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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

Sec. 1983 Civil action for deprivation of rights

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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 QUOTES TO REMEMBER
Every 13 seconds in America someone uses a gun to stop a crime. —SEN. LARRY CRAIG

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