UNDERSTANDING THE OATH OF OFFICE
Understanding the law(s) and the requirements on the “Oath of Office”. A.k.a; the Office of Public Trust. Why it is important that we understand the required “Oath” and hold those accountable that will infringe on any of the “Bill of Rights”.
All governmental officers, Federal and State officers are only official when they are acting under Art. 6 Sec. 3 of the Constitution for the United States of Amercia.
All official Federal governmental officers are acting under color of law and color of office if they hold an office under 5 U.S.C. Sec. 3331.
Sec. 3331. Oath of office
Statute
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.
After taking the required oath, before they enter upon the duties of their respective offices, that person is now an official (federal government). The same person that has taken the required oath is now acting under Color of Law and Color of Office.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 93 - PUBLIC OFFICERS AND EMPLOYEES
No Judge Oath - Judge's Decision Void
http://www.northcountrygazette.org/articles/050706VoidDecision.html
Section 1918. Disloyalty and asserting the right to strike against the Government
Whoever violates the provision of section 7311 of title 5 that an
individual may not accept or hold a position in the Government of
the United States or the government of the District of Columbia if
he -
(1) advocates the overthrow of our constitutional form of
government;
(2) is a member of an organization that he knows advocates the
overthrow of our constitutional form of government;
(3) participates in a strike, or asserts the right to strike,
against the Government of the United States or the government of
the District of Columbia; or
(4) is a member of an organization of employees of the
Government of the United States or of individuals employed by the
government of the District of Columbia that he knows asserts the
right to strike against the Government of the United States or
the government of the District of Columbia;
shall be fined under this title or imprisoned not more than one
year and a day, or both.
Check your States Constitution and Laws on the Oath of Office
In the State of NEVADA:
All governmental officers: State, City and County are only official when they are acting under THE CONSTITUTION OF THE STATE OF NEVADA: ARTICLE. 15. Sec 2.
State of Constitution for the Nevada: ARTICLE. 15. Miscellaneous Provisions. Sec 2. Oath of office.
All NEVADA officials are acting under color of law and color of office if they hold an office under The Nevada Revised Statute (NRS) 282.020.
Oath of office. Members of the legislature, and all officers, executive, judicial and ministerial, shall, before they enter upon the duties of their respective offices, take and subscribe to the following oath:
I, ................, do solemnly [solemnly] swear (or affirm) that I will support, protect and defend the constitution and government of the United States, and the constitution and government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state notwithstanding, and that I will well and faithfully perform all the duties of the office of ................, on which I am about to enter; (if an oath) so help me God; (if an affirmation) under the pains and penalties of perjury.
STATUE
NRS 282.020 Form of official oath. Members of the legislature and all officers, executive, judicial and ministerial, shall, before they enter upon the duties of their respective, offices, take and subscribe to the following oath:
I, ........, do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States, and the constitution and government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state notwithstanding, and that I will well and faithfully perform all the duties of the office of ........., on which I am about to enter; (if an oath) so help me God: (if an affirmation) under the [pains and penalties of perjury.
NRS 282.010 Oaths and official bonds of officers; when term of office begins.
NRS 282.040 Form. All official bonds required by law of officers shall be:
NRS 282.050 Bond in force during term of office: effect of subsequent law: conditions.
NRS 282.060 Bond for benefit of injured or aggrieved person; action on bond without assignment. (See NEVADA CASES). State bond trust fund act waived sovereign immuntity, constsented to suit upon offical bond. Hill v. Thomas, 70 Nev. 389, 270 P.2d 179 (1954), cited, Hardgrave v. State, 80 Nev. 74, at 76, dissenting opion at 82, 389 P.2d 249 (1964), Wilmurth v. First Judicial Dist. Court, 80 Nev. 337, 393 P.2 302 (1964)
In suites against state officers. 42 U.S.C. Sec. 1983; In suits against federal officers.
CHECK YOUR STATE CONSTITUTION.
Color of law
Color of law refers to an appearance of legal power to act but which is actually in violation. For example, a police officer who mistakenly arrests another without probable cause may have been acting under the color of law.
42 U.S.C. Section 1983. Civil action for deprivation of rights:
"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."
Title 42, United States Code, Sec. 1983 (History: R.S. Sec. 1979 derived from act Apr. 20, 1871, ch. 22, Sec. 1, 17 Stat. 13. "An Act to Enforce the Provisions of the Fourteenth Amendment."
