what oath does the attorney general say

The Oath, as stated in Article II, Section I, Clause 8 of the U.S. Constitution, is as follows: "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

Full Answer

Does Attorney General have to be an attorney?

The Attorney General invariably has been, but is not legally required to be, a lawyer. The Constitution is silent as to his or her qualifications, and 28 U.S.C. 503 provides simply, “The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States.

What is the penalty for violating the oath of office?

The fourth federal law, 18 U.S.C. 1918 provides penalties for violation of oath office described in 5 U.S.C. 7311 which include: (1) removal from office and; (2) confinement or a fine. The definition of “advocate” is further specified in Executive Order 10450 which for the purposes of enforcement supplements 5 U.S.C. 7311.

What does oath of office stand for?

Oath of office An oath of office is an oath or affirmation a person takes before undertaking the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations.

How to obtain general power of attorney?

To be considered mentally capable of giving a power of attorney for property, it must be clear that:

• you know about your assets (what you own, what they’re worth)
• you are aware of your obligations to your dependants, and
• you understand the authority and power you are giving to the person holding Power of Attorney.

What are the exact words of the oath of office?

Article 2, Section 1, of the US Constitution prescribes the Oath. It says “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

What is the penalty for violating the oath of office?

The fourth federal law, 18 U.S.C. 1918 provides penalties for violation of oath office described in 5 U.S.C. 7311 which include: (1) removal from office and; (2) confinement or a fine. remedial and enforceability measures.

Is oath of office legally binding?

Oath takers swear or affirm to uphold both the United States and Virginia Constitutions. Implicit in the oath is the pledge to abide by all applicable laws. Elected officials may be removed from office upon conviction of a felony, a drug related misdemeanor, or a hate crime.

Do federal employees swear an oath?

Every new Federal employee, including the President, is required by law to take an oath to support and defend the Constitution. The Oath of Office will be administered on your first day of employment.

Can you sue the government for violating the Constitution?

Individuals whose constitutional rights are violated by the state government are legally entitled to file a civil action to recover damages. This can be done because of Section 1983, an abridged term for 18 U.S.C. Section 1983, which provides US citizens the right to sue government officials and employees.

What happens if the Supreme Court decides to ignore the Constitution it has sworn to uphold?

Judicial review is the power of the courts, as part of the system of checks and balances, to look at actions taken by the other branches of government and the states and determine whether they are constitutional. If the courts find an action to be unconstitutional, it becomes null and void.

Which President did not use the Bible to take the oath of office?

Theodore Roosevelt did not use the Bible when taking the oath in 1901, nor did John Quincy Adams, who swore on a book of law, with the intention that he was swearing on the constitution. Lyndon B. Johnson was sworn in on a Roman Catholic missal on Air Force One.

Is violating the Constitution treason?

by Deborah Pearlstein. Treason is a unique offense in our constitutional order—the only crime expressly defined by the Constitution, and applying only to Americans who have betrayed the allegiance they are presumed to owe the United States.

Does an oath of office expire?

Technically it expires once our enlistments/commissions are up. BUT, as Capt Seid Waddell says, our Oath never expires. It is our duty to defend the Constitution against all enemies, foreign and DOMESTIC.

Do police officers swear an oath to uphold the Constitution?

Sworn law enforcement officers are those who have taken an oath to support the Constitution of the United States, their state, and the laws of their agency's jurisdiction. Sworn officers also have the responsibility to ensure the safety and quality of life of the communities they serve.

What is the constitutional oath?

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and ...

Who are those individuals that must execute an oath before their given field?

—All public officers and employees of the government including every member of the armed forces shall, before entering upon the discharge of his duties, take an oath or affirmation to uphold and defend the Constitution; that he will bear true faith and allegiance to it; obey the laws, legal orders and decrees ...

What is the oath of office?

Oath of Office. In the Federal Government, in order for an official to take office, he or she must first take the oath of office; this is also known as a swearing-in ceremony. The official reciting the oath swears an allegiance to uphold the Constitution.

What is the oath of the President?

Constitution, is as follows: "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.".

