When Did You Stop Being Patriotic: The Oath Broken

Introduction

The strength of a nation is often gauged by the commitment of its leaders to uphold the principles enshrined in the American Constitution. This commitment, particularly during the tumultuous period of McCarthyism in 1946, marks a pivotal moment when the true nature of patriotism was tested and ultimately abandoned by a segment of the Republican Party. This article delves into the historical context of American patriotism and the significance of oaths of office, underlining how these once esteemed commitments have been neglected.

To Be A Patriot

Defining Patriotism

Broadly defined, being a patriot is about upholding the values and principles of one's country. It involves a commitment to the Constitution, the defense of the nation, and adherence to the rule of law. On May 5, 1789, the Oath Act was passed by the Senate, marking the first official act to require public officials to swear an oath to uphold the Constitution. This act mandated that all elected and appointed officials swear or affirm to support the Constitution and swear to defend the nation against all enemies, foreign and domestic.

The Oath Act was not just an event; it was a commitment of solemnity and honor. The Constitution, drafted in 1787, and the Oath Act came into force on May 5, 1789, and Article VI of the Constitution further cemented these constitutional job requirements. It states that '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.' It also explicitly states that the Constitution is supreme, and federal laws and treaties are the supreme law of the land.

The Obligation of Public Servants

Public officials, including Senators, Representatives, and State Legislatures, are bound by oath or affirmation to support this Constitution. Pursuant to Article VI, no religious test shall ever be required as a qualification to any office or public trust under the United States. This emphasizes not just a legal obligation but a moral and ethical one, ensuring that all public officials take their role in upholding the Constitution seriously.

The Preamble to the Constitution

Integral to this oath-taking process is the Preamble, which encapsulates the purpose of the Constitution. It reads, 'We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common Defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.' This declaration underscores that the Constitution was crafted to serve the people, and public servants must honor their oaths and the Constitution for the greater good.

SCOTUS Has Never Kept Their Oath or Article VI of the Constitution

The Broken Oath

Despite these solemn promises, the United States Supreme Court has consistently failed to uphold its own oath and adhere to Article VI of the Constitution. This breach of trust has ramifications not only within the judicial system but also in the broader political landscape. The Oath Act required Supreme Court Justices to swear two oaths—an Official Oath of Office and a Judicial Oath.

The Official Oath of Office is a pledge to uphold and defend the Constitution against all enemies foreign and domestic. It also commits the person to bear true faith and allegiance to the Constitution and to discharge their duties faithfully.

The Judicial Oath further binds justices to administer justice impartially and without respect to persons. However, the Supreme Court has not upheld these oaths, leading to a quagmire of legal and moral ambiguities. This has resulted in a system that prioritizes personal and ideological interests over the principles of the Constitution.

The Impact on Justice and Democracy

The failure of the Supreme Court to live up to its oaths has severely impacted the integrity of American justice. Without the commitment to the Constitution, the judiciary can no longer be a bulwark against tyranny or injustice. It has undermined the foundational principles of democracy, leading to inequalities, civil rights violations, and a breach of trust between the public and the judiciary.

Historically, the Supreme Court has had the potential to act as a bridge between the legislature and the people. However, when justices abandon their oaths and constitutional principles, they fail to honor this role, perpetuating biases and prejudices. The exclusion of marginalized groups, such as African Americans, is a prime example. Despite being American citizens and eligible to vote, systemic barriers and judicial interpretations have historically denied them full rights and dignity.

A Call for Renewed Commitment

For America to truly live up to its constitutional principles, there must be a renewed commitment to these oaths and statutes. This isn't just about upholding legal formalities; it's about ensuring that every American is treated equally under the law. By doing so, we can foster a society that values diversity, equality, and justice for all.

The untamed power of the judiciary can be a force for good. It can ensure that laws are interpreted fairly, justice is administered impartially, and the Constitution remains the supreme law of the land. However, this requires a lifetime of commitment, diligent adherence, and a willingness to stand up for what is right, even when it goes against personal beliefs or pressures.

Conclusion

The importance of patriotic commitment to the Constitution and due adherence to oaths cannot be overstated. The founding fathers recognized the need for a strong and united nation, and this requires not just lip service but heartfelt and committed action from all citizens, especially those in positions of power. Transgressions against these oaths risk undermining the very fabric of American democracy. As such, it is imperative that public officials and, by extension, the judiciary, remain steadfast in their allegiance to the Constitution and uphold the principles that it embodies.