Oath of
Office in the State of Maryland
Compiled
by Angel Shamaya, Founder/Director, KeepAndBearArms.com
with assistance from 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
Under
Maryland law, there is a clear difference
between the unorganized and organized militia. The Governor can call
into service the unorganized militia for defense of the State; he is given specific
power to use the unorganized militia when the organized militia is of
insufficient number to get the job done. And if you, as part of the unorganized militia, do not come
when called, you
can be court-martialed, prosecuted and put in prison.
Public servants in the State of
Maryland or any city, town, county or municipality
thereof who are not abiding by their oath of office are operating outside
the law. Below are Federal and state laws and statutes by which Maryland public
servants MUST abide.
The Maryland Constitution's Requirement to take the Oath of Office
and
The
Actual Oath of Office Public Servants in Maryland are Required to Take
Article 1, Elective Franchise
SEC. 9.
Every person elected, or appointed, to any office of profit or trust, under this
Constitution, or under the Laws, made pursuant thereto, shall, before he enters
upon the duties of such office, take and subscribe the following oath, or
affirmation:
I, _______________, do swear, (or affirm, as
the case may be), that I will support the Constitution of the United States;
and that I will be faithful and bear true allegiance to the State of Maryland,
and support the Constitution and Laws thereof; and that I will, to the best of
my skill and judgment, diligently and faithfully, without partiality or
prejudice, execute the office of ________________, according to the
Constitution and Laws of this State, (and, if a Governor, Senator, Member of
the House of Delegates, or Judge,) that I will not directly or indirectly,
receive the profits or any part of the profits of any other office during the
term of my acting as ___________ (originally Article I, sec. 6, renumbered
by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).
Source: http://www.mdarchives.state.md.us/msa/mdmanual/43const/html/01art1.html
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Refusal/Neglect to
Take Oath, Violation of Oath
Constitution
Article 1, Elective Franchise
SEC. 11.
Every person, hereafter elected, or appointed, to office, in this State, who
shall refuse, or neglect, to take the oath, or affirmation of office, provided
for in the ninth section of this Article, shall be considered as having
refused to accept the said office; and a new election, or appointment, shall
be made, as in case of refusal to accept, or resignation of an office; and any
person violating said oath, shall, on conviction thereof, in a Court of Law,
in addition to the penalties now, or hereafter, to be imposed by Law, be
thereafter incapable of holding any office of profit or trust in this State (originally
Article I, sec. 7. Thus renumbered and amended by Chapter 681, Acts of 1977,
ratified Nov. 7, 1978).
Source: http://www.mdarchives.state.md.us/msa/mdmanual/43const/html/01art1.html
Statute
§ 16-107. State Government
An individual elected or
appointed to an office shall be deemed to have refused the office if the
individual declines or neglects to take and subscribe the oath
prescribed by Article I, § 9 of the Maryland Constitution or by law or
ordinance:
(1) within 30 days
after the day when the office of a clerk of a circuit court receives the
commission of the individual; or
(2) if the
commission is not sent to a clerk of a circuit court, within 30 days after
the individual receives the commission or the notice of appointment.
Source: Click
here.
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Statutory Law Listing
Which Public Servants Must Take This Oath
§ 16-102. State Government
(a) The oath
prescribed by Article I, § 9 of the Maryland Constitution shall be taken and
subscribed before the Governor by:
(1) the Adjutant General;
(2) the Attorney General;
(3) the Comptroller;
(4) the judges of the Court of Appeals and their clerks;
(5) the judges of the Court of Special Appeals and their clerks;
(6) the Secretary of State;
(7) the State Reporter; and
(8) the Treasurer.
(b) On or as soon as practicable after
the third Monday of January next after the election for Comptroller, the
successful candidate for that office shall qualify by taking the oath
prescribed by Article I, § 9 of the Maryland Constitution.
(c) The Secretary of State shall
maintain a book that records the oaths
taken and subscribed under this section.
Source: Click
here.
And, yes, the Governor must
take the same oath:
§ 16-101. State Government
(a) The Governor and Lieutenant
Governor shall take and subscribe the oath
prescribed by Article I, § 9 of the Maryland Constitution:
(1) on the
third Wednesday of January next following the election of the Governor, or as
soon thereafter as may be practicable, between the hours of noon and 2:00 p.m.
in the chamber of the Senate of Maryland; and
(2) before the
Chief Judge of the Court of Appeals; or
(3) if the
Chief Judge is unable to attend, before one of the associate judges of the
Court of Appeals.
(b) The clerk of the Court of Appeals
shall maintain a book that records the oaths
taken and subscribed under this section.
Source: Click
Here.
