We stopped electing "public servants" and started electing people who promised to give us free stuff.

We now vote for the person who is going to give us the most free stuff.

Gimmegimmegimmegimmegimme

Violating the oath of office is the least of their crimes.

But SnF nonetheless.

Originally posted by MysterX
If you take an oath in a courtroom and lie...you know what happens.

Scale that courtroom up to the scale of America as a whole, and the punishment for lying or breaking an oath ahould be orders of magnetude more severe than lying in just a courtroom.

Treason...in other words.

At the minimum it should be grounds for impeachment. If the message was sent loud and clear enough by the people there might be a chance either body would follow the simplest of the laws they take oath to uphold.

Well done! S&F for you!

Answer to your query: Why do Americans allow the politicians to get away with treason, sedition and undermining the Constitution? The answer is quite simple, the majority of Americans are just plain stupid - but it's not their fault. This has been the end game for two generations. Many believed that after WWII the German Reich was destroyed - guess again! The 4th Reich is manifesting right here in the US and the American people , due to their ignorance of history, cannot see it coming.

I have written a great deal about the moronification of the nation. The Communists executed a perfect plan; infiltrate education, propagandize mercilessly, use our freedoms and Constitutional guarantees against us to solidify their place in society and churn out supporters. After 40 years of this they now have nearly 2 generations of Americans who are beholden the Communist principles where "Rights" equal entitlements and hand-outs.

part and parcel to this was the necessity to destroy religion and the family. For from religion and family come strong morals and values which are NOT acceptable in the "Collective". Individualism MUST be destroyed and replaced by Zeigeist. In this they have been monumentally successful. An entire generation of parents, the boomers, were too busy chasing yuppie dreams and spoiling their children to bother paying attention to the cultural shifts around them. They ALLOWED this to happen - enabled it!

Now it is the norm. The vast majority of society is content when Dancing With The Stars is on, there is good Hollywood gossip, the pizza arrives at the door warm and beer in the fridge is cold. They cannot see past their own consumerism and hedonism. When it all comes crashing down the vast majority will look up from their televisions and say, "Huh? What just happened?" And rather than doing the hard thing - fighting back - they will simply shrug and go back to their regularly scheduled program.

Most Americans deserve what is coming to them. Sadly, folks like you and me will suffer the consequences and will persecuted for even trying to enlighten anyone. Truthfully, I am in full gear evaluating where on planet Earth I may be able to move my family to continue enjoying my God-given rights! Time is short and I intend to move quickly.

reply to post by LittleBlackEagle


I believe through media and omission the general public is unaware that there actually is violation of law when legislators use their office to state, stump for, present or vote on obviously unconstitutional bills. Likewise the executive branch has similar code also.

Raising public awareness is a start.

Again matters not which party is favorite - this effects everyone and might be one of the best means of reigning in the abuse without resorting to extremes.

Originally posted by newcovenant
reply to post by Phoenix

 

Every Republican Who Signed the Norquist Tax Pledge Violated Their Oath of Office

Every one of the Republicans who signed on to serve Norquist swore an oath to serve the Constitution, and thus the American people and the United States government. However, Republicans are hell-bent on dismantling the government to make way for private operations, and their only legal means is reducing revenue to bankrupt America which is precisely why they signed Norquist’s anti-tax and decidedly anti-government pledge.

edit on 28-12-2012 by newcovenant because: (no reason given)

Um, you do understand that the "Government" is only permitted to undertake that which is outlined in the Constitution, right? Their powers are specifically enumerated and limited in that one document. You sound a lot like one of those big government supporters I referenced in an earlier post. Please save your tired left/right nonsense for some other political cheerleader.

Now kindly return to your armchair and retire to a nice episode of Dancing With the Stars. The pizza is on it's way. We adults will handle this. Thanks.

Originally posted by beezzer
reply to post by Phoenix

 

Somehow, sometime ago, we stopped electing "representatives" and started electing "leaders."

We stopped electing "public servants" and started electing people who promised to give us free stuff.

We now vote for the person who is going to give us the most free stuff.