What branch of government takes the oath of office?

Legislative Branch: Members of Congress. At the start of each new Congress, in January of every odd-numbered year, the entire House of Representatives and one-third of the Senate takes an oath of office. For Members of the House, the Speaker will direct the Members to rise, and the oath is administered. A Senator-elect takes the oath of office ...

When was the oath revised?

The oath was revised during the Civil War, when members of Congress were concerned about traitors. In 2009, when Chief Justice John Roberts swore in President Barack Obama at his first inauguration, the Chief Justice made a small mistake in reciting the oath; the next day, the oath was privately administered without incident.

Which article of the Constitution states that the President is bound by oath?

The Constitution only specifies an oath of office for the President; however, Article VI of the Constitution states that other officials, including members of Congress, "shall be bound by Oath or Affirmation to support this constitution .".

Who administers the oath of the Vice President?

The Vice President's oath may be administered by the retiring Vice President, by a member of Congress, or by some other Government official, such as a justice of the Supreme Court. The Vice President's oath is as follows:

Who takes the oath of office in the Senate?

For Members of the House, the Speaker will direct the Members to rise, and the oath is administered. A Senator-elect takes the oath of office from the presiding officer in an open session of the Senate. The current oath is as follows:

What is the oath of the governor?

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.

Where is the oath of affirmation filed?

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.

How to find oath of office for Minnesota judge?

Search Official Documents on the Secretary of State's website for oaths of office for Minnesota Judges. Select "Oath of Office" under "Select Document Type."

What is the oath required for a court of appeals judge in Minnesota?

An oath for Court of Appeals judges is required by Minnesota Statutes §480A.02. The oath prescribed by §358.05 of the Minnesota Statutes is the one found in Article V, section 6 of the Minnesota Constitution.

Can librarians give legal advice?

DISCLAIMER: As librarians and not lawyers, we can suggest resources but cannot give legal advice (such as which form to file ), or legal opinions, (such as how a statute might apply to particular facts.) To do so could be considered the unauthorized practice of law.

What is the duty of an attorney general?

One set of attorneys general has a duty to defend state law against state and federal challenges, while a second group has no duty to defend state law in such scenarios. A third cohort of attorneys general has a power (and in some cases a duty) to attack state statutes of dubious validity.

Why do state attorneys general have a duty to defend?

As we have argued elsewhere, DOJ attorneys insist upon a duty to defend both to increase their influence in intrabranch legal disputes and to curry favor with the courts by exalting judicial superiority in constitutional matters. 9 The duty to defend bolsters the status and independence of DOJ lawyers, and so they cling to it.

What is meant by states and their officers?

The states, and their officers, were meant to be safeguards of a limited federal Constitution, not the front-line champions of federal power via candid confessions of federal supersession. Federal statutes are similarly indifferent as to whether attorneys general have a duty to concede the invalidity of state law.

How do attorneys general help enforce laws?

Attorneys general, through opinions on the constitutionality of state law, help to shape state enforcement. Within one year of the 1962 Supreme Court opinion forbidding the reading of prayers or the Bible, “the attorneys general of 17 states, or about 41 percent of the states whose practice was affected, wrote opinions explicating the issues involved.” 93 In response, several states reconsidered whether they ought to enforce laws permitting the recitation of prayers or the Bible in public schools. 94 A 1990 Utah Attorney General opinion that the state’s domestic violence law was “probably unconstitutional” led several Utah jurisdictions to refuse to enforce the statute. 95 Sometimes attorneys general act on their own opinions. After Nebraska Attorney General John Bruning opined that a state campaign finance statute was unconstitutional, he brought suit and secured a judicial declaration to the same effec t. 96

How does the Constitution limit the powers of the states?

