A loyalty oath is an oath of loyalty to an organization, institution, or state of which an individual is a member. An oath (from Anglo-Saxon āð, also called plight) is either a Promise or a Statement of Fact calling This page is about loyalty as faithfulness to a cause For its use in business see Loyalty business model or Loyalty Marketing. An organization (or organisation &mdash see spelling differences) is a social arrangement which pursues collective goals which controls its own performance and Institutions are structures and mechanisms of Social order and Cooperation governing the Behavior of a Set of Individuals A state is a political association with effective Sovereignty over a geographic Area and representing a Population.
In this context, a loyalty oath is not a pledge or oath of allegiance. An oath of allegiance is an Oath whereby a subject or Citizen acknowledges his/her duty of Allegiance and swears loyalty to his Monarch It is an affirmation by which a person signs a legally binding document or warrant. A document (noun is a bounded physical representation of body of Information designed with the capacity (and usually intent to Communicate. Most often the term warrant refers to a specific type of Authorization; a Writ issued by a competent officer usually a Judge or Magistrate
Usually, a loyalty oath to an organization or to a nation state is created during a time of social tension when people wish to guard against behavior like advocating fundamental change in the organization, advocating violent overthrow of the nation state, or spreading dissent within the organization. Such social tension is most manifest during times of war or when the organization or nation state is faced with a conflict with one or more other organizations or nation states (see Cold War). War is an international relations Dispute, characterized by organized Violence between National Military units Conflict is a state of discord caused by the actual or perceived opposition of Needs values and interests Cold War is the state of conflict tension and competition that existed between the United States and the Soviet Union (USSR and their respective allies from the
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In the United States
Civil War and Reconstruction
During the American Civil War, political prisoners and prisoners of war were often released upon taking an "oath of allegiance". Causes of the war See also Origins of the American Civil War, Timeline of events leading to the American Civil War The coexistence of a slave-owning South Lincoln's Proclamation of Amnesty and Reconstruction featured an oath to "faithfully support, protect and defend the Constitution of the United States, and the union of the States thereunder" as a condition for a Presidential pardon. A pardon is the forgiveness of a crime and the penalty associated with it During Reconstruction, retroactive loyalty oaths were required, so that no one could hold federal office who hadn't been loyal in the past. The Ironclad Oath was a key factor in the removing of ex- Confederates from the political arena during the Reconstruction of the United States in the 1860s
Truman era
Loyalty oaths were common during World War II. In support of Roosevelt's National Recovery Administration, 100,000 school children marched to Boston Common and swore a loyalty oath administered by the mayor, "I promise as a good American citizen to do my part for the NRA. National Recovery Administration (NRA created in the United States of America under the 1933 National Industrial Recovery Act, was one of the New Deal I will buy only where the Blue Eagle flies. " Another use of loyalty oaths in the United States was during the 1950s and 1960s. The United States of America —commonly referred to as the The 1950s Decade refers to the years of 1950 to 1959 inclusive The 1960s decade refers to the years from the beginning of 1960 to the end of 1969 The Red Scare during the 1950s and the Congressional hearings chaired by Senator Joseph McCarthy helped to sustain a national mood of concern about communist agents and a fear such agents may injure the U. McCarthyism is a term describing the intense anti-communist suspicion in the United States in a period that lasted roughly from the late 1940s to the late 1950s Joseph Raymond McCarthy (November 14 1908 – May 2 1957 was an American politician who served as a Republican U Communism is a Socioeconomic structure that promotes the establishment of an egalitarian, classless, stateless Society based S. government through espionage or outright violence.
On March 21, 1947, concerned with Soviet subversive penetration and infiltration into the United States government by American citizens who held oaths of allegiance to a foreign power during war time, President Harry S Truman instituted a Loyalty Program, requiring loyalty oaths and background investigations on persons deemed suspect to holding party membership in organizations that advocated violent and anti-democratic programs.
Typically, a loyalty oath will have wording something along the following which is taken from the U. S Supreme Court decision of Garner v. Los Angeles Board, 341 U. S. 716.
- "I further swear (or affirm) that I do not advise, advocate or teach, and have not within the period beginning five (5) years prior to the effective date of the ordinance requiring the making of this oath or affirmation, advised, advocated or taught, the overthrow by force, violence or other unlawful means, of the Government of the United States of America or of the State of California and that I am not now and have not, within said period, been or become a member of or affiliated with any group, society, association, organization or party which advises, advocates or teaches, or has, within said period, advised, advocated or taught, the overthrow by force, violence or other unlawful means of the Government of the United States of America, or of the State of California. I further swear (or affirm) that I will not, while I am in the service of the City of Los Angeles, advise, advocate or teach, or be or become a member of or affiliated with any group, association, society, organization or party which advises, advocates or teaches, or has within said period, advised, advocated or taught, the overthrow by force, violence or other unlawful means, of the Government of the United States of America or of the State of California . . . . "
The U. S Supreme Court has both upheld the use of loyalty oaths and overturned lower court decisions upholding loyalty oaths.