42 U.S.C. Section 1985. Conspiracy to interfere with civil rights:
(1) Preventing officer performing duties If two or more persons in any State or Territory conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any officer of the United States to leave any State, district, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties;
(2) Obstructing justice; intimidating party, witness, or juror If two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws;
(3) Depriving persons of rights or privileges If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.
Title 42, United States Code, Sec. 1985. [History: R.S. Sec. 1980 derived from acts July 31, 1861, ch. 33, 12 Stat. 284; Apr. 20, 1871, ch. 22, Sec. 2, 17 Stat. 13 "An Act to Enforce the Provisions of the Fourteenth Amendment." Section was formerly classified to section 47 of Title 8, Aliens and Nationality.]
This statute, enacted to aid in "'the preservation of human liberty and human rights'" Owen v. City of Independence, 445 US 622, 636 (1980), reflects a congressional judgment that a "damages remedy against the offending party is a vital component of any scheme for vindicating cherished constitutional guarantees." As remedial legislation, [the Act to Enforce the Provisions of the Fourteenth Amendment] is to be construed generously to further its primary purpose.
Gomez v. Toledo, 446 US 635 (1980).
U.S.C. Title 18 Sec. 241 - 242.
"Whoever, under color of any law, ... willfully subjects any person ... to the deprivation of any rights ... protected by the Constitution or laws of the United States ... shall be fined ... or imprisoned not more than one year, or both."
Color of office
Color of office refers to an act usually committed by a public official under the appearance of authority, but which exceeds such authority. An act committed under color of office is sometimes required to prove malfeasance in office.
Malfeasance has been defined by appellate courts in other jurisdictions as a wrongful act which the actor has no legal right to do; as any wrongful conduct which affects, interrupts or interferes with the performance of official duty; as an act for which there is no authority or warrant of law; as an act which a person ought not to do; as an act which is wholly wrongful and unlawful; as that which an officer has no authority to do and is positively wrong or unlawful; and as the unjust performance of some act which the party performing it has no right, or has contracted no, to do.
Daugherty v. Ellis, 142 W. Va. 340, 357-8, 97 S.E.2d 33, 42-3 (W. Va. 1956) (internal citations omitted).
An official (from the Latin Officialis, person - or object - related to an officium, v., since the Romans the staff of a high office bearer such as a governor) is, in the primary sense, someone who holds an office (i.e. function, mandate, regardless whether it carries a working space with it) in an organisation, of any kind, but participating in the exercise of authority (either his own or that of his superior and/or employer, public or legally private). An elected official is a person who is an official by virtue of an election; officials may also be appointed, ex officio (i.e. by virtue of another office, often in a specified capacity, such as presiding, advisory, secretary), cooptated, or sometimes hereditary.
Malice (legal term)
Malice is a legal term referring to a party's intention to do injury to another party. Malice is either expressed or implied. Express malice occurs when a party gives notice of the intention to commit a crime. Implied malice occurs when, in the course of nefarious or unlawful doings, a party causes the death of another party or does harm to another. Malice, in a legal sense, may be inferred from the evidence and imputed to the defendant, depending on the nature of the case.
In many kinds of cases, malice must be found to exist in order to convict (for example malice aforethought is an element of the crime of murder in many jurisdictions). In civil law cases, a finding of malice allows for the award of greater damages, or for punitive damages. The legal concept of malice is most common in Anglo-American law, and in legal systems derived from the English common law system.
In English civil law (being the law of England and Wales), relevant case law in negligence and misfeasance in a public office includes Dunlop v. Woollahra Municipal Council [1982] A.C. 158; Bourgoin S.A. v. Ministry of Agriculture, Fisheries and Food [1986] Q.B. 716; Jones v Swansea City Council [1990] 1 WLR 1453; Three Rivers District Council and Others v Governor and Company of The Bank of England [2000][1] and Elguzouli-Daf v Commissioner of Police of the Metropolis [1995] 2 QB 335 in which Steyn LJ. found that malice could be made out if the acts were done with an actual intention to cause injury. Malice could be shown if the acts were done in the knowledge of invalidity or lack of power and with knowledge that it would cause or be likely to cause injury. Malice would also exist if the acts were done with reckless indifference or deliberate blindness to that invalidity or lack of power and that likely injury. These elements, with respect, are consistent with the views of the majority albeit that some of those views were expressed tentatively having regard to the basis upon which the case before them was presented.
