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View Diary: Loyalty Oaths (54 comments)

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  •  Lincoln's 10 percent plan (0+ / 0-)

    required political prisoners and prisoners of war to swear loyalty to the Constitution and the Union as a condition of presidential pardon (Wikipedia, "loyalty oath"). McCarthyism attacked the free speech and assembly of leftist parties as treasonous conduct. In Speiser v. Randall (1958) the S.Ct. found unconstitutional a California loyalty oath required for a property tax exemption because it assumed a crime, the burden of proof for which lies with the state not the giver of the oath. Teacher oaths not to support the Communist Party have been struck down. Oaths to uphold the constitution and not overthrow the government by force have been upheld. Oaths assist in criminalizing proponents of democratic reforms (FBI versus civil rights, labor, Occupy). ALso vote suppression is facilitated by oaths: the GOP in 2008 in Ohio interpreted an election day declaration of party affiliation as an oath under penalty of "election falsification" a fifth degree felony. A voter would apparently be required to vote consistent with party affiliation, but Wikipedia does not report whether the statute was tested in court.      

    •  The latter is clearly unconstitutional, if constru (2+ / 0-)
      Recommended by:
      Musial, Cassandra Waites

      ed to mean anything other than 'at the very moment I vote in your stinking primary, and only at that moment, I am a member of your party'.  Any attempt to go beyond that would violate the 1st and 14th As and unconstitutionally chill the right to secret ballot.

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