Grex Agora46 Conference

Item 222: Proposed revision to oath of US citizenship.

Entered by pvn on Sat Sep 13 07:05:35 2003:

Sep 12, 2003

Existing and Revised Versions of Citizenship Oath

The Associated Press 

The current citizenship oath: 

I hereby declare, on oath, that I absolutely and entirely renounce and
abjure all allegiance and fidelity to any foreign prince, potentate,
state, or sovereignty, of whom or which I have heretofore been a subject
or citizen; that I will support and defend the Constitution
and laws of the United States of America against all enemies, foreign
and domestic; that I will bear true faith and allegiance to the
same; that I will bear arms on behalf of the United States when required
by the law; that I will perform noncombatant service in the
Armed Forces of the United States when required by the law; that I will
perform work of national importance under civilian direction
when required by the law; and that I take this obligation freely,
without any mental reservation or purpose of evasion; so help me God.

The proposed new oath that now will be revised: 

Solemnly, freely, and without any mental reservation, I hereby renounce
under oath all allegiance to any foreign state. My fidelity and
allegiance from this day forward is to the United States of America. I
pledge to support, honor and be loyal to the United States, its
Constitution and laws. Where and if lawfully required, I further commit
myself to defend the Constitution and laws of the United
States against all enemies, foreign and domestic, either by military,
noncombatant, or civilian service. This I do solemnly swear, so
help me God. 

AP-ES-09-12-03 2120EDT 
36 responses total.

#1 of 36 by pvn on Sat Sep 13 07:16:22 2003:

Personally, I don't see the point.  The current version specifically
renounces such as religious leaders (mullahs and popes), village
leaders, and clan or family leaders. The proposed doesn't.  The current
spells out clearly a lot more potential requirments including 'bearing
arms', the latter is more general and thus more subject to
interpretation.  I don't see the point and I don't see what it gains the
US.  Perhaps it was designed by lawyers who seek to litigate what it
means?  Even that doesn't make sense as it would therefore be 72 pages
longer - like a software license which everybody clicks on accept and
nobody reads during an install.


#2 of 36 by gelinas on Sat Sep 13 12:59:42 2003:

(Some people do read those licenses, y'know.)

The point is to place loyalty to the "United States" above loyalty to the
Constitution:  "that I will support and defend the Constitution and laws
of the United States of America against all enemies, foreign and domestic;
that I will bear true faith and allegiance to the same" (current oath) vs
"My fidelity and allegiance from this day forward is to the United States
of America. I pledge to support, honor and be loyal to the United States,
its Constitution and laws" (proposed oath).  NB: 'the same' in the current
oath refers to the Constitution, _not_ the United States.

It's a subtle difference, but it's an important one.

How can I prevent this travesty?


#3 of 36 by rcurl on Sat Sep 13 14:18:43 2003:

The most obvious needed revision is missed: remove "so help me God", which
violates the first amendment to the Constitution that these pledges allege
to support.



#4 of 36 by other on Sat Sep 13 15:11:10 2003:

By what Authority is this change to be made?


#5 of 36 by albaugh on Sun Sep 14 04:58:14 2003:

Re: #3: Wrong-o.  But keep baying at the moon, it will at least demonstrate
your consistency.


#6 of 36 by rcurl on Sun Sep 14 06:31:12 2003:

I think your characterization of it is pretty stupid. I presume you mean
that it appears pretty futile suggesting that "so help me God" be removed
from oaths in an America where it is unconstitutional. But big changes
have small beginnings, and consistent upholding of a good is better than
silently submitting to the bad. There are some encouraging signs, such as
courts finding "under god" in the pledge unconstitional, and the eviction
from a courthouse of a stone religios idol. Some of these successes will,
of course, be fought, and things will regress here and there, but I
believe that eventually our fundamental constitutional provisions will
prevail.



#7 of 36 by pvn on Sun Sep 14 07:25:12 2003:

And small minded people like yourself will impose their opinion on the
majority.


#8 of 36 by jmsaul on Sun Sep 14 14:16:31 2003:

I believe there's a way to take the citizenship oath by affirming, rather than
swearing, so you wouldn't have to say the "God" thing.  That's true for court
testimony.