In English criminal law on mens rea (Latin for "guilty mind"}, R v. Cunningham (1957) 2 AER 412 was the pivotal case in establishing both that the test for "maliciously" was subjective rather than objective, and that malice was inevitably linked to recklessness. In that case, a man released gas from the mains into adjoining houses while attempting to steal money from the pay-meter:
In any statutory definition of a crime, malice must be taken ... as requiring either:
(1) an actual intention to do the particular kind of harm that in fact was done; or
(2) recklessness as to whether such harm should occur or not (i.e. the accused has foreseen that the particular kind of harm might be done and yet has gone on to take the risk of it).
Lord Diplock confirmed the relationship to recklessness in R v Mowatt (1968) 1 QB 421:
In the offence under section 20 Offences Against The Person Act 1861, the word "maliciously" does import upon the part of the person who unlawfully inflicts the wound or other grievous bodily harm an awareness that his act may have the consequence of causing some physical harm to some other person … It is quite unnecessary that the accused should have foreseen that his unlawful act might cause physical harm of the gravity described in the section, i.e. a wound or serious physical injury. It is enough that he should have foreseen that some physical harm to some person, albeit of a minor character, might result.
In the United States, the Malice Standard was set in the Supreme Court case of New York Times Co. v. Sullivan, allowing free reporting of the civil liberties campaign. The Malice Standard decides whether press reports can be considered defamation or libel.
Treason
For other uses, see Treason (disambiguation).
"Traitor" redirects here. For other uses, see Traitor (disambiguation)
In law, treason is the crime of disloyalty to one's nation or state. A person who betrays the nation of their citizenship and/or reneges on an oath of loyalty and in some way willfully cooperates with an enemy, is considered to be a traitor. Oran's Dictionary of the Law (1983) defines treason as: "...[a]...citizen's actions to help a foreign government overthrow, make war against, or seriously injure the [parent nation]." In many nations, it is also often considered treason to attempt or conspire to overthrow the government, even if no foreign country is aided or involved by such an endeavour.
Traitor may also mean a person who betrays (or is accused of betraying) their own political party, family, friends, ethnic group, religion, social class, or other group to which they may belong. Often, such accusations are controversial and disputed, as the person may not identify with the group of which they are a member, or may otherwise disagree with the group leaders making the charge. See, for example, race traitor.
Infringed / Infringement
A breaking into; a trespass or encroachment upon; a violation of a law, regulation, contract or right.
Bill of Rights
n. the first ten amendments to the federal Constitution demanded by several states in return for ratifying the Constitution, since the failure to protect these rights was a glaring omission in the Constitution as adopted in convention in 1787. Adopted and ratified in 1791, the Bill of Rights are: First: Prohibits laws establishing a religion (separation of church and state), and bans laws which would restrict freedom of religion, speech, press (now interpreted as covering all media), right to peaceably assemble and petition the government. Second: 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."
EXPOSING THE TRUTH
Oath of Office
(Read Marbury v. Madison)
To Be (loyal) or not to Be (loyal)
That is the real question
We may be amateur historians, legal professors on Constitutional law, nevertheless, it makes us upset to see our government of today undermining and being disloyal to the Authors principals and intent to an central Government. All Federal and State officers swear to "support and defend the Constitution of the United states." The promise to adhere to the Constitution means to adhere to that and nothing else besides! Divided and diluted patriotism is NOT what the Authors had in mind when they prescribed the basic Oath of Office. (US Constitution., Article VI. Sec. 3. REQUIREMENT). An American public servant who trespasses outside the bounds of his/her Oath of Office is being adulterous toward their country. A restrictive activist is loyal and guards with jealous by its very nature. No one can serve two masters or be true to more the one wife. Federalist
Number 10, a thumbnail matter of this:
“The diversity in the faculties of men, form which the rights of property originates, is not less an insuperable obstacle to the uniformity of interests. The protection of these faculties is the first object of Government”. (Are required to protect and defend the Bill of Rights)
And how falsely they have been in their Oaths of Office to “support and defend the Constitution”! and The Bill of Rights. They have betrayed, mistrust and it is disloyalty. It is crime of perjury, and perjury is a statute by law. Read for yourself:
(U.S. Constitution., Article VI. Sec. 3., Oath Of Office REQUIREMENT)
The Senators and Representatives before mentioned, and Members of the several State Legislatures, and all executive and judicial officers, both of the United States, shall be bound by Oath of Affirmation, to support this constitution.
