Penalty for violating "Oath of Office"

[Eddie]

Okay, these all involve misconduct. I think the folks all fired up here are talking about things like passing laws they think are unconstitutional and such.

Can a body pass an unconstitutional law? The law has to be ruled unconstitutional by a judge to be declared unconstitutional. Before that it is a dispute of law. That would be a rough way to get punished.

 

[jbombelli]

Give an example of what you mean and let's take it through it's paces. Choose something that someone has done in violation of their oath and suggest a penalty. Let's break it down.

Charlie Rangel took an oath to "...bear true faith and allegiance..." to the Constitution. I'm sure that does not include taking advantage of his presiding position and declaring the Hughes Amendment to the FOPA to be passed when it was actually soundly defeated in a recorded vote of 298 nay - 124 aye. The ayes have it? Really, Charlie?

He should have been removed from office, lost his benefits, and been statutorily disqualified from public service for the rest of his life.

 

[dross]

Charlie Rangel took an oath to "...bear true faith and allegiance..." to the Constitution. I'm sure that does not include taking advantage of his presiding position and declaring the Hughes Amendment to the FOPA to be passed when it was actually soundly defeated in a recorded vote of 298 nay - 124 aye. The ayes have it? Really, Charlie?

He should have been removed from office, lost his benefits, and been statutorily disqualified from public service for the rest of his life.

Congress makes its own procedural rules. Is that what you would change?

 

[Bill of Rights]

What about all the members of Congress who voted for, say, Obamacare, despite their constituencies making it clear they didn't want it and despite there being no Constitutional basis for such a law? 10A, anyone? No power is granted to the fedgov to address healthcare on a national scale, and yet they do it anyway.

Similar arguments can be made for any "gun control" measure, however those seem to be untouchable at least until the lame duck session.

When you take an oath to support and defend the Constitution, you do not do that by passing "laws" that contradict it.

Marbury v. Madison, 5 US 137,(1803) "The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the Constitution is null and void of law."

And:

Norton v. Shelby County, 118 U.S. 425, (1886) "An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed."

These make it pretty clear that these measures should have no force, however, they are enforced quite often.

To me, these would all qualify as violations of one's sworn oath.

Blessings,
Bill

 

[waldek]

oath of office

VIOLATION OF OATH OF OFFICE $250,000.00 18 USC 3571

 

[poptab]

What about all the members of Congress who voted for, say, Obamacare, despite their constituencies making it clear they didn't want it and despite there being no Constitutional basis for such a law? 10A, anyone? No power is granted to the fedgov to address healthcare on a national scale, and yet they do it anyway.

Similar arguments can be made for any "gun control" measure, however those seem to be untouchable at least until the lame duck session.

When you take an oath to support and defend the Constitution, you do not do that by passing "laws" that contradict it.

And:

These make it pretty clear that these measures should have no force, however, they are enforced quite often.

To me, these would all qualify as violations of one's sworn oath.

Blessings,
Bill

Controlled substances act also has no basis in the constitution. By that I mean the federal government does not have an enumerated power that allows them to make such a law. The law is still being enforced, though. What should be the penalty for such an action that causes people to be imprisoned falsely for 1 year, 2years, 10years. I dont know what would be just but I dont think justice will ever be served. Except of course after these people die and must answer to God for their crimes.

(If you dont agree that it isnt unconstitutional then explain why the federal government had to pass an amendment to control alcohol and why they didnt have to pass an amendment to ban certain drugs.)

The penalty should very by circumstance but I do think there should be a penalty.