#9 of 36 by gelinas on Sun Sep 14 14:21:54 2003:

Yes, it is.  Of course, part of the reason for "I do affirm" (instead of "I
do solemnly swear") is Christ's dictum on swearing:  "Do not swear; let your
word be enough."  Sorry, Rane; you can't win for losing.


#10 of 36 by tod on Sun Sep 14 17:34:13 2003:

This response has been erased.



#11 of 36 by rcurl on Sun Sep 14 18:34:57 2003:

Re #7: I have no objection to the majority - or anyone else - expressing their
opinions, but I do object to unconstitutional provisions being forced upon
people. This is no more "small minded" that were the ideas of the founders
of this country. Small mindedness is exhibited by those trying to force
their religious beliefs upon others in pledges and in public ceremonies.


#12 of 36 by rcurl on Sun Sep 14 19:03:06 2003:

What about a compromise: eliminate the religious citation and make the
official version some kind of affirmation, but provide in separate
legislatiion for people to substitute their own preferred version of
affirmation from whatever their beliefs are. Then religion is not forced upon
anyone while at the same time the free practice thereof is not prevented.


#13 of 36 by russ on Sun Sep 14 22:21:43 2003:

The de-emphasis of the Constitution seems to fit with the Ashcroftization
of civil rights in the United States.  And what's with not asking people
to renounce allegiances to religious potentates?  If allegiance to Osama
bin Laden or even the pope demands that you oppose the principles of this
nation, you shouldn't be here.


#14 of 36 by other on Sun Sep 14 22:43:28 2003:

That's where you're wrong.  Opposing the "principles of this nation," as 
you put it, and acting to destroy the them are two very different things.  
The former is expressly accepted, and the latter is not.

If what you suggest were true, then the definitions could easily be 
expanded to make your staement mean that anyone who expresses opposition 
to any law should be expelled.


#15 of 36 by russ on Sun Sep 14 23:19:49 2003:

Not even close, Eric.  It's one thing to oppose a law, it's another
to oppose the Constitution.  If you can't handle the separation between
religious and civil authority, a ban on slavery, women's suffrage and
the like, you have no business being a citizen of this country.


#16 of 36 by other on Sun Sep 14 23:23:07 2003:

So you're saying that anyone who supports any amendment to the 
constitution does not belong here?


#17 of 36 by newjp2 on Mon Sep 15 13:00:30 2003:

I should point out that in the State of Maryland, it is a crime to end an oath
with "so help me God," though I highly doubt anyone is ever charged.


#18 of 36 by rcurl on Mon Sep 15 17:07:49 2003:

Article 6, Sec 3 of the US Constitution reads:

"3. 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."

Hence all oaths including the phrase "so help me God", or any other
religious stipulation are and have always been unconstitutional. 

Nevertheless, they are rampant. I did some web surfing on the question and
the subject phrase is everywhere in oaths. Still, in particular cases,
state courts (e.g., South Carolina) have also declared the requirement
unconstitutional and voided such laws. In fact, the laws specifying
oaths in some states, following the closing "So help me God", add
parenthetically ("The last clause is optional.").




#19 of 36 by albaugh on Mon Sep 15 17:27:25 2003:

You go for it, rcurl.  And while you're at it make sure to get "In God we
trust" removed from currency, too.


#20 of 36 by rcurl on Mon Sep 15 17:53:29 2003:

I'm working on it. The biggest problem will be recalling all the old
currency with the phrase. Perhaps we could send all of that to Iraq.


#21 of 36 by scg on Mon Sep 15 18:17:41 2003:

I swear to tell the truth, the whole truth, and nothing but the truth, so God
help me.


#22 of 36 by cmcgee on Tue Sep 16 00:04:38 2003:

scg, you could just affirm that you will do that, and leave God out, if you
like.


#23 of 36 by rcurl on Tue Sep 16 00:12:29 2003:

He can, since he lives in California:

http://www.cocra.org/ready_ref/oaths.html

[' Chapter Law 688 of the Statutes of 2000, effective January 1, 2001,
repeals Sections 2095 to 2097 of the Code of Civil Procedure. 

' The old law specifies the form of an oath to a witness and variations of
the oath to suit the belief of a witness. 

' The amended law provides that the oath is to no longer include the word
"swear", which is replaced with the word "state". 