TITLE 2
CHAPTER 2
Sec. 23. Presiding officer of Senate may administer oaths
STATUTE
The presiding officer, for the time being, of the Senate of the United States, shall have power to administer all oaths and affirmations that are or may be required by the Constitution, or by law, to be taken by any Senator, officer of the Senate, witness, or other person, in respect to any matter within the jurisdiction of the Senate.
2 USC Sec. 25
TITLE 2
CHAPTER 2
Sec. 25. Oath of Speaker, Members, and Delegates
STATUTE
At the first session of Congress after every general election of Representatives, the oath of office shall be administered by any Member of the House of Representatives to the Speaker; and by the Speaker to all the Members and Delegates present, and to the Clerk, previous to entering on any other business; and to the Members and Delegates who afterward appear, previous to their taking their seats.
The Clerk of the House of Representatives of the Eightieth and each succeeding Congress shall cause the oath of office to be printed, furnishing two copies to each Member and Delegate who has taken the oath of office in accordance with law, which shall be subscribed in person by the Member or Delegate, who shall thereupon deliver them to the Clerk, one to be filed in the records of the House of Representatives, and the other to be recorded in the Journal of the House and in the Congressional Record; and such signed copies, or certified copies thereof, or of either of such records thereof, shall be admissible in evidence in any court of the United States, and shall be held conclusive proof of the fact that the signer duly took the oath of office in accordance with law.
2 USC Sec. 35
TITLE 2
CHAPTER 3
Sec. 35. Salaries payable monthly after taking oath
STATUTE
Each Member and Delegate, after he has taken and subscribed the required oath, is entitled to receive his salary at the end of each month. (Question; is this the only reason they take this "oath"?)
4 USC Sec. 101
TITLE 4
CHAPTER 4
Sec. 101. Oath by members of legislatures and officers
STATUTE
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.'
5 USC Sec. 2903
TITLE 5
PART III
Subpart A
CHAPTER 29
SUBCHAPTER I
Sec. 2903. Oath; authority to administer
-STATUTE-
(a) The oath of office required by section 3331 of this title may be administered by an individual authorized by the laws of the United States or local law to administer oaths in the State, District, or territory or possession of the United States where the oath is administered.
(b) An employee of an Executive agency designated in writing by the head of the Executive agency, or the Secretary of a military department with respect to an employee of his department, may administer -
(1) the oath of office required by section 3331 of this title, incident to entrance into the executive branch; or
(2) any other oath required by law in connection with employment in the executive branch.
(c) An oath authorized or required under the laws of the United States may be administered by -
(1) the Vice President; or
(2) an individual authorized by local law to administer oaths in the State, District, or territory or possession of the United
States where the oath is administered.
*[71 U.S. 333, 334] ON the 2d of July, 1862, Congress, by 'An act to prescribe an oath of office, and for other purposes,'1 enacted:
'That hereafter every person elected or appointed to any office of honor or profit under the government of the United States, either in the civil, military, or naval departments of the public service, excepting the President of the United States, shall, before entering upon the duties of such office, take and subscribe the following oath or affirmation:
Prescribed oath of July, 1862. During the War between the States
* "I, A. B., do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to [71 U.S. 333, 335] persons engaged in armed hostility thereto; that I have neither sought nor accepted, not attempted to exercise the functions of any office whatever, under any authority or pretended authority in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power, or constitution with the United States, hostile or inimical thereto.* And I do further swear (or affirm) that, to the best of my knowledge and ability, 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;'
'Any person who shall falsely take the said oath shall be guilty of perjury; and, on conviction, in addition to the penalties now prescribed for that offense, shall be deprived of his office, and rendered incapable forever after of holding any office or place under the United States.'
* Footnote, no longer prescribed in today's oath. This was the fully prescribed oath of July, 1862. See 5 U.S.C. Sec. 3331
5 U.S.C. Sec. 3331 01/06/97
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart B - Employment and Retention
CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT
SUBCHAPTER II - OATH OF OFFICE
Sec. 3331. Oath of office
Statute
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.
