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Oath of Office in the State of Washington

Compiled by TW Case, Norm Redhead, Jeff Rau, Anna Pendland and Angel Shamaya


Preamble

We, the people of the State of Washington, grateful to the Supreme Ruler of the Universe for our liberties, do ordain this constitution.

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Article I - Section 18 - Military Power, Limitation of

The military shall be in strict subordination to the civil power.

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Article I - Section 24 - Right to Bear Arms

The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.

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Article X - Sections 1 - 6 - Militia

Section 1 Who Liable to Military Duty All able-bodied male citizens of this state between the ages of eighteen (18) and forty-five (45) years except such as are exempt by laws of the United States or by the laws of this state, shall be liable to military duty.

Section 2 Organization - Disipline - Officers _ Power to Call Out The legislature shall provide by law for organizing and disciplining the militia in such manner as it may deem expedient, not incompatible with the Constitution and laws of the United States. Officers of the militia shall be elected or appointed in such manner as the legislature shall from time to time direct and shall be commissioned by the governor. The governor shall have power to call forth the militia to execute the laws of the state to suppress insurrections and repel invasions.

Section 3 Soldiers' Home The legislature shall provide by law for the maintenance of a soldiers' home for honorably discharged Union soldiers, sailors, marines and members of the state militia disabled while in the line of duty and who are bona fide citizens of the state.

Section 4 Public Arms The legislature shall provide by law, for the protection and safe keeping of the public arms.

Section 5 Privilege from Arrest The militia shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at musters and elections of officers, and in going to and returning from the same.

Section 6 Exemption from Military Duty No person or persons, having conscientious scruples against bearing arms, shall be compelled to do militia duty in time of peace: Provided, such person or persons shall pay an equivalent for such exemption.

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RCW 43.01.020 - Oath of Office

The governor, lieutenant governor, secretary of state, treasurer, auditor, attorney general, superintendent of public instruction, commissioner of public lands, and insurance commissioner, shall, before entering upon the duties of their respective offices, take and subscribe an oath or affirmation in substance as follows: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the state of Washington, and that I will faithfully discharge the duties of the office of (name of office) to the best of my ability.

The oath or affirmation shall be administered by one of the justices of the supreme court at the capitol. A certificate shall be affixed thereto by the person administering the oath, and the oath or affirmation so certified shall be filed in the office of the secretary of state before the officer shall be qualified to discharge any official duties: PROVIDED, That the oath of the secretary of state shall be filed in the office of the state auditor.

[1965 c 8 43.01.020 . Prior: 1909 c 43 1; RRS 10981.]

Notes Attorney general, oath of office: RCW 43.10.010.Commissioner of public lands, oaths of employees: RCW 79.01.056, 79.01.068.Court commissioners, oath of office: RCW 2.24.020.Election officials, oaths required: RCW 29.45.080 through 29.45.110.Engineers and land surveyors' board of registration, oath required: RCW 18.43.030.Horse racing commission, oath of office: RCW 67.16.012.Judges of superior court, oath of office: State Constitution Art. 4 28; RCW 2.08.080, 2.08.180.Judges of supreme court, oath of office: State Constitution Art. 4 28; RCW 2.04.080.Liquor control board, oath of office: RCW 66.08.014.Militia, oath of office: RCW 38.12.150, 38.12.160.Oaths, mode of administering: State Constitution Art. 1 6.Perjury, oath defined: RCW 9A.72.010.State administrative officers, oath required: RCW 43.17.030.State auditor, oath of office: RCW 43.09.010.State treasurer, oath of office: RCW 43.08.020.Subversive activities, oath required of public officers and employees: RCW 9.81.070.University of Washington, board of regents, oath required: RCW 28B.10.520.Utilities and transportation commission: RCW 80.01.020.Washington State University, board of regents: RCW 28B.10.520.

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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
When the government's boot is on your throat, whether it is a left boot or a right boot is of no consequence. GARY LLOYD

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