Oath of
Office in the State of North Carolina
Compiled by
KeepAndBearArms.com with the help
of friends.
Most notably was Jeff Rau, Grassroots
North Carolina Inter-organizational Coordinator
He who cheats on an oath
acknowledges that he is afraid of his enemy, and he thinks little of God. ~~
Plutarch
If you are a
public servant in the State of North Carolina or any city, town, county or municipality
thereof and are not abiding by your oath of office, you are operating outside
the law. At least two generations of political and social pressures have urged
disregard of certain of your most important legal duties, and the time has come
to say enough is enough. Below are Federal and state laws and statutes by which
you MUST abide.
The North
Carolina Constitution's Requirement to take the Oath of Office
Article 6. Suffrage and Eligibility to
Office
Sec. 7. Oath.
Before entering upon the duties of an office, a
person elected or appointed to the office shall take and subscribe the following
oath:
"I, ..........................., do
solemnly swear (or affirm) that I will support and maintain the Constitution and
laws of the United States, and the Constitution and laws of North Carolina not
inconsistent therewith, and that I will faithfully discharge the duties of my
office as ............................................., so help me God."
Source: http://www.ncga.state.nc.us/html2001/LegInfo/constitution/article6.html
Governor
Article 3, Executive
Sec. 4. Oath of office for Governor.
The Governor, before entering upon the duties
of his office, shall, before any Justice of the Supreme Court, take an oath or
affirmation that he will support the Constitution and laws of the United
States and of the State of North Carolina, and that he will faithfully perform
the duties pertaining to the office of governor.
Source: http://www.ncga.state.nc.us/html2001/leginfo/constitution/article3.html
General Assembly
Article 2, Legislative
Sec. 12. Oath of members.
Each member of the General Assembly, before
taking his seat, shall take an oath or affirmation that he will support the
Constitution and laws of the United States and the Constitution of the State
of North Carolina, and will faithfully discharge his duty as a member of the
Senate or House of Representatives.
Source: http://www.ncga.state.nc.us/html2001/leginfo/constitution/article2.html
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The North Carolina
Statute's Requirement to take the Oath of Office
Chapter 11. Oaths.
ARTICLE 1. General Provisions.
§ 11-7. Oath or affirmation to support Constitutions; all officers
to take.
Every member of the General Assembly and every person elected or
appointed to hold any office of trust or profit in the State shall,
before taking office or entering upon the execution of the office,
take and subscribe to the following oath:
"I, . . . . . . . . . . . ., do solemnly and sincerely swear that I
will support the Constitution of the United States; that I will be
faithful and bear true allegiance to the State of North Carolina, and
to the constitutional powers and authorities which are or may be
established for the government thereof; and that I will endeavor to
support, maintain and defend the Constitution of said State, not
inconsistent with the Constitution of the United States, to the best
of my knowledge and ability; so help me God.”(1781, c. 342, s. 1,
P.R.; R.C., c. 76, s. 4; Code, s. 3312; Rev., s. 2358; C.S., s. 3194;
1985, c. 756, s. 5.)
Source: http://www.ncga.state.nc.us/statutes/statutes%5fin%5fhtml/chp0110.html
Also in this section of statutes:
§ 11-1. Oaths and affirmations to be administered with solemnity.
§ 11-2. Administration of oaths.
§ 11-3. Administration of oath with uplifted hand.
§ 11-4. Affirmation in lieu of oath.
§ 11-5. Oaths of corporations.
§ 11-7.1. Who may administer oaths of office.
Source: http://www.ncga.state.nc.us/statutes/statutes%5fin%5fhtml/chp0110.html
The
Actual Oath of Office Public Servants in North Carolina are Required to Take
This One Comes First:
§ 11-7. Oath or affirmation to support Constitutions; all officers to take.
Every member of the General Assembly and every person elected or
appointed to hold any office of trust or profit in the State shall,
before taking office or entering upon the execution of the office,
take and subscribe to the following oath:
"I, . . . . . . . . . . . ., do solemnly and sincerely swear that I
will support the Constitution of the United States; that I will be
faithful and bear true allegiance to the State of North Carolina, and
to the constitutional powers and authorities which are or may be
established for the government thereof; and that I will endeavor to
support, maintain and defend the Constitution of said State, not
inconsistent with the Constitution of the United States, to the best
of my knowledge and ability; so help me God.”(1781, c. 342, s. 1,
P.R.; R.C., c. 76, s. 4; Code, s. 3312; Rev., s. 2358; C.S., s. 3194;
1985, c. 756, s. 5.)
Source: http://www.ncga.state.nc.us/statutes/statutes%5fin%5fhtml/chp0110.html
Then The Following Officers Have Another Oath to Take:
ARTICLE 2. Forms of Official and Other Oaths.
§ 11-11. Oaths of sundry persons; forms.