'Any person who shall falsely take the said oath shall be guilty of perjury; and, on conviction, in addition to the penalties now prescribed for that offense, shall be deprived of his office, and rendered incapable forever after of holding any office or place under the United States.'
18 U.S.C. Sec. 1621 01/26/98
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 79 - PERJURY
Sec. 1621. Perjury generally
Whoever -
(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or (2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true; is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.
http://en.wikipedia.org/wiki/Oath_of_office
5 U.S.C. Sec. 8312 01/26/98
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart G - Insurance and Annuities
CHAPTER 83 - RETIREMENT
SUBCHAPTER II - FORFEITURE OF ANNUITIES AND RETIRED PAY
Sec. 8312. Conviction of certain offenses
-STATUTE-
(a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual -
(1) was convicted, before, on, or after September 1, 1954, of an offense named by subsection (b) of this section, to the extent provided by that subsection; or (2) was convicted, before, on, or after September 26, 1961, of an offense named by subsection (c) of this section, to the extent provided by that subsection.
The prohibition on payment of annuity or retired pay applies -
(A) with respect to the offenses named by subsection (b) of this section, to the period after the date of the conviction or after September 1, 1954, whichever is later; and
(B) with respect to the offenses named by subsection (c) of this section, to the period after the date of conviction or after September 26, 1961, whichever is later.
(b) The following are the offenses to which subsection (a) of this section applies if the individual was convicted before, on, or after September 1, 1954:
(1) An offense within the purview of -
(A) section 792 (harboring or concealing persons), 793 (gathering, transmitting, or losing defense information), 794 (gathering or delivering defense information to aid foreign government), or 798 (disclosure of classified information), of chapter 37 (relating to espionage and censorship) of title 18;
(B) chapter 105 (relating to sabotage) of title 18
(C) section 2381 (treason), 2382 (misprision of treason), 2383 (rebellion or insurrection), 2384 (seditious conspiracy), 2385 (advocating overthrow of government), 2387 (activities affecting armed forces generally), 2388 (activities affecting armed forces during war), 2389 (recruiting for service against United States), or 2390 (enlistment to serve against United States), of chapter 115 (relating to treason, sedition, and subversive activities) of title 18;
(D) section 10(b)(2), (3), or (4) of the Atomic Energy Act of 1946 (60 Stat. 766, 767), as in effect August 30, 1954;
(E) section 16(a) or (b) of the Atomic Energy Act of 1946 (60 Stat. 773), as in effect before August 30, 1954, insofar as the offense is committed with intent to injure the United States or with intent to secure an advantage to a foreign nation; or
(F) an earlier statute on which a statute named by subparagraph (A), (B), or (C) of this paragraph (1) is based. (2) An offense within the purview of -
(A) article 104 (aiding the enemy), article 106 (spies), or article 106a (espionage) of the Uniform Code of Military Justice (chapter 47 of title 10) or an earlier article on which article 104 or article 106, as the case may be, is based; or
(B) a current article of the Uniform Code of Military Justice (or an earlier article on which the current article is based) not named by subparagraph (A) of this paragraph (2) on the basis of charges and specifications describing a violation of a statute named by paragraph (1), (3), or (4) of this subsection, if the executed sentence includes death, dishonorable discharge, or dismissal from the service, or if the defendant dies before execution of that sentence as finally approved.
(3) Perjury committed under the statutes of the United States or the District of Columbia -
(A) in falsely denying the commission of an act which constitutes an offense within the purview of -
(i) a statute named by paragraph (1) of this subsection; or (ii) an article or statute named by paragraph (2) of this subsection insofar as the offense is within the purview of an article or statute named by paragraph (1) or (2) (A) of this subsection;
(B) in falsely testifying before a Federal grand jury, court of the United States, or court-martial with respect to his service as an employee in connection with a matter involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States; or
(C) in falsely testifying before a congressional committee in connection with a matter under inquiry before the congressional committee involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States.
(4) Subornation of perjury committed in connection with the false denial or false testimony of another individual as specified by paragraph (3) of this subsection.
(c) The following are the offenses to which subsection (a) of this section applies if the individual was convicted before, on, or after September 26, 1961:
(1) An offense within the purview of -
(A) section 2272 (violation of specific sections) or 2273 (violation of sections generally of chapter 23 of title 42) of title 42 insofar as the offense is committed with intent to injure the United States or with intent to secure an advantage to a foreign nation;
(B) section 2274 (communication of restricted data), 2275 (receipt of restricted data), or 2276 (tampering with restricted data) of title 42; or
(C) section 783 (conspiracy and communication or receipt of classified information) of title 50 or section 601 of the National Security Act of 1947 (50 U.S.C. 421) (relating to intelligence identities).
