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Untitled Document

Oath of Office in the State of South Carolina

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.


South Carolina Constitution:
http://www.lpitr.state.sc.us/reports/sccnst00.htm

South Carolina Code:
http://www.leginfo.state.sc.us/code/index.html


South Carolina Oath of Office

SOUTH CAROLINA CONSTITUTION
ARTICLE III. LEGISLATIVE DEPARTMENT

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

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Additional Oath for Deputy Sheriffs in South Carolina

SOUTH CAROLINA CODE
TITLE 23. LAW ENFORCEMENT AND PUBLIC SAFETY
CHAPTER 13. DEPUTY SHERIFFS GENERALLY

ARTICLE 1. GENERAL PROVISIONS
SECTION 12-13-20. Bond and oaths of deputy.

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:

"I further solemnly swear (or affirm) that during my term of office as county deputy, I will study the act prescribing my duties, will be alert and vigilant to enforce the criminal laws of the State and to detect and bring to punishment every violator of them, will conduct myself at all times with due consideration to all persons and will not be influenced in any matter on account of personal bias or prejudice. So help me, God."

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Oath of Office for Commissioned & Warrant Officers in the South Carolina National Guard

SOUTH CAROLINA CODE
TITLE 25. MILITARY, CIVIL DEFENSE AND VETERANS AFFAIRS
CHAPTER 1. MILITARY CODE

ARTICLE 5. COMMISSIONED AND WARRANT OFFICERS GENERALLY
SECTION 25-1-540. Oath of officers.

The oath of office for commissioned and warrant officers in the National Guard of South Carolina shall be substantially as follows:

"I ______ do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of South Carolina against all enemies foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and the Governor of South Carolina; that I make this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office of _______ in the National Guard of the United States and of South Carolina upon which I am about to enter, so help me God."

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South Carolina Right to Keep and Bear Arms

SOUTH CAROLINA CONSTITUTION
ARTICLE I. DECLARATION OF RIGHTS

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

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United States Right to Keep and Bear Arms

UNITED STATES CONSTITUTION
BILL OF RIGHTS

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)
http://www.nara.gov/exhall/charters/billrights/billrights.html

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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
http://www.nara.gov/exhall/charters/constitution/constitution.html

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.

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Civil Rights Act

UNITED STATES CODE
TITLE 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 21. CIVIL RIGHTS
SUBCHAPTER I. GENERALLY
Section 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, 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

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PUBLIC LAW 96-303

TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III. EMPLOYEES
Subpart F. Labor-Management and Employee Relations
CHAPTER 73. SUITABILITY, SECURITY, AND CONDUCT
SUBCHAPTER I. REGULATION OF CONDUCT
Section 7301. Presidential regulations

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

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 QUOTES TO REMEMBER
The "assault weapon" ban didn't stop the [World Trade Center/Pentagon] terrorists, Brady checks didn't stop them, the high capacity magazine ban didn't. Right to Carry would have. If it had saved only one tower and the people in it, it would have been worth it. GUN CONTROL KILLS. LTC Stasski, 9/11/01

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