The oaths of office to be taken by the several
persons hereafter named shall be in the words following the
names of said persons respectively, after
taking the separate oath required by Article VI,
Section 7 of the Constitution of North Carolina:
Administrator, Attorney at Law, Attorney General, State District Attorneys and
County Attorneys, Auditor, Book Debt Oath, Book Debt Oath for Administrator,
Clerk of the Supreme Court, Clerk of the Superior Court, Commissioners Allotting
a Year's Provisions, Commissioners Dividing and Allotting Real Estate, Executor,
Grand Jury--Foreman of, Grand Jurors, Grand Jury--Officer of, Jury--Officer of,
Oath for Petit Juror, Justice, Judge, or Magistrate of the General Court of
Justice, Register of Deeds, Secretary of State, Sheriff, Law Enforcement Officer,
State Treasurer, Surveyor for a County, Treasurer for a County, Witness to
Depose before the Grand Jury, Witness in a Capital Trial, Witness in a Criminal
Action, Witness in Civil Cases, Witness to Prove a Will, Witness before a
Legislative Committee or Commission
Source: http://www.ncga.state.nc.us/statutes/statutes%5fin%5fhtml/chp0110.html
NOTE: All oaths mentioned in Chapter 11 are to be taken AFTER taking the oath in Article VI, Section 7.
North
Carolina Constitution on the
right to keep and bear arms (defending life and liberty, protecting property,
pursuing and obtaining safety, happiness, privacy)
Article 1, Section 30
Militia and the right to bear arms
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; and, as standing armies in time of peace are dangerous to
liberty, they shall not be maintained, and the military shall be kept under
strict subordination to, and governed by, the civil power. Nothing herein shall
justify the practice of carrying concealed weapons, or prevent the General
Assembly from enacting penal statutes against that practice.
Source: http://www.ncga.state.nc.us/html2001/leginfo/constitution/article1.html
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U.S.
Constitution on the right to keep and bear arms
"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."
Source: Bill of Rights, Second
Amendment (ratified 1791, and still the Law of the Land)
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The
Constitution Comes Before Statutes, Edicts, Ordinances, Rules or Regulations
Article VI, U.S. Constitution
This Constitution, and the laws of the United
States which shall be made in pursuance thereof; and all treaties made, or which
shall be made, under the authority of the United States, shall be the supreme
law of the land; and the judges in every state shall be bound thereby, anything
in the Constitution or laws of any State to the contrary notwithstanding.
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.
From Law.Cornell.Edu:
"This means that state
governments and officials cannot take actions or pass laws that interfere with
the Constitution, laws passed by Congress, or treaties. The Constitution was
interpreted, in 1819, as giving the Supreme Court the power to invalidate any
state actions that interfere with the Constitution and the laws and treaties
passed pursuant to it. That power is not itself explicitly set out in the
Constitution but was declared to exist by the Supreme Court in the decision of
McCulloch
v. Maryland."
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CIVIL RIGHTS ACT
42 U.S.C. Chapter 21
SUBCHAPTER I--GENERALLY
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. For the purposes of this section, any Act
of Congress applicable exclusively to the District of Columbia shall be
considered to be a statute of the District of Columbia.
(R.S. Sec. 1979; Pub. L. 96-170, Sec. 1, Dec.
29, 1979, 93 Stat. 1284.)
Source: For date law was enacted,
history of law, amendments (slight, and very much intact in spirit), go here: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+42USC1983
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PUBLIC LAW 96-303
CODE OF ETHICS FOR GOVERNMENT SERVICE (signed into law on July 3, 1980)
ANY PERSON IN GOVERNMENT SERVICE SHOULD:
I. Put loyalty to the highest moral principles and to country above loyalty
to persons, party, or Government department.
II. Uphold the Constitution, laws, and regulations of the United States and
of all governments therein and never be a party to their evasion.
III. Give a full day's labor for a full day's pay; giving earnest effort and
best thought to the performance of duties.
IV. Seek to find and employ more efficient and economical ways of getting
tasks accomplished.
V. Never discriminate unfairly by the dispensing of special favors or
VI. Make no private promises of any kind binding upon the duties of office,
since a Government employee has no private word which can be binding on public
duty.
VII. Engage in no business with the Government, either directly or
indirectly, which is inconsistent with the conscientious performance of
governmental duties.
VIII. Never use any information gained confidentially in the performance of
government duties as a means for making private profit.
IX. Expose corruption wherever discovered.
X. Uphold these principles, ever conscious that public office is a public
trust.
DECA Poster 80-3, Feb 94
When this law was passed, it included a requirement for posting the above
in government facilities. That requirement was later repealed. (Source
1, Source
2) But the law itself is still very much a LAW.
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U.S. State Constitutions
State
Constitutions on the Right to Keep And Bear Arms
North Carolina Constitution
http://www.ncga.state.nc.us/html2001/LegInfo/constitution/ncconstitution.html
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