(2) An offense within the purview of a current article of the Uniform Code of Military Justice (chapter 47 of title 10) or an earlier article on which the current article is based, as the case may be, on the basis of charges and specifications describing a violation of a statute named by paragraph (1), (3), or (4) of this subsection, if the executed sentence includes death, dishonorable discharge, or dismissal from the service, or if the defendant dies before execution of that sentence as finally approved.
(3) Perjury committed under the statutes of the United States or the District of Columbia in falsely denying the commission of an act which constitutes an offense within the purview of a statute named by paragraph (1) of this subsection.
(4) Subornation of perjury committed in connection with the false denial of another individual as specified by paragraph (3) of this subsection.
(d)(1) For purposes of subsections (b)(1) and (c)(1), an offense within the meaning of such subsections is established if the Attorney General of the United States certifies to the agency administering the annuity or retired pay concerned -
(A) that an individual subject to this chapter has been convicted by an impartial court of appropriate jurisdiction within a foreign country in circumstances in which the conduct violates the provisions of law enumerated in subsections (b)(1) and (c)(1), or would violate such provisions had such conduct taken place within the United States, and that such conviction is not being appealed or that final action has been taken on such appeal;
(B) that such conviction was obtained in accordance with procedures that provided the defendant due process rights comparable to such rights provided by the United States Constitution, and such conviction was based upon evidence which would have been admissible in the courts of the United States; and
(C) that such conviction occurred after the date of enactment of this subsection. (2) Any certification made pursuant to this subsection shall be subject to review by the United States Court of Claims based upon the application of the individual concerned, or his or her attorney, alleging that any of the conditions set forth in subparagraphs (FOOTNOTE 1) (A), (B), or (C) of paragraph (1), as certified by the Attorney General, have not been satisfied in his or her particular circumstances. Should the court determine that any of these conditions has not been satisfied in such case, the court shall order any annuity or retirement benefit to which the person concerned is entitled to be restored and shall order that any payments which may have been previously denied or withheld to be paid by the department or agency concerned.
Constitution for the State
of Nevada
ARTICLE. 15.
Miscellaneous Provisions.
Sec. 1. Carson City seat of government.
2. Oath of office.
3. Eligibility for public office.
4. Perpetuities; eleemosynary purposes.
5. Time of general election.
6. Number of members of legislature limited.
7. County offices at county seats.
8. Publication of general statutes and opinions of supreme court; effective date of opinions of supreme court.
9. Increase or decrease of compensation of officers whose compensation fixed by constitution.
10. Election or appointment of officers.
11. Term of office when not fixed by constitution; limitation; municipal officers and employees.
12. Certain state officers to keep offices at Carson City.
13. Census by legislature and Congress: Basis of representation in houses of legislature.
14. Election by plurality.
15. Merit system governing employment in executive branch of state government.
Section. 1. Carson City seat of government. The seat of Government shall be at Carson City, but no appropriation for the erection or purchase of Capitol buildings shall be made during the next three Years[.]
Section 2. Oath of office. Members of the legislature, and all officers, executive, judicial and ministerial, shall, before they enter upon the duties of their respective offices, take and subscribe to the following oath:
I, ................, do solemnly [solemnly] swear (or affirm) that I will support, protect and defend the constitution and government of the United States, and the constitution and government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state notwithstanding, and that I will well and faithfully perform all the duties of the office of ................, on which I am about to enter; (if an oath) so help me God; (if an affirmation) under the pains and penalties of perjury.
Members of county game management boards are public officers and upon appointment are required to take constitutional oath of office. AGO 352 (11-5-1954)
STATUE
NRS 282.020 Form of official oath. Members of the legislature and all officers, executive, judicial and ministerial, shall, before they enter upon the duties of their respective, offices, take and subscribe to the following oath:
I, ........, do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States, and the constitution and government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state notwithstanding, and that I will well and faithfully perform all the duties of the office of ........., on which I am about to enter; (if an oath) so help me God: (if an affirmation) under the [pains and penalties of perjury.
NRS 282.010 Oaths and official bonds of officers; when term of office begins.
