------- Original Message --------
Subject: The Oath required by the Constitution and Federal Law !!
Date: Thu, 5 Jan 2006 09:24:00 -0600
From: Ervin Swartwoudt erbs@usfamily.net
To: OATH@apfn.org
Article. VI. United States 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, any Thing 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.
The oath of office as required by the sixth article of the Constitution of
the United States, and as provided by section 2 of the act of May 13, 1884
(23 Stat. 22), to be administered to 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. , the
text of which is carried in 5 U.S.C. 3331: (Emphasis added)
TITLE 5 > PART III > Subpart B > CHAPTER 33 > SUBCHAPTER II > § 3331Prev |
Next § 3331. Oath of office
An individual, except the President, elected or appointed to an office of
honor or profit in the civil service or uniformed services, shall take the
following oath: "I, AB, 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." This section
does not affect other oaths required by law.
(such as this one below) (Emphasis added)
TITLE 4, CHAPTER 4--THE STATES
Sec. 101. Oath by members of legislatures and officers
Every member of a State legislature, and every executive and judicial
officer of a State, shall, before he proceeds to execute the duties of his
office, take an oath in the following form, to wit: ``I, A B, do solemnly
swear that I will support the Constitution of the United States.''
TREASON (Treason is a Hanging offense)
Whenever a judge acts where he/she does not have jurisdiction to act, the
judge is engaged in an act or acts of treason. U.S. v. Will, 449 U.S. 200,
216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S.
(6 Wheat) 264, 404, 5 L.Ed 257 (1821).
Therefore, if a judge does not fully comply with the Constitution, then that
judge's orders are void. In re Sawer, 124 U.S. 200 (1888), he/she is without
jurisdiction, and he/she has engaged in an act or acts of treason.
(Emphasis added)
Under Federal law which is applicable to all states, the U.S. Supreme Court
stated that if a court is "without authority, its judgments and orders are
regarded as nullities. They are not voidable, but simply void; and form no
bar to a recovery sought, even prior to a reversal in judgments or
sentences, are considered, in law, as opposition to them. They constitute no
justification; and all persons concerned in executing such trespassers".
Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1878) (Emphasis
added)
"The general rule is that an unconstitutional statute, though having the
form and name of law, is in reality no law, but is wholly void, and
ineffective for any purpose; since unconstitutionality dates from the time
of it's enactment, and not merely from the date of the decision so branding
it. No one is bound to obey an unconstitutional law and no courts are bound
to enforce it." -- 16 Am Jur 2d, Sec. 177, late 2d, Sec 256
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