Skip to main content

What Part of Your Oath of Office Don't You Understand?

I have been thinking a great deal recently about all of these state immigration bills proliferating around the United States, and the direct affront that many of them are to the U.S. Constitution. I wonder, do you violate your oath of office as an elected official, whether it be at the local or state level, if you advocate for and work to pass a bill that you know is unconstitutional? We are not talking about just advocating for a change of law within the parameters of the Constitution, but rather actively working to subvert the Constitution and Constitutional principles.

For example, a state senate committee from Arizona's state legislature recently approved a bill
. . . that would deny automatic citizenship to the children of illegal immigrants, a measure designed to set up a possible U.S. Supreme Court case on the issue. [...]

Sponsors of the automatic citizenship bill approved by the Senate panel hope it will prompt a court interpretation on an element of the 14th Amendment to the U.S. Constitution, which guarantees citizenship to people born in the country or who are "subject to the jurisdiction" of the U.S.

Consider that in passing this bill, the state senators who voted for this KNEW the bill was unconstitutional, and were hoping the Supreme Court would change the law. They did this despite the oath of office they had taken. When a state legislator in Arizona is sworn in, this is the oath they take:
I, _____________________________do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, that I will bear true faith and allegiance to the same and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of _____________ according to the best of my ability, so help me God (or so I do affirm).
So, by passing a bill, the legislator KNOWS to be unconsitutional, how are they not violating their oath of office, and thus become subject to impeachment?

The same could be said for Georgia legislators who insist on passing legislation that they know has been found unconsitutional in other states. But, in Georgia, the penalty is slightly different:
Georgia law provides that any public officer who willfully and intentionally violates the terms of his oath as prescribed by law shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years. OCGA § 16-10-1.
So, should these anti-immigration pieces of legislation pass as currently written in their unconstitutional state, who is going to prosecute the state legislators? And, then do they not also violate the "rule of law" in our "nation of laws," that they claim to cherish? Perhaps this is all just in the eye of the beholder, but it seems many folks are leaping BEFORE they are thinking. Or, they are just hypocrites.

Comments

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America. The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds. Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups: Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans

Seven Reasons Why the Georgia Legislature Should Repeal HB-87

Recently the Alabama Attorney General called on the Alabama State Legislature to repeal parts of Alabama's horrid anti-immigration law ( HB 56), because of the "unintended" consequences of the bill (frankly, what happened was not unintended). Because of the similarity between the two laws, Georgia's Speaker of the House, David Ralston was asked whether Georgia Legislature would repeal part or all of HB 87, Georgia own anti-immigration law. HB 87 has caused almost a half a billion dollars in damage to the Georgia economy (along with untold suffering in Georgia's immigrant communities) without any noted or reported positive effect. Speaker Ralston plainly stated that the Georgia Legislature would NOT do anything to repeal HB 87 . While it understandable why a politician would not admit that a pet bill he shepherded and pushed through the state legislature was simply bad law, it is also clear that Speaker Ralston is facing a challenge on his RIGHT in th

U.S. Recognizes Five-year Extensions of Venezuelan Passport

Venezuelans received welcome news this last month when the National Assembly published a decree signed by Interim President Juan Guaido on May 21, to extend the validity of Venezuelan passports for an additional five years past their printed date of expiration. The U.S. Department of State issued a  statement ,recognizing this extension for visa issuance and consular process. They also stated that Customs and Border Patrol would recognize this decree. Obtaining a valid Venezuelan passport has been a difficult, if not impossible, task that has been a source of much concern for those seeking visas to the U.S. or have pending applications for immigration benefits. This decree will allow those currently holding a Venezuelan passport that has expired to automatically add 5 years of validity from the expiration date. While this statement can provide much needed assurance, we recommend that Venezuelans who are currently applying for an immigration benefit, including travel to the U.S. w