NRS 282.040 Form. All official bonds required by law of officers shall be:
NRS 282.050 Bond in force during term of office: effect of subsequent law: conditions.
NRS 282.060 Bond for benefit of injured or aggrieved person; action on bond without assignment. (See NEVADA CASES). State bond trust fund act waived sovereign immuntity, constsented to suit upon offical bond. Hill v. Thomas, 70 Nev. 389, 270 P.2d 179 (1954), cited, Hardgrave v. State, 80 Nev. 74, at 76, dissenting opion at 82, 389 P.2d 249 (1964), Wilmurth v. First Judicial Dist. Court, 80 Nev. 337, 393 P.2 302 (1964)
PERJURY AND SUBORNATION OF PERJURY
NRS 199.120 Definition; penalties. A person, having taken a lawful oath or made affirmation in a judicial proceeding or in any other matter where, by law, an oath or affirmation is required and no other penalty is prescribed, who:
1. Willfully makes an unqualified statement of that which he does not know to be true;
2. Swears or affirms willfully and falsely in a matter material to the issue or point in question;
4. Executes an affidavit pursuant to NRS 15.010 which contains a false statement, or suborns any other person to do so; or
5. Executes an affidavit or other instrument which contains a false statement before a person authorized to administer oaths or suborns any
other person to do so, is guilty of perjury or subornation of perjury, as the case may be, which is a category D felony and shall be punished as provided in NRS 193.130.
NRS 199.130 False affidavit or complaint to effect arrest or search.
1. A person who makes, executes or signs or causes to be made, executed or signed, any false or fictitious affidavit, complaint,
deposition, or other instrument in writing before any officer or person authorized to administer oaths, for the purpose or with the intent of
securing a warrant for the arrest of any other person, or for the purpose of securing a warrant for the searching of the premises, goods, chattels or
effects, or of seizing the goods, chattels or effects, or of seizing anything in the possession of any other person, is guilty of perjury which
is a category D felony.
2. A person who commits any of the acts or offenses defined or set out in subsection 1 shall be punished as provided in NRS 193.130.
NRS 199.140 Use of fictitious name on affidavit or complaint to effect arrest or search.
1. A person who makes, executes or signs, or causes to be made, executed or signed, any affidavit, complaint or other instrument, in
writing, before any United States officer or person, or before any state officer or person, authorized to administer oaths, for the purpose or with
the intent of securing a warrant for the arrest of any other person, or for the purpose of securing a warrant for the searching of the premises, goods,
chattels or effects, or of seizing the goods, chattels or effects, or of seizing anything in the possession of any other person, and signs the same
by any other name than his or her true name, is guilty of perjury which is a category D felony.
2. A person who commits any of the acts or offenses defined or set out in subsection 1 shall be punished as provided in NRS 193.130.
NRS 199.145 Statement made in declaration under penalty of perjury. A person who, in a declaration made under penalty of perjury:
1. Makes a willful and false statement in a matter material to the issue or point in question; or
2. Willfully makes an unqualified statement of that which he does not know to be true, or who suborns another to make in such a declaration a statement of the kind described in subsection 1 or 2, is guilty of perjury or subornation of perjury, as the case may be, which is a category D felony and shall be punished as provided in NRS 193.130.
NRS 199.150 Attempt to suborn perjury. Every person who, without giving, offering or promising a bribe, shall incite or attempt to procure
another to commit perjury, or to offer any false evidence, or to withhold true testimony, though no perjury be committed or false evidence offered or
true testimony withheld, shall be guilty of a gross misdemeanor.
NRS 199.160 Procuring the execution of innocent person by perjury or subornation of perjury. A person who, by willful and corrupt perjury or
subornation of perjury, procures the conviction and execution of any innocent person is guilty of murder which is a category A felony and, upon
conviction thereof, shall be punished by imprisonment in the state prison:
1. For life without the possibility of parole;
2. For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
3. For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.
NRS 199.170 Oath and swear defined.
1. The term oath shall include an affirmation and every other mode authorized by law of attesting the truth of that which is stated.
2. A person who shall state any matter under oath shall be deemed to swear thereto.
As a nation we are used to seeing “In God We Trust” on our coins and Federal Notes (paper money). We even ask grace on the food we eat, open legislative sessions with prayer, and take solemn oaths before God! And throughout America, both old and new, runs the theme “truth equals freedom.” and we have heard “Ye shall know the Truth; and the Truth shall make you free.” Where did the equation originate if not in the Biblical text? Thomas Jefferson said that “resistance to tyranny is obedience to God.” And Lincoln phrased it, a nation under God!
