Oath of Office

Civil Rights Task Force of / Northern Nevada

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Oaths Taken Before Taking Office or Position

Operation Oath

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.

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.

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.

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.

(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.

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 dose 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.

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