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Monday, October 15, 2012

Legislators Violate Oath of Office


The Politicususa article of August 3, 2012 feels when legislators sign lobbyist Grover Norquist’s pledge, they violate Article 1 Section 8 of the Constitution that says, “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States.” There is no ambiguity in the Constitution that every legislator swore to uphold but instead of following their sworn oath of office, they revert to their oath to Norquist and subsequently, their refusal to “lay and collect taxes” is hampering the government’s ability to “pay debts and provide for the common defense and general welfare of the United States.”
In Article VI, Section 3 it reads, “The Senators and Representatives, 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,” and “is prima facie evidence that the acceptance and holding of office or employment by the affiant does not or will not violate section 7311 of this title.” Section 7311 (1) of the USC clearly states “An individual may not accept or hold a position in the Government of the United States if he/she advocates the overthrow of our constitutional form of government.”
The penalty for breaking their oath of office is detailed in 18 USC 1918 that says, “Whoever violates the provisions of section 7311 of title 5 may not accept or hold a position in the Government of the United States and shall be fined under this title or imprisoned not more than one year and a day or both.”
In the 112th Congress there are 236 Representatives and 41 Senators including 3 Democrats who are in line for removal for swearing allegiance to Norquist; they have committed a grievous offense in violating their oath of office and deserve nothing less than federal prosecution, removal from office, and imprisonment in a federal penitentiary. In lieu of a Department of Justice (DOJ) investigation and prosecution, citizens of the US have the right to petition the DOJ and file a class action to expedite their immediate removal from their position in the Government according to provisions 18 USC 1918 and 5 USC 7311. If we are unhappy with the way government has gone then we the people need to hold our legislators accountable for upholding our Constitution.   

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