Gimmegimmegimmegimmegimme

Violating the oath of office is the least of their crimes.

But SnF nonetheless.

edit on 28-12-2012 by beezzer because: (no reason given)

Being the least of the crimes is maybe a good reason to start there, the mob was taken down by tax law not other more serious charges which had a higher threshold of evidence - just sayin!

Thank you for starting this thread [especially after my thread suggesting Legislation for charges of Censure, Impeachment and Treason, respectively, for sponsoring or co-sponsoring a bill or resolution in Congress that was patently Unconstitutional as arbitrated by a joint congressional constitution committee was Deleted for use of All Caps and Recruiting (?)]. Violating one's oath of office should be illegal but I was attempting to preempt some of the more obvious attacks (esp on the Second Amendment) by stopping legislation from going forward before it has a chance to be treated as the law of the land (under the color of the law) and for the executive branch act on it before the courts have a chance to review the law (which could take years). In addition I was attempting to delineate specific sanctions against Senators and/or Congressmen who would introduce such unconstitutional legislation. S&F.

Did The President Really Say That?

So, if it were possible to prove this, would that count?

reply to post by kozmo


I agree and have also read the manifesto and see it in operation. I have hope that pushed to the wall folks given a non violent way to get those first small steps taken will do so.

Vision in this country seems lost and maybe just maybe something like simply demanding oathes of office be followed is step in the direction needed.

Originally posted by CosmicCitizen
Thank you for starting this thread [especially after my thread suggesting Legislation for charges of Censure, Impeachment and Treason, respectively, for sponsoring or co-sponsoring a bill or resolution in Congress that was patently Unconstitutional as arbitrated by a joint congressional constitution committee was Deleted for use of All Caps and Recruiting (?)]. Violating one's oath of office should be illegal but I was attempting to preempt some of the more obvious attacks (esp on the Second Amendment) by stopping legislation from going forward before it has a chance to be treated as the law of the land (under the color of the law) and for the executive branch act on it before the courts have a chance to review the law (which could take years). In addition I was attempting to delineate specific sanctions against Senators and/or Congressmen who would introduce such unconstitutional legislation. S&F.

Actually it is illegal, not should be. The coming assault on the 2nd is possibly the final nail in the coffin named "individual rights" but the assault on the constitution has been going on more than a hundred year and incrementalism is about to nail those who think "as long as it doesnt change my daily life, who cares"

I agree with your thread. For some reason i can't flag any threads. It's just a black box. So, here's an imaginary flag for you.

reply to post by Trexter Ziam


If true, yes. The executive branch has it oath of office also and I believe my linked text quoted relavent federal code dealing with that.

Again since both major parties are definately guilty of oath violation I want to remind everyone this is not a partisan issue, its one of asking why we do nothing and opening discussion to what if we did do something as simple as uphold those oathes to all politicians no matter the party affiliation.

Part of the discussion may be the shell game set up by the John Marshall court and its theory of "judicial review" it is that theory that allows congrees to pass knowingly unconstitutional legislation in a shotgun fashion and then await the results. Had "judicial review" never been introduced then legislation would quickly land back in congress as intended. So quickly that voters would actuall be able to respond at ballot box while the perpatrator were still in office.

reply to post by Abstruse


Thanks, been trying to think what simple thing can people do that doesnt involve protests, marches, partisanship or other extremes to begin to regain some form of control of destiny - I think this may be a good start.

reply to post by Phoenix


well i agree, awareness is the key. i think and feel though, that awareness will only come as a result of mass deterioration within our society. when enough people can no longer feed, house or care for themselves, then the AWARENESS will kick in and change will happen.

reply to post by Phoenix

Yes I see that it actually is Illegal but when the attacks on the Constitutionally guranteed individual rights have been insidious, stealthy and at times subtle then it is difficult to haul a Senator or Congressman in for violating an oath of office (especially when it is often up to the courts to decide the issue thru judicial review). I was seeking to counter attack the direct attack on the Constitution and especially the Second Amendment as it is the linchpin for all rights.