Although Article I, Section 10 mentions certain actions that the states may take with congressional approval, it manifestlylimits states rather than empowering them: each clause begins, “ No state shall . . . . ” 18 Rather than granting power, it assumes its existence and proceeds to limit it. 19 Moreover, though the Constitution mentions high state officials (judges, 20 legislators, 21 and “ the executive Authority ” 22) and their roles in the federal system, it never mentions attorneys general in particular, much less grants them any power. We therefore believe that the Constitution is indifferent to whether a state has an “ attorney general ” at all. We further suppose that the Constitution is generally agnostic about the powers of attorneys general, just as it is about the authority that states choose to vest in lieutenant governors, superintendents of public instruction, and cities. Admittedly, the Constitution is not wholly silent on these issues. For instance, we think that no state could grant its governor (or its attorney general) the power to pardon federal offenses because the Constitution is best read as granting such power exclusively to the President. 23 Likewise, no state may grant its legislature the power to make laws for the District of Columbia because federal legislative power over the District is exclusive. 24 But while the Constitution bars states (and state officers) from exercising certain powers reserved to the federal government, it does not purport to specify the affirmative authority attached to state offices. 25 Given this absence of such affirmative grants of power, and given that the Constitution does not more generally empower states or their officers, we think it certain that the Constitution does not grant attorneys general a discretionary power to concede the invalidity of state law.

What does Norman Williams say about constitutional officers?

Williams claims that “constitutional officers”—officers mentioned in the state constitution—must be able to refuse to enforce state law that they believe is inconsistent with the Constitution, at least when the matter concerns these officers’ constitutionally granted powers. 58 While Williams’s article focuses on governors and their particular features, his argument extends to attorneys general who have constitutionally granted powers. 59 Because some constitutions mention dozens of officers, Williams would read them as authorizing these “constitutional officers” to ignore statutes that contravene their constitutional powers. For instance, on Williams’s account the Louisiana Commissioner of Agriculture 60 and State Police Commissioners 61 could ignore statutes that impinge upon their constitutional powers.

What is common law power?

The common law power to represent the public authorizes many attorneys general to file suits on behalf of the people. Attorneys general have launched lawsuits against tobacco companies, America Online, General Motors, Mazda, Sears Roebuck, and many others, and have thereby imposed “state-based regulation with nationwide impact” in consumer protection, environmental regulation, and securities regulation. 82 Attorneys general have also invoked their common law authority “to represent the public interest” when filing lawsuits challenging the validity of state law. 83 Because of constraints on federal court jurisdiction, these common law challenges are filed in state court, often against the secretary of state. 84 As one might expect, the scope of this common law power varies from state to state. 85

What is the oath of office in New York?

Oath of Office. Members of the State Legislature and all public officers, executive and judicial, are required to take and sign the oath provided by Article XIII, Section 1 of the New York State Constitution before they commence the duties of their office. Public Officers Law Section 10 also requires every public officer to take and file ...

How long does it take to take an oath of office?

An oath of office for an appointive office must be taken and filed within thirty days after notice of his or her appointment or within thirty days after the commencement of his or her term of office. Public Officers Law Section 30 also provides special provisions for oaths of public officers who are on active duty in the armed forces at the time ...

Who must file oaths in New York?

A public officer, who is a "state officer," as defined in Public Officers Law Section 2, must file his or her oath with the New York Secretary of State. State officers include the Governor, Lieutenant ...

Who are the state officers?

State officers include the Governor, Lieutenant Governor, Attorney General, State Comptroller, members of the Legislature, justices of the Supreme Court, Regents of the University, and officers appointed by a State officer or the Legislature.

When do you file a Senate certificate?

The certificate must be filed on or before the tenth day after any member, officer or employee commences the performance of his/her duties. Certificates of members and officers of the Senate must be filed with the Secretary of the Senate.

What is the oath to practice law in California?

With the adoption of the new rule, the entire oath to be taken upon the admission to practice law will now be as follows: “I solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of an attorney and counselor at law to the best of my knowledge and ability. As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy, and integrity.”

What is Rule 9.4?

Rule 9.4 states “In addition to the language required by Business and Professions Code section 6067, the oath to be taken by every person on admission to practice law is to conclude with the following: ‘As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy, and integrity.’. ”.

What is the rule 9.4 of the California Rules of Court?

San Francisco—The California Supreme Court today announced that it has adopted rule 9.4 of the California Rules of Court to supplement the attorney oath for new lawyers.