I don't think that God chose us as his people, it's that we chose God. And it will mean and always will mean, so long as we remain a nation, that we Americans have taken God as a foundation for our political philosophy and for our nationalism. And that's why the last four words in the prescribed Oath of Offices says, “so help me God”!
So what can we do? Our goal is to bring our national Government back to the Authors intent. A true Republic form of Constitutional Government. This can only be done with the help of concerned citizens. We must stand together in numbers, then and only then will the national Government listen to what we have to say. “United we Stand, Divided we Fall”.
Public Servants elected to Congress must be held accountable for their actions while in office.
A true American God fearing patriot
Gary W, De Capua / President of the C.R.T.F. / N.N.
Does No mean No?
SEVER ABILITY
Webster’s Unabridged Dictionary, American Heritage Dictionary, Black’s Law Dictionary
adj. Capable of being severed or separated; separable into legally distinct rights or obligations, as a contract. --sev”er?a?bil“i?ty n.
INFRINGE
(a) --tr. 1. To transgress or exceed the limits of; violate: infringe a contract; infringe a patent. 2. Obsolete. To defeat; invalidate. --intr. To encroach on someone or something; engage in trespassing: to neglect to obey; as to infringe a law; an increased workload that infringed on his personal life. [Latin ºnfringere, to destroy : in-, intensive pref.; see IN-2 + frangere, to break; see bhreg- below.] --in?fring“er n.
NO
(b) adv. 1. Used to express refusal, denial, disbelief, emphasis, or disagreement: No, I'm not going. No, you're wrong. 2. Not at all; not by any degree. Often used with the comparative: no better; no more. 3. Not: whether or no. --no n., pl. noes (n½z). 1. A negative response; a denial or refusal: The proposal produced only noes. 2. A negative vote or voter. [Middle English, from Old English n³ : ne, not; see ne below + ³, ever; see aiw- below.] no2 (n½) adj. 1. Not any; not one; not a: No cookies are left. 2. Not at all; not close to being: He is no child. 3. Hardly any: got there in no time flat.
NOT
(c)adv. In no way; to no degree. Used to express negation, denial, refusal, or prohibition: I will not go. You may not have any.
SHALL
aux.v. past tense should (sh‹d). 1. Used before a verb in the infinitive to show: a. Something that will take place or exist in the future: We shall arrive tomorrow. b. Something, such as an order, a promise, a requirement, or an obligation: You shall leave now. He shall answer for his misdeeds. The penalty shall not exceed two years in prison. c. The will to do something or have something take place: I shall go out if I feel like it. d. Something that is inevitable: That day shall come. 2. Archaic. a. To be able to. b. To have to; must.
Severability
Nevada's Law...NRS 0.020
0.025 Use of “may,” “must,” “shall” is entitled”; explanation of flush lines.
1. Except as otherwise expressly provided in a particular statue or required by the context:
(b) “May not” or “no” abridges or removes a right, privilege or power.
(d) “shall” imposes a duty to act.
(e) “shall not” imposes a prohibition against acting.
Those who are bound by Oath of office with limited delegation of authority must obey and protect it; The Constitution for the united States of America.
A judge has no authority to act until he has taken the oath of office; until he takes the required oath his acts are a nullity, Mancus says, referring to French v. Texas (1978) 572 S.W.2d 934, 939. In that case, a search warrant issued by a judge who had not taken the required oath of office was void and evidence seized under the warrant was inadmissible. Mancus says that Brown v. State (1951) 238 S.W.2d 787, 33, the court held a judge is without authority to act until he takes the oath required by the Constitution.
Why then, does our Government undermine the framers of the Constitution, and those men who fought and lost their lives to protect this great document and country against socialistic tyrants. When Government will not uphold their Oath of office, then they wear the same cloth as those tyrants.. Our Constitution does not give our Government the authority to undermine or rewrite the Constitution for the united States of America, and the Bill of Rights. The Bill of Rights, is to guarantee our protection from capricious, rapacious, incompetent, and uncaring government.
Learn to defend your RIGHTS
This is why we need to make the Oath of Office a relevant issue
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