' The amended law also provides for an alternative form of the oath for a
person who desires to affirm, declare or to avoid swearing or using the
phrase, "so help you God." ']

But many other states require imploring a God in their oaths.



#24 of 36 by gull on Tue Sep 16 00:32:37 2003:

I tend to think that requiring people who may not believe in God to 
mouth the words cheapens religion.


#25 of 36 by gelinas on Tue Sep 16 03:19:18 2003:

I agree, gull.


#26 of 36 by tsty on Tue Sep 16 05:32:16 2003:

heh-heh .. rcurl had professed many time before that he has
no faith. he's never been in a foxhole before either.
  
fat gliding on top of of the nutrients - his, not mine.


#27 of 36 by cmcgee on Tue Sep 16 11:47:40 2003:

Swearing (an oath) and affirming are two different things.  Quakers will not
swear; they never would use God's name that way.  So the laws, from the
beginning, were written to allow folks to affirm what they wouldn't swear to.


#28 of 36 by rcurl on Tue Sep 16 16:03:25 2003:

That's certainly true of the US Constitution (see
http://members.tripod.com/~candst/tnppage/arg11.htm) but it isn't true in
all states.

I ran across at one time a summary of states that specifically require an
exhortation to a god in their oaths and those that specifically do not
(but can't find it now). Michigan is among the latter. Here is an extract
from the Michigan government home pages concerning the oath for a Notary
Public:

"Oaths and affirmations are pledges sworn to before a notary public
attesting to the truth of a given statement. The effect of an oath and an
affirmation is the same.  Both put the burden of responsibility for the
veracity of the statements on the party subscribing to the document. The
difference, however is that an oath calls upon God as a witness while an
affirmation is made under the penalties of perjury. 
 
"Examples are as follows:

"Oath: Do you solemnly swear that the statements contained herein are
true, so help you God? 

"Affirmation: Do you solemnly affirm, under the penalties of perjury, that
the statements made herein are true?"

[I'm uncertain from this if a person that elects to swear an Oath, as
defined above, is also subject to penalties of perjury if they break their
Oath, or if it is only the said God that is then subject to penalties of
perjury.]



#29 of 36 by janc on Tue Sep 16 16:06:32 2003:

Though generally I agree that fewer mentions of "God" in government would be
good, this particular one doesn't bother me.

The point is to make the statement in a form that is meaningful to the person
taking the oath.  For a person who is strongly religious, mentioning "God"
might be a good way to clarify how seriously they take the oath.  As long as
some flexibility is given in how the oath is taken then it is clearly a
reference to and acceptance of the oath taker's faith, not and endorsement
of that faith.  The key point is that the person saying it is saying it for
themselves, not for the government, and that the person saying it is not
required by the government to say it in that form.


#30 of 36 by janc on Tue Sep 16 16:11:07 2003:

Note this is different from "In God We Trust" on coins, where the "we" clearly
represents the whole nation.

It is also different from the "One nation under God" bit, because that asserts
that God rules over the nation, not just that the speaker believes in God.
So I'd be fine with having "God" in the pledge of allegence if you moved him
to an "so help me God" at the end, and allowed non-believers to substitute
or omit that bit if they don't believe in God.


#31 of 36 by tod on Tue Sep 16 17:00:45 2003:

This response has been erased.



#32 of 36 by clees on Wed Sep 17 19:51:50 2003:

I think it's despicable to renounce any other religion than the here  
intended christian faith. It discriminates gainst agnosts, muslims, 
hindus, buddhists, pagans etc.
IOW: the majority of this planet.


#33 of 36 by tod on Wed Sep 17 21:21:52 2003:

This response has been erased.



#34 of 36 by pvn on Fri Sep 19 05:51:57 2003:

re#32: Uh,  the muslims worship the same god as the jews and christians
even by the most fanatical interpretation of the quran and as others
have pointed out since its founding the US has had means for minded such
to dispense entirely with the mention of deity while partaking of the
benefits.  You one of them there foreign types that doesn't know any
better?


#35 of 36 by clees on Fri Sep 19 07:30:41 2003:

No, ,I am not.
Most christians don't know any better. I was merely stooping to your 
level.


#36 of 36 by pvn on Sat Sep 20 03:35:47 2003:

Ah, but obviously I know better as I would suspect do most christians.


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