Oath of
Office in the State of California
Compiled by
KeepAndBearArms.com with the help
of friends, including: Jeff Rau, Dave Henderson, Ed Apple, Thomas Erskine, Rich
Henderson, Albert Castagnola, Anna Pendland and Angel Shamaya
He who cheats on an oath
acknowledges that he is afraid of his enemy, and he thinks little of God. ~~
Plutarch
If you are a
public servant in the State of California or any city, town, county or municipality
thereof and are not abiding by your oath of office, you are operating outside
the law. At least two generations of political and social pressures have urged
disregard of certain of your most important legal duties, and the time has come
to say enough is enough. Below are Federal and state laws and statutes by which
you MUST abide.
The California Constitution's Requirement to take the Oath of Office
Article 20, Section 3
CALIFORNIA CONSTITUTION
ARTICLE 20 MISCELLANEOUS SUBJECTS
SEC. 3. Members of the Legislature, and all public
officers and employees, executive, legislative, and judicial, except such
inferior
officers and employees as may be by law exempted, shall, before they enter upon
the duties of their respective offices, take and
subscribe the following oath or affirmation: (See Below)
Source: http://www.leginfo.ca.gov/.const/.article_20
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The
Actual Oath of Office Public Servants in California are Required to Take
Article 20, Section 3
CALIFORNIA CONSTITUTION
ARTICLE 20 MISCELLANEOUS SUBJECTS
SEC. 3. (requirement stated above)
"I, ______, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the Constitution
of the State of California against all enemies, foreign and domestic; that I
will bear true faith and allegiance to the Constitution of the United States
and the Constitution of the State of California; that I take this obligation
freely, without any mental reservation or purpose of evasion; and that I will
well and faithfully discharge the duties upon which I am about to enter.
"And I do further swear (or affirm) that I do not
advocate, nor am I a member of any party or organization, political or otherwise,
that now advocates the overthrow of the Government of the United States or of
the State of California by force or violence or other unlawful means; that
within the five years immediately preceding the taking of this oath (or
affirmation) I have not been a member of any party or organization, political
or otherwise, that advocated the overthrow of the Government of the United
States or of the State of California by force or violence or other unlawful
means except as follows:
________________________________________________________________
(If no affiliations, write in the words "No Exceptions") and that
during such time as I hold the office of ______________
________________________________ I will not advocate nor become (name of
office) a member of any party or organization, political or otherwise, that
advocates the overthrow of the Government of the United States or of the State
of California by force or violence or other unlawful means."
And no other oath, declaration, or test, shall be required
as a qualification for any public office or employment.
"Public officer and employee" includes every
officer and employee of the State, including the University of California,
every county,
city, city and county, district, and authority, including any department,
division, bureau, board, commission, agency, or instrumentality of any of the
foregoing.
Source: http://www.leginfo.ca.gov/.const/.article_20
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California Constitution on the
right to keep and bear arms (defending life and liberty, protecting property,
pursuing and obtaining safety, happiness, privacy)
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SECTION 1. All people are by nature free and independent
and have inalienable rights. Among these are enjoying and defending life
and liberty, acquiring, possessing, and protecting property, and pursuing and
obtaining safety, happiness, and privacy.
Source: http://www.leginfo.ca.gov/.const/.article_1
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U.S.
Constitution on the right to keep and bear arms
"A well-regulated Militia,
being necessary to the security of a free State, the right of the people to
keep and bear Arms, shall not be infringed."
Source: Bill of Rights, Second
Amendment (ratified 1791, and still the Law of the Land)
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The
Constitution Comes Before Statutes, Edicts, Ordinances, Rules or Regulations
Article VI, U.S. Constitution
This Constitution, and the laws of the United
States which shall be made in pursuance thereof; and all treaties made, or which
shall be made, under the authority of the United States, shall be the supreme
law of the land; and the judges in every state shall be bound thereby, anything
in the Constitution or laws of any State to the contrary notwithstanding.
The Senators and Representatives before
mentioned, and the members of the several state legislatures, and all executive
and judicial officers, both of the United States and of the several states,
shall be bound by oath or affirmation, to support this Constitution; but no
religious test shall ever be required as a qualification to any office or public
trust under the United States.
From Law.Cornell.Edu:
"This means that state
governments and officials cannot take actions or pass laws that interfere with
the Constitution, laws passed by Congress, or treaties. The Constitution was
interpreted, in 1819, as giving the Supreme Court the power to invalidate any
state actions that interfere with the Constitution and the laws and treaties
passed pursuant to it. That power is not itself explicitly set out in the
Constitution but was declared to exist by the Supreme Court in the decision of
McCulloch
v. Maryland."
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CIVIL RIGHTS ACT
42 U.S.C. Chapter 21
SUBCHAPTER I--GENERALLY
Every person who, under color of any statute,
ordinance, regulation, custom, or usage, of any State or Territory or the
District of Columbia, subjects, or causes to be subjected, any citizen of the
United States or other person within the jurisdiction thereof to the deprivation
of any rights, privileges, or immunities secured by the Constitution and laws,
shall be liable to the party injured in an action at law, suit in equity, or
other proper proceeding for redress. For the purposes of this section, any Act
of Congress applicable exclusively to the District of Columbia shall be
considered to be a statute of the District of Columbia.
(R.S. Sec. 1979; Pub. L. 96-170, Sec. 1, Dec.
29, 1979, 93 Stat. 1284.)
Source: For date law was enacted,
history of law, amendments (slight, and very much intact in spirit), go here: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+42USC1983
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PUBLIC LAW 96-303
CODE OF ETHICS FOR GOVERNMENT SERVICE (signed into law on July 3, 1980)
ANY PERSON IN GOVERNMENT SERVICE SHOULD:
I. Put loyalty to the highest moral principles and to country above loyalty
to persons, party, or Government department.
II. Uphold the Constitution, laws, and regulations of the United States and
of all governments therein and never be a party to their evasion.
III. Give a full day's labor for a full day's pay; giving earnest effort and
best thought to the performance of duties.
IV. Seek to find and employ more efficient and economical ways of getting
tasks accomplished.
V. Never discriminate unfairly by the dispensing of special favors or
VI. Make no private promises of any kind binding upon the duties of office,
since a Government employee has no private word which can be binding on public
duty.
VII. Engage in no business with the Government, either directly or
indirectly, which is inconsistent with the conscientious performance of
governmental duties.
VIII. Never use any information gained confidentially in the performance of
government duties as a means for making private profit.
IX. Expose corruption wherever discovered.
X. Uphold these principles, ever conscious that public office is a public
trust.
DECA Poster 80-3, Feb 94
When this law was passed, it included a requirement for posting the above
in government facilities. That requirement was later repealed. (Source
1, Source
2) But the law itself is still very much a LAW.
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U.S. State Constitutions
State
Constitutions on the Right to Keep And Bear Arms
California Constitution
http://www.leginfo.ca.gov/const.html
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