Recent Uses
Republican party
Though not legally binding, the Republican National Committee (RNC) used both signed Loyalty Oaths and spoken Loyalty Pledges as a requirement to attend certain 2004 re-election campaign speeches, a possible first in U. S. election history.
During the 2004 presidential campaign, the campaign of George W. Bush routinely required all attendants at its rallies to take what some have called a "loyalty oath". Those who refused to take the oath were not allowed to attend the rally. The "loyalty oath" was actually a pledge of endorsement. These endorsements were used during some of the campaign rallies in 2004. The Bush campaign asserted that the oath was valid because the president was conducting a partisan campaign event. Opponents countered that the oath was intrusive to individual conscience, somewhat fascist in nature and denied general public access to the president. [1] [2] [3]
California
The California state constitution still requires all state workers to sign a loyalty oath as a term of employment. California ( is a US state on the West Coast of the United States, along the Pacific Ocean. The Constitution of the State of California is the document that establishes and describes the duties powers structure and function of the Government of the U [4] On February 28, 2008, the California State University, East Bay fired Marianne Kearney-Brown, a Quaker, for refusing to do so without inserting a reservation that her defense of the state and country would be done "nonviolently."[5] She was reinstated a week later, when she agreed to sign the oath when accompanied by a document prepared by the university that included the clarification "Signing the oath does not carry with it any obligation or requirement that public employees bear arms or otherwise engage in violence. Events 202 BC - coronation ceremony of Liu Bang as Emperor Gaozu of Han takes place initiating four centuries of the Han Dynasty 's rule 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common California State University East Bay (also known as CSUEB, Cal State East Bay, and formerly known as California State University Hayward) is a campus "[6]
Ohio
In the March 2008 State of Ohio presidential primary, some people might have been required to sign a loyalty oath in order to vote. Voters who wish to switch their party affiliation on Primary Election Day and who are challenged are supposed to sign a statement "stating that the person desires to be affiliated with and supports the principles of the political party whose ballot the person desires to vote. "[7] The statement is signed under penalty of "election falsification. " If the challenged person refuses to sign the statement under penalty of election falsification, he is given a provisional ballot. [8]
The Cleveland Plain Dealer, among others, describes the nature of the statement and effect of "election falsification" thusly: Anyone who signs this loyalty oath, but doesn't intend to honor it, can be prosecuted for "election falsification," a fifth-degree felony. [9]
The statute,however describes the offense differently: "No person, either orally or in writing, on oath lawfully administered or in a statement made under penalty of election falsification, shall knowingly state a falsehood as to a material matter relating to an election in a proceeding before a court, tribunal, or election official, or in a matter in relation to which an oath or statement under penalty of election falsification is authorized by law. . . "[10] Thus the requirement is, arguably, more a statement of current intent than a loyalty oath's promise of future support.
See also
Court cases involving loyalty oaths
- American Communications Assn. The Sedition Act of 1918 was an amendment to the Espionage Act of 1917 passed at the urging of President Woodrow Wilson, who was concerned that dissent The Alien Registration Act or Smith Act ( of 1940 is a United States federal statute that makes it a criminal offense for anyone to knowingly or willfully advocate The Communist Party of the United States of America ( CPUSA) is a Marxist-Leninist Political party in the United States. v. Douds, 339 U.S. 382 (1950)
- Gerende v. Board of Supervisors, 341 U.S. 56 (1951)
- Garner v. Board of Public Works, 341 U.S. 716 (1951)
- Speiser v. Randall, 357 U.S. 513 (1958)
- Cole v. Speiser v Randall, 357 US 513 ( 1958) was a US Supreme Court case involved the State of California 's refusal to grant to Richardson, 405 U.S. 676 (1972)
References
- ^ Milbank, Dana [1]
- ^ Benke, Richard [2]
- ^ Suellentrop, Chris [3]
- ^ California Constitution, Article XX, Section 3
- ^ Quaker teacher fired for changing loyalty oath, San Francisco Chronicle, February 29, 2008
- ^ Pacifist Cal State teacher gets job back, San Francisco Chronicle, March 8, 2008
- ^ Ohio Revised Code 3513. Leap years Although the modern calendar counts a year as 365 days a complete revolution around the sun takes approximately 365 days and 6 hours 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1618 - Johannes Kepler discovers the third law of planetary motion. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common 19 Challenges at primary elections [4]
- ^ Ohio Revised Code 3513. 20 Effect of challenge to voter at primary [5]
- ^ Parties shouldn't require loyalty oaths at the polls. The Plain Dealer (March 2008). Retrieved on 2008-03-25. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1199 - Richard I is wounded by a crossbow bolt while fighting France which leads to his death on April 6.
- ^ Ohio Revised Code 3599. 36 Election falsification [6]
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