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Compiled
by Melissa
Seaman and Angel Shamaya.
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 South Carolina, or any city,
town, county or municipality thereof and are not abiding by your oath
of office, you are operating outside the law. Below are State laws and
statutes by which you MUST abide.
U.S. Constitution Comes Before Statutes, Edicts, Ordinances, Rules
or Regulations
South
Carolina Constitution:
South Carolina Code: SOUTH CAROLINA
CONSTITUTION SECTION
26. Oath of office. Members of
the General Assembly, and all officers, before they enter upon the duties
of their respective offices, and all members of the bar, before they enter
upon the practice of their profession, shall take and subscribe the following
oath: "I do solemnly
swear (or affirm) that I am duly qualified, according to the Constitution
of this State, to exercise the duties of the office to which I have
been elected, (or appointed), and that I will, to the best of my ability,
discharge the duties thereof, and preserve, protect and defend the Constitution
of this State and of the United States. So help me God." Source:
http://www.lpitr.state.sc.us/scconst/a03.htm Additional
Oath for Deputy Sheriffs in South Carolina SOUTH
CAROLINA CODE ARTICLE
1. GENERAL PROVISIONS Each deputy
sheriff shall, in addition to the oath of office now prescribed by Section
26, of Article III, of the Constitution, take the following oath
(or affirmation) to wit: Oath
of Office for Commissioned & Warrant Officers in the South Carolina
National Guard SOUTH CAROLINA
CODE ARTICLE
5. COMMISSIONED AND WARRANT OFFICERS GENERALLY The oath
of office for commissioned and warrant officers in the National Guard
of South Carolina shall be substantially as follows: South
Carolina Right to Keep and Bear Arms SOUTH
CAROLINA CONSTITUTION SECTION
20. Right to keep and bear arms; armies; military power subordinate to
civil authority; how soldiers quartered. 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. As,
in times of peace, armies are dangerous to liberty, they shall not be
maintained without the consent of the General Assembly. The military
power of the State shall always be held in subordination to the civil
authority and be governed by it. No soldier shall in time of peace be
quartered in any house without the consent of the owner nor in time
of war but in the manner prescribed by law. Source:
http://www.lpitr.state.sc.us/scconst/a01.htm
United
States Right to Keep and Bear Arms UNITED
STATES CONSTITUTION AMENDMENT
II. 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) U.S.
Constitution Comes Before Statutes, Edicts, Ordinances, Rules or
Regulations UNITED
STATES CONSTITUTION ARTICLE
VI. All Debts
contracted and Engagements entered into, before the Adoption of this
Constitution, shall be as valid against the United States under this
Constitution, as under the Confederation. 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, any Thing 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. Source:
Constitution of the United States of America EXPLANATION
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. 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, except that in any action brought against a
judicial officer for an act or omission taken in such officer's judicial
capacity, injunctive relief shall not be granted unless a declaratory
decree was violated or declaratory relief was unavailable. 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; Pub. L. 104-317,
title III, Sec. 309(c), Oct. 19, 1996, 110 Stat. 3853.) 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
TITLE 5.
GOVERNMENT ORGANIZATION AND EMPLOYEES 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. State
Constitutions on the Right to Keep and Bear Arms |
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