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Untitled Document

The "Pre-Oath of Office"

by Daniel J. Schultz

If you are like me, you probably get steamed when you see legislators introducing, supporting and voting for legislation that is clearly unconstitutional. Especially candidates who tell the voters, "I support the Second Amendment" and then vote for clearly unconstitutional legislation such as the Brady Act and the Clinton Gun Ban. How can you be sure they really understand their oath? One way that helps is to "get it in writing."

I have presented the following "pre-oath of office" to many candidates running in primary elections for state and federal legislative offices. I simply call the candidate and ask whether they support the right of the people to keep and bear arms. If they say yes, I then announce that they should certainly be willing to sign a "pre-oath" to that effect and tell them I will be sending it to them. I then follow up with a phone call or visit to discuss it with them. So far, two candidates for Congress, who will be running in the fall elections, have signed the oath for me. Having gotten to know both candidates a little better after supporting their campaigns, I am confident each will be true to their oath to support the Constitution and will bear true faith and allegiance to it -- and if they don't, they know that I have a signed statement contrary to their actions that I can use against them in the next election. And as to those candidates who don't sign the oath, at least they will have had an opportunity to actually think about the seriousness of the oath they will have to take if elected.

Oath to Support and Defend The Constitution of the United States of America:

I am a candidate for an elective office under the Constitution of the United States of America. I know that if I am elected, before taking office, Article VI requires that I shall take an Oath to support the Constitution. I subscribe to the following beliefs and today take the following oath:

"The right of the people to keep and bear arms, individually and collectively, organized and unorganized, is an inalienable natural right and the free exercise and enjoyment of this right is guaranteed and protected by the Second Amendment to the Constitution of the United States of America from all infringements.

The Second Amendment to the Constitution of the United States of America, written by the Founders of the Federal Republic, is a confirmation that the right of the people to keep and bear arms is an inherent natural right.

The Second Amendment confirms that liberty must be kept forever fortified; that a disarmed populace is ruinous to the security of a free state; and that the individual has an inalienable natural right to self-defense in order to protect person, family, home and property.

The Second Amendment is an unceasing restraint against governmental interference with the natural rights to which it refers, and it forbids any curtailment or infringement of those rights.

The reasoning and discourses made in the Second Amendment's behalf, by the authors of that amendment, shall be the basis for the clarification and proper interpretation of this guaranteed natural right of the people of this State, and of the other States under the Constitution of the United States of America, to keep and bear arms.

If elected, after taking the oath of office required by Article VI of the Constitution of the United States of America, I shall never vote for legislation that prohibits the private ownership of arms or ammunition, or confiscates the people's privately-owned arms or ammunition; nor take any action, directly or indirectly, which would restrict or deny the guaranteed natural right of the people to purchase, own, possess, sell, lease, loan, manufacture, transport or use arms and ammunition for the purpose of defense of person, family, home or property, regardless of any condition that may exist, including a declaration of State or national emergency.

I believe that the elected representatives of the people are charged, by the oath to support the Constitution required by Article VI of the Constitution of the United States of America, with the duty and responsibility to protect the inalienable natural arms rights of the people so that the right of self-defense, defense of family, home, and property, defense of a free state, and recreational use of arms, including the sport of hunting, shall be preserved."

Date: _____________ Signed:__________________________


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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

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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

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U.S. State Constitutions

State Constitutions on the Right to Keep And Bear Arms

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Related Archives:  The Oath of Office Archives


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"You seem ... to consider the judges as the ultimate arbiters of all contitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy... The Contitution has erected no such single tribunal." --Thomas Jefferson, 1820

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