And Many Other Public Servants
Must Take This Oath, as well
§ 16-105. State Government
Except for an officer specified
in §§ 16-101 through 16-104 of this title, an officer elected or appointed
to any office of trust or profit under the Maryland Constitution or a law of
this State, including a mayor or other chief magistrate of a municipal
corporation, shall take and subscribe the oath
required by Article I, § 9 of the Maryland Constitution before a clerk of the
circuit court or before a sworn deputy of the clerk.
Source: Click
here.
See also:
Oath
for Organized Militia
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Appointed
Officials Must Take Constitutional Oath
§ 4-908. Governor -
Executive and Administrative Departments
Each person appointed under this
subtitle, within thirty days after his certificate of appointment has been
issued and before entering upon the duties of his office, shall take and
subscribe the constitutional oath of
office before the clerk of the court in the county or Baltimore City, where
the commission may be received. The clerk of the court shall transmit to the
Secretary of State a certificate indicating that the person commissioned has
taken the constitutional oath of
office.
Source: Click
here.
§ 3-202. State Personnel and Pensions
(b) Before taking office, each
appointed member shall take the oath
required by Article I, § 9 of the Maryland Constitution.
Source: Click
here.
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Treasurer
Must Take Another Oath in Addition to This Oath
§ 5-101.1. State
Government
In addition to the oath
specified in Article I, § 9 of the Maryland Constitution, the Treasurer shall
take an oath to discharge the duties of the Office of
Treasurer faithfully, diligently, and honestly.
Source: Click
here.
QUESTION:
If the State Treasurer is releasing funds for gun law enforcements (bans,
buybacks, blockages of arms shipped into State, etc.) that violate the oath of
office, how can we most effectively make life miserable for this public servant?
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Maryland Constitution on the
right to keep and bear arms
The state of Maryland's
Constitution does not specifically protect the right of the individual citizen
to keep and bear arms. However, there are certain elements in the Declaration of
Rights for the State of Maryland that do point to the right to keep and bear
arms, as follows:
Declaration of Rights
Preamble, Intention to Secure Liberty
"We, the People of the State of
Maryland, grateful to Almighty God for our civil and religious liberty, and
taking into our serious consideration the best means of establishing a good
Constitution in this State for the sure foundation and more permanent security
thereof, declare:"
Source: http://www.mdarchives.state.md.us/msa/mdmanual/43const/html/00dec.html
NOTE: The intention of the
Declaration of Rights was, among other things, to cause permanent security of
civil liberty. How can permanent civil liberty be achieved and maintained
without free access to arms -- when such has never been lastingly achieved
throughout history?
Constitution is Supreme Law of Land
Art. 2.
The Constitution of the United States, and the Laws made, or which shall be
made, in pursuance thereof, and all Treaties made, or which shall be made,
under the authority of the United States, are, and shall be the Supreme Law
of the State; and the Judges of this State, and all the People of this
State, are, and shall be bound thereby; anything in the Constitution or Law
of this State to the contrary notwithstanding.
NOTE: The so-called
"laws" passed off by liberal-socialists hold no water in the State
of Maryland when they conflict with the U.S. Constitution.
Source: http://www.mdarchives.state.md.us/msa/mdmanual/43const/html/00dec.html
Right to Life and Liberty Not to Be Deprived
in Any Manner
Art. 24.
That no man ought to be taken or imprisoned or disseized of his freehold,
liberties or privileges, or outlawed, or exiled, or, in any manner, destroyed,
or deprived of his life, liberty or property, but by the judgment of his
peers, or by the Law of the land (amended by Chapter 681, Acts of 1977,
ratified Nov. 7, 1978).
Source: http://www.mdarchives.state.md.us/msa/mdmanual/43const/html/00dec.html
Perversion of Government, New Government
Ought to Be Established
Art. 6. That all persons invested with the Legislative or Executive powers of Government are the Trustees of the Public, and, as such, accountable for their conduct: Wherefore, whenever the ends of Government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the People may, and of right ought, to reform the old, or establish a new Government; the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish and destructive of the good and happiness of
mankind.
Source: http://www.mdarchives.state.md.us/msa/mdmanual/43const/html/00dec.html
Militia is proper under a free government
Art. 28. That a well regulated Militia is the proper and natural defence of a free Government.
Source: http://www.mdarchives.state.md.us/msa/mdmanual/43const/html/00dec.html
Departure from Constitution is Anarchy and
Despotism
Art. 44. That the provisions of the Constitution of the United States, and of this State, apply, as well in time of war, as in time of peace; and any departure therefrom, or violation thereof, under the plea of necessity, or any other plea, is subversive of good Government, and tends to anarchy and despotism.
Source: http://www.mdarchives.state.md.us/msa/mdmanual/43const/html/00dec.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
Maryland Constitution
http://www.mdarchives.state.md.us/msa/mdmanual